04 Staff Report - Landscaping & Lighting Assessment Districts No. 1 & 2MEETING DATE: 4/4/05
°w e aF ITEM NO. 4
4
COUNCIL AGENDA REPORT
~S GAt°
DATE: MARCH 14, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: LANDSCAPING & LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2
ADOPT RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING
PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2005-06
RECOMMENDATION:
Adopt Resolution (Attachment 1) describing improvements and directing preparation of Engineer's
Report for Fiscal Year 2005-2006.
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 of benefit, five of which 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 of landscaped areas that speciallybenefit
the properties within each of the zones. These services are provided by a contractor retained directly
by, and managed by, the Town on behalf of the 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 Town must 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 Council may
levy the annual assessments.
PREPARED BY: ( JOHN E. CURTIS
Reviewed by:
Finance
)r of Parks and Public, Works
Town Manager
Community Development
own Attorney Clerk Administrator
Revised: 3/11/05 1:41 pm
Reformatted: 5/30/02 NAB&tCOUNCIL REPORTS\LLD-TCRPT-4-4-05.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: LANDSCAPING & LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2
MARCH 14, 2005
Attached is a Resolution the Town Council must adopt to initiate the annual process of renewing the
Landscaping & Lighting Assessment Districts for the upcoming fiscal year that will begin on July
1. For the Council Meeting of April 18, 2005, staff will 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 the level of service and fee
assessment.
A brief summary of the 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 of the 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 by the 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 of water 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 of the Protest Hearing will
count towards determining whether a maj orityprotest exists, and whether any increased assessments
may be levied.
The following sets forth the tentative schedule for renewing the Districts for FY 05-06:
April 4 Council adopts Resolution directing preparation of Engineer's Report
April 18 Council receives Engineer's Report. Council adopts Resolution of
Intention preliminarily approving Engineer's Report and assessment amounts,
and sets date and time for Public (Protest) Hearing.
May 16 Notices with Proposition 218 ballots mailed to property owners (if
necessary).
May 18 Notice of Public (Protest) Hearing published in Los Gatos Weekly.
May 25 Notice of Public (Protest) Hearing published in Los Gatos Weekly.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: LANDSCAPING & LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2
MARCH 14, 2005
June 6 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 05-06.
August 1 Deadline for Engineer to transmit Assessment Roll to County Auditor.
CONCLUSION:
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 of the 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 of the 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 05-06 will be provided in the Engineer's Report.
Attachments:
1. Resolution describing improvements and directing preparation of Engineer's Report for Fiscal
Year 2005-2006 (with Exhibits A and B)
2. Maps of Benefit 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 2005-2006
TOWN OF LOS GATOS
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2
RESOLVED, by the Town Council of the Town of Los Gatos, California, as follows:
1. 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 & 2.
2. 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 2005-2006.
3. The improvements to be constructed or installed, including the maintenance or
servicing, or both, thereof, are more particularly described in (Exhibits "A" and "B") hereto attached
and by reference incorporated herein.
4. 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 aboundary 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.
5. The Engineer of said Town be, and is hereby, directed to prepare and file with said
Clerk Administrator a report, in writing, referring to the assessment districts 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;
Attachment 1
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) aproposed 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.
6. The Office of the Engineer of said Town be, and 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.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos, California, at
a meeting thereof held on the day of 2005, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR 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 of any public 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 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 apart of the public
improvements required of Tract No. 8280.
Exhibit q
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, 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,
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 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.
Exhibit B
Exhibit"A11
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Assessment District No. I
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Attachment 2
EXHIBIT "B"
Assessment Diagram
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Area Maintained
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Landscaping & Lighting
Assessment District No. 1
HILLBROOK BENEFIT ZONE
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EXHIBIT °'C"
NORTIa
Assessment Diagram
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Landscaping & Lighting
Assessment District No. 1
Forrester Rd.
KENNEDY MEADOWS BENEFIT ZONE
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EXHIBIT "1)°'
ASSESSMENT DIAGRAM
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3
6
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Areas Maintained by 7 4e~ i2o
Santa Rosa Heights , 8 J /25
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13 14
12
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ood
Landscaping & Lighting
Assessment District No. 1
SANTA ROSA HEIGHTS BENEFIT ZONE
Iv., \,%'15 SMi -MRaS e5eK ZIIA'2 a ,?cal-1:. I2)121000
Exhibit "E"
ASSESSMENT DIAGRAM
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LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. I
Vasona Heights Benefit Zone
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Revised: 3/20/02 by T.D.
EXHIBIT Y"
Assessment Diagram
Hill
Pedes/Tidn Walkwd
s. 567-64-0451C
567-64-044
7.11 L
h1
II
9
567-64-040
4 ~ z
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567-64-049 557567-54-042
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567-6050 567-64-041 .1
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- 16
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Town Limits . a
A
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Landscaping and Lighting
Assessment District No. 2
(Gemini Court Benefit Zone
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