Staff Report
PREPARED BY: MATT MORLEY
Director of Parks and Public Works
Reviewed by: Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/18/2017
ITEM NO: 8
DATE: APRIL 5, 2017
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
2017/18 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 2017/18 for Landscape and Lighting Assessment Districts
No. 1 and 2.
BACKGROUND:
The Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500) allows local
government agencies to form Landscape and Lighting Maintenance Districts for the purpose of
financing the costs and expenses for landscaping and lighting public areas. As a form of benefit
assessment, it is based on the concept of assessing only those properties that benefit from
improvements financed, either directly or indirectly through increased property values.
In the early 1990’s the Town established two Landscape and Lighting Districts comprised of six
zones, five of which are included in District No. 1, and one that is included in District No. 2.
Maps of the six zones are attached to this report (Attachments 2.1-2.6).
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
2017/18 FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS NO. 1
AND 2
APRIL 5, 2017
S:\COUNCIL REPORTS\2017\04-18-17\Landscape & Lighting\Staff Report FINAL.docx 4/12/2017 2:29 PM SH
BACKGROUND (cont’d):
Per the enabling Act, the Town must annually renew the assessments levied against the
properties within 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.
DISCUSSION:
The attached resolution must be adopted by Council to initiate the annual process of renewing
the Landscape and Lighting Assessment Districts for the upcoming fiscal year that will begin on
July 1 and 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
improvements (services) proposed to be provided to the districts (Exhibit A of Attachment 1),
and directs the preparation of the Engineer’s Report required under Streets and Highways Code
Section 22565.
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. Procedurally this means that, if needed, 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 balloting occur, the ballots would then be separately tabulated at the
close of the public hearing for each zone t hat may be voting on a proposed assessment
increase. Only those ballots returned by the close of the public hearing will count towards
determining whether a majority protest exists, and whether any increased assessments may be
levied.
The proposed assessment amounts for all benefit zones will be included in a report to Council
for its May 2, 2017 meeting, per the schedule outlined below to renew the Landscape and
Lighting Districts for FY 2017/18:
April 18 Council considers adopting resolution directing preparation of Engineer’s Report.
May 2 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 30 Notices with Proposition 218 ballots mailed to property owners (if necessary).
PAGE 3 OF 3
SUBJECT: ADOPT A RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING
PREPARATION OF THE TOWN ENGINEER’S REPORT FOR FISCAL YEAR
2017/18 FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS NO. 1
AND 2
APRIL 5, 2017
S:\COUNCIL REPORTS\2017\04-18-17\Landscape & Lighting\Staff Report FINAL.docx 4/12/2017 2:29 PM SH
DISCUSSION (cont’d):
June 2 & 9 Notice of Public Hearing published in Los Gatos Weekly.
June 20 Council conducts public 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 2017/18.
August 1 Deadline for Clerk Administrator to transmit Assessment Roll to County Auditor.
CONCLUSION:
Adopt a resolution describing improvements and directing preparation of the Town Engineer’s
report for Fiscal Year 2017/18 for Landscape and Lighting Assessment Districts No. 1 and 2.
FISCAL IMPACT:
All costs associated with administering the Landscape and Lighting Assessment Districts are
recovered via assessments levied against the benefiting properties within the districts. The
Landscape and Lighting Assessment Districts do not impact the Town’s General Fund. A
detailed analysis of the proposed financing for the district in FY 2017/18 will be provided in the
Engineer’s Report.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is req uired.
Attachments:
1. Resolution Describing Improvements and Directing Preparation of Engineer’s Report for
Fiscal Year 2017/18.
2. Maps of Benefit Zones for Landscape and Lighting Districts No. 1 and 2 (seven maps are
labeled as Attachments 2.1 through 2.6)