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14 - Landscape and Lighting Assessment District-1 Hillbrook Benefit ZonetoWN of MEETING DATE: 4/05/10 ~` , ITEM NO: „. lps~°~A.~OS COUNCIL AGENDA REPORT DATE: MARCH 29, 2010 TO: MAYOR AND TOWN COUNCIL FROM GREG CARSON, TOWN MANAGER .j~ SUBJECT: APPROVE PROPOSED ANNUAL MAINTENANCE RATE INCREASE FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT-1 HILLBROOK BENEFIT ZONE TO $175 OR, DISSOLVE THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT-1 HILLBROOK BENEFIT ZONE RESULTING IN NO FURTHER MAINTENANCE OBLIGATION TO THE TOWN. RECOMMENDATION: 1. Open and hold the public hearing and receive public testimony. 2. Close the public hearing. 3. It is recommended that the Town Council either; A. Adopt a Resolution (Attachment 1) approving the proposed atmual maintenance rate Increase for Landscape and Lighting Assessment District-1 Hillbrook Benef t Zone to $175 annually effective July 1, 2010, or B. Dissolve the Landscape and Lighting Assessment District-1 Hillbrook Benefit Gone resulting in no further maintenance obligation to the Town. BACKGROUND: On May 16, 1994, as requested by property owners in the Hillbrook development, the Town Council approved Resolution 1994-63. This Resolution converted the Town of Los Gatos Open Space Maintenance District #1 into The Hillbrook Drive Benefit Zane, for inclusion in the Town's Landscaping & Lighting District #1. This zone is an assessment district to provide for public maintenance of the private open space located within that particular subdivision. Since its establislunent, the 34 property owners within this zone have been assessed a $50 atmual maintenance fee as part of their amiual property taxes. PREPARED BY: TODD CAPURSO P `~'`-~`~ %~~ Director, Parks and Public Works Reviewed by: Assistant Town Manager/Deputy Director wn Attorney/General Counsel/ Clerk Administrator/Secretary TFinance Convnunity Development N:APPWVNANAGEMEN"11000NCII,ACO[MCIL REPORTSt2010 Repo~7s~Ayu15VIIillbrookLLD working copy 3-29.doc -.~~__M_....~~ PAGE2 MARCH 29, 2010 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE PROPOSED INCREASE OF ANNUAL MAINTENANCE RATE FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT-1 HILLBROOK DRIVE TO $175, OR, DISSOLVE THE HILLBROOK DRIVE MAINTENANCE DISTRICT BACKGROUND confd): The improved parcel maintained by the Hillbrook Drive Benefit Zane is owned by the Santa Clara Valley Water District. The Town currently leases the property from the water district performs maintenance contractually to provide for community benefit. The parcel contains several mature oak Kees as well as a turf area and associated irrigation and lighting systems. As part of the Town Council Resolution 1994-63, funds that had been on deposit in the dissolved Open Space Maintenance District #1 were reallocated to support the maintenance the improved parcel. These funds were to be utilized for maintenance services and credited against any assessments levied against the property owners on an annual basis until the funds were expended. As a result, the maintenance rate per fiscal year assessed against individual property owners was determined to be $50 per year. This $50 acmual assessment fee to each property owner has not been increased since the creation of the zone in 1994. The amiual assessment of $50 for each of the 34 property owners within the above district produces annual revenue of $1,700. While this amoral assessment and the resulting revenue have never been increased, the cost of providing maintenance services lias increased over the years to approximately $5,400 armually. Due to the increase in costs, it is projected that the remaining fund balance will be depleted during the 2010/11 Fiscal Year. The Engineer's Report for the Hillbrook Benefit Zone (Attaclunent 2) outlines the revenue and expenditures for the Fiscal Year 2009-10. DISCUSSION: In order for the Town to cover the annual maintenance casts and continue to provide maintenance services to the Hillbrook Drive assessment district beyond the 2009-10 Fiscal Year, it has become necessary to realign the annual assessment to reflect the actual costs for maintaining this parcel To continue to maintain this property at the current service level, the annual assessment must be increased from $50 to $175 per parcel. If approved, this increase will become effective July 1, 2010. Alternatively, if the amrual assessment is not approved by the Town Council, staff recommends that the Hillbrook Benefit Zone be dissolved and the Town terminate the lease agreement with the Santa Clu~a Valley Water District. As such, the Town would have no further maintenance obligations with regard to this parcel. The property owners would be flee to form their own organization or association and pursue a maintenance agreement directly with the water district for the maintenance services related to this parcel. PAGE 3 MARCH 29, 2010 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE PROPOSED INCREASE OF ANNUAL MAINTENANCE RATE FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT-1 HILLBROOK DRIVE TO $175, OR, DISSOLVE THE HILLBROOK DRIVE MAINTENANCE DISTRICT DISCUSSION (cont'd): Each property owner within the district received a letter notifying them that the Town Council would hold a public hearing on Monday, April 5, 2010 to hear any protests of the proposed assessment increase. Article XIII (D) of the California State Constitution, also known as Proposition 218, allows property owners to submit written protests to the Town, however no electronic mail protests are accepted. Property owners objecting to the proposed maintenance rate increase were able to file a written protest with the Town Clerk to be received on or before the close of the public hearing on April 5, 2010. Pursuant to California Government Code Section 53755(a)(3)(bj, only one written protest per parcel will be counted in determining whether or not there is a majority protest to the proposed maintenance rate increase. The protest must be filed by the property owner of the parcel who is responsible for paying the maintenance rate. To be included in the protest count, a protest must be signed, include the address of the property owner submitting the protest, be timely, and state that it is protesting the maintenance rate increase. The Town must receive a total of 17 written protests prior to the closing of the public hearing on April 5, 2010 to qualify for a majority protest. As of March 29, 2010, the Town has received seven written protests from residents located within the Hillbrook Benefit Zone assessment district. CONCLUSION: Staff recommends that the Town Council either; A. Adopt a Resolution (Attachrnent 1) approving the proposed annual maintenance rate Increase for Landscape and Lighting Assessment District-1 Hillbrook Benefit Zone to $175 effective July 1, 2010, or B. Dissolve the Landscape and Lighting Assessment District-1 Hillbrook Benefit Zone resulting in no further Town maintenance obligation. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. PAGE4 MARCH 29, 2010 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE PROPOSED INCREASE OF ANNUAL MAINTENANCE RATE FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT-1 HILLBROOK DRIVE TO $175, OR, DISSOLVE THE HILLBROOK DRIVE MAINTENANCE DISTRICT FISCAL IMPACT: If an increase in the annual assessment for the Hillbrook Benefit Zone is approved, the Town will collect $5,950 in annual revenue from the residents located within that district. These funds will specifically provide for the annual maintenance of the Hillbrook Benefit Zone. Attachments: 1. In the event of Council approval; Resolution approving the proposed annual maintenance rate increase for Landscape and Lighting Assessment District-1 Hillbrook Benefit Zone to $175.00 effective July 1, 2010 2. Engineers report for FY 2009-10 of Hillbrook Benefit Zone assessment district 3. Copy of Letter mailed to residents of Hillbrook Benefit Zone assessment district 4. Copies of written protests Attachment 1 RESOLUTION RESOLUTION OF THE TOWN OF LOS GATOS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT-1 HILLBROOK BENEFIT ZONE INCREASING THE ANNUAL MAINTENANCE RATE EFFECTIVE JULY 1, 2010 WHEREAS, property owners within the Town of Los Gatos Landscaping & Lighting District #1 have asked the Town to continue to provide mahrtenance services in the Hillbrook Benefit Zone ;and WHEREAS, the property owners of the Benefit Zone do not desire the establishment of any capital replacement fund within the Benefit Zone assets, whether by catastrophe failure, or otherwise, be necessary or desired, the property owners shall be responsible for the costs as part of the following year's assessments which is the normal procedure for Landscaping & Lighting Districts, and that the Town is not and may not be in a position to advance those replacement costs; and WHEREAS, the property owners and the Town find that the equitable apportiotunent of future assessments in the Hillbrook Benefit Zone should be based on a uniform and equal assessment on each parcel because each of the parcels enjoy an equivalent benefit from the open space area; and WHEREAS, the liability for the property to be maintained by the assessments paid from this Benefit Zone shall remain with the Town, and this Zone is neither intended to nor shall it create an independent entity capable of suing or being sued. NOW, THEREFORE, IT IS RESOLVED that the assessments for Fiscal Year 2010- 201Ifor each parcel within the Hillbrook Benefit Zone shall be set at $175.00 per parcel. None of these funds shall be used or transferred far any other purpose. The fiords in the account shall accrue interest as other Town accotmts, and this shall be credited to the account. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, Califonua, held on the Sty' day of April, 2010 by the following vote. COUNCIL MEMBERS: AYES: NAPES: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS ATTACHMENT2 Landscaping and Lighting Assessment District No. 1 HILLBROOK BENEFIT ZONE Fiscal Year 2009/10 ENGINEER'S REPORT ENGINEER'S REPORT FISCAL YEAR 20D9l1D LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT N0. 1 (Pursuant to the Landscaping and Lighting Act of 1972) HILLBROOK BENEFIT ZONE I{evin Rohani, Bngineer of Work for Landscaping and Lighting Assessment District No. 1-- Hillbrook Benefit lone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq, of the Streets and Highways Code (Landscaping and Lighfing Act of 1972). The improvements that are the subject of this report are briefly described as follows: 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 Hiflbrook Drive, Las Gatos, California. This report consists of four parts, as foAows: PART A: Diagram of Existing Improvements. PART B: An estimate of the cost of the improvements. PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which tho Engineer of Work has detemuned the amount proposod to be assessed against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk Administrator. PART D: A diagram showing all of the pazceI of real property within this assessment dishict. The diagram is keyed to Part C by assessment number. Respectfully submitted, KevinRohani Engineer of Worlc DATE _2_ PART "A" Existing Improvements to be Maintained J Blossom Hil! Road NlLLBROOK SlGIY ~. Notto Scale ,\QJ Q~ } ~v .`r~ - ..: ;'LAWN::}::':':':': ........ 'y~ •:.523-11-28. ~~ c O~ ~p ~' .,`.~; .. '~ :~ EX ... OAK l/~i ~~/.. Landscaping & Lighting Assessment Distxict No.1 I-Iillbrook Benefit Zone A(,~IppWyENG/NEER/NGIASMT MAPS~HBZ-Past A.dwg 3/26/ZOOy PART B ESTIMATE OF TAE COST OF IMPROVEMENTS FISCAL YEAR 2009110 HILLBROOI{ DRIVE BENEFIT ZONE FISCAL YEAR 2008/69 REVENUE 1. Fund Balance $ 7,532 2, Assessment 1,700 3. Interest 180 TOTAL REVENUE $ 9,412 FISCAL YEAR 2008/09 ESTIMATED EXPENSES 1. Landscape Contractor 3,110 2. Publication & notification charges (legal) 300 3. Santa Clara County Coilectioo Fee 20 4. Weed Abatement - 5. PG&E Electric 400 6. San Jose Water Co: -Wafer 1,300 7. Town adnvnistrative charges 250 TOTAL EXPENSES FOR 2008/09 $ 5,380 FISCAL YEAR 2009/10 REVENiJE 1. Fund Balance $ 4,032 2- Assessment I,7D0 3. Interest 1b0 TOTAL F,STIMATED REVENUE $ 5,892 FISCAL YEAR 2009/10 ESTIMATED EXPI:NSE5 1. Landscape Contractor 3,110 2. Santa Clara County Collection Fee 20 3. Publication & notification charges 300 4. Weed Abatement - 5. San lose Water Co: -Water 1,300 6. PG&E Electric 400 7. Town administrative charges 250 TOTAL ESTIMATED EXPENSES FOR 2009110 $ 5,380 BALANCE TO CARRY FORWARD TO 2010111 $ 512 -4- PART C ASSESSMENT ROLL FISCAL YEAR 2009/10 HILLSROOK BENEFIT ZONE S ecial Assessment No. Amount of Assessment Pro er Descri lion Loll $50.00 523-11-027 Lott 50.00 523-11-026 Lot3 50,00 523-I1-025 Lot4 50.00 523-11-024 Lots 5D.00 523-11-023 Lat 6 50.00 523-11-022 Lot? sa,aD 523-11-021 LotB 50.00 523-11-020 Lot9 50.00 523-11-019 Lot 10 SU.00 523-11-018 Lotll 50.00 523-07-030 Lot 12 SO.UO 523-07-029 Lat13 50.00 523-07-028 Ln#14 50.00 523-D7-027 Lot 15 50.00 523-07-026 Lot 16 50.OD 523-07-025 Lat17 50.00 523-07-024 Lot 18 50.00 523.07-023 Lot 19 50.00 523-07-022 Lot 20 50.00 523-07-021 Lot 21 50,00 523-07-020 Lot 22 50.00 523-07-019 Lot 23 SO.UO 523-07-018 Lot 24 50.00 523-07-017 Lot 25 50.00 523-07-016 Lot 26 50.00 523-07-015 Lot 27 50.00 523-07-014 Lot 28 50,00 523-07-013 Lot 29 50,00 523-07-012 Lot 30 50.00 523-07-011 Lot 31 50.00 523-07-010 Lat32 50.00 523-07-009 Lot 33 50.00 523-07-008 Lot 34 _ _ SD.00 523-07-007 Total Assessment: $1,700 -5- ASSESSMENT ROLL FISCAL YEAR 2009!10 HiT,LBROOK BENEFIT ZONE The Sines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll. METHOD OF APPORTIONMENT OF ASSESSMENT The total arnount of the assessment was apportioned equally to all the lots within Landscaping and Lighting Assessment District No. 1--Hillbrook Benefit Zone. -6- HILLBROOK BENEFIT ZONE PROPERTY OWNERS LIST 523-11-027 Bxaddi, Louis J., Jr. and Joan N, Trustee 523-11-026 Cordell, Robert Q., II 523-11-025 Fallon, Donald J.; 523-11-024 Wheldon, James M. and Raymonde M, Trustee 523-71-023 Parham, Eric S. and Amy K 523-11-022 Sprague, Margaret L., Trustee, Et Al 523-11-021 Rubenstein, Charles B. 523-11-020 Prey, William A. and Lea F„ Trustee 523-11-019 Sprintz Michael and Mildred 523-I1-Ol 8 Pearson, Karl M., 3r. and Lorelda M. 523-07-030 Cusick, Jaseph D. and Kathryn V., Trustee 523-07-029 Allari, Donald L, and Mary E. 523-07-D28 Ruble, Philip G. and Nancy A, Trustee 523-07-027 Spiteri, Ralph J. & La Verne C. 523-07-026 McCoy, Jzrome IC, and Sheryl D. 523-07-025 Jin,RobertandLisaH. 523-D7-024 Harwood, Michael and Elizabeth 523-07-023 Lackovic, Colette 523-07-022 Pagan, Anthony R, and Susanne D. 523-07-021 Schneider, john O. and Condi Michae]a 523-D7-020 Biller, Jason and Jenny 523-07-019 Bond, Joann G. Trustee 523-07-018 Sautter, Grace E., Trustee 523-07-017 Kenehan, Glenn and Marta 523-07-016 Raynaud, Joseph B, and Theresa C., Trustee 523-07-015 1{irk, Rcue1 J. and Margaret A. 523-07-OI4 Steele, Charles C, 7r. and Nancy J., Trustee -7- HILLBROOI~ BENEFIT ZONE PROPERTY OWNERS LIST 523-07-013 Easley, Thomas E, and Imagene 523-67-012 Vasconi, Anthony and Elena 523-07-O1 l Workman, Dale S. and Bonnie 7. 523-07-010 Vossen, Stephen 523-07-009 Bergkamp, lames and Kimberly 523-07-008 Desantis, .Tustin TLUStee 523-07-007 Sclmeider, Linda V. -8- PART "D" Assessment ~ Blossom Hill Road ~°' 4~ / -b~ 31 lane 2 N 1~0j`>on ~ ~~ sv-a s1s'or%° ~`` NO s z,~°~ar Ary. ~`~ow M'r'° Z sv-~-xt i ",a>,rz ~ o 29 3 ~0 23 ~> u6 .^~ ~ti 4 a`y '," 19 ~~' w sa 24 _~> ~ QZ v ~ 6 7 Z6L ~2S ,(~ sb-n>,z18 ,">~ ~ mac" rr, s~ ~ g a ,ze n 15 ~ g o> ~ d" ~I 14 ~y~ ~ 10 13 ~ ~¢SI`j~d p5•~ ~ sst 9~ 12 Fet ~i- li Landscaping & Lighting Assessment District No.l Not to Scale Hillb~ook Benefit Zone Area Maintained by Benefit Zone a\ 5 N.' 1PPW~ENG/NEERlNG1ASMT-MAPS IHbbzmop.dwg a/ro/<wa RESOLUTION 2009-044 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY ANb COLLECT ASSESSMENTS FOR FISCAL YEAR 2009/10 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO.1-- HILLBROOI{BENEFIT ZONE AND TO SET PUBLIC HEARING CONSD)ERING THE PROPOSED ASSESSMENTS WHEREAS, Landscaping and Lighting Assessment District No, 1--Hillbrook Benefit Zone is generally located along Fainnead Lane and Hillbrook Drive, as generally shown in Parl D hereto, and generally consists of the following improvements: Landscaping, turf, lighting and appurtenances on Assessor's Parcel Number 523-11-028, located at the southeast corner of Blossom Hill Road and Hillbrook Dtive. WI3EREAS, on April 6, 2009, the Town Council ordered the Dish'ict Engineer to prepare and file a report regarding Landscaping and Lighting Assessment District No. 1--Hillbrook Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and WHEREAS, the District Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, the Enghiecr's Report contains a detailed description of the irprovements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels oPl~utd within the District; and WIIE1tEAS, the Town Cowicil intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the Dishict, and the proposed assessments will be equal to those assessed in Fiscal Year 2008/09; and WHEREAS, these proposed assessment should be set for public hearing in accordance with the Sheets and Highways Code, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Comlcil will consider the levying-and collection of assessment in Landscaping acrd Lighting Assessment District No. 1--Hillbrook Benefit Zone at a public hearing Monday, June 1, 2009, at 7:00 P. M., in the Town Council Chambers at Civic Center, 110 East Main Street, Los Gatos, CA 95030, when all interested persons may come and be head. Tlus heai~ng may be continued from time to time. 2, Any pcrson wishing to protest the levy and collection of assessments may do so by filing a writtcn protest with the Cleric Admvusriator, at 110 r. Main Strect, Los Gatos, CA 95030, before the close of the public hearing on Jtme 1, 2009, or as may he continued from time to time. Any such written protests must state al] grottnds of objection and a description to the property awned by the person malting the protest sufficient to identify the property owned by that person. 3. 17rc Cleric Admirustrator is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Thnes at least ] 0 days before the public hearing. 4. Tlie Cleric Admnristrator is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days Uefore the public bearing. PASSED AND ADOPTED at a regular ineetiug of the Town Council of the Town of Los Gatos held on the 4~~' day of May, 2009 by the following vote: COUNCIL: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED%i6~%~~G%/~G~ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TEST~~ CL RJ~OF TIIE TOWN OF LOS GATOS LOS GAT•OS, CALIFORNIA PART "D" Assessment Blossom Hrll Road 32 33 3~. _. ~ s \ ~° , a , its iii '' ~ 31 (.aC18 ~,°j "^ry °TMyO a ti cam - szr 30 °> b °' 21 t9 w _,~ 9 ~~ o zo ~,%28 k' ~°z" 19 ^ °>. n 24 ~c y (p p ° z6 0 1~ ~, ~ ~ °,->s ~Q 6 16 ~ ~~ v -a>.ze n r~ u 15 ~ ~s~ ^a 14 y~ 1 C 13 F~st~, .~°' D~~/ ~~~ 1 ^rym wti s~ ~ a~' S l~ row s:'''~ , ~ 6 ~~ ~/r.~ : 7 >'~`4 a° 0 a-,° 9 12 h/11 Fs~ Or Laiadsca~illg & Ligiltin~ Assessment District No,1 Noti~~~~,e Hillbrool~ Benefit Lone Area Maintained by Benefit Zone N.' ~PPW~ENG/NEERING~ASMT-MAPS~Hbbzmap. dw9 3/26/2009 ATTACHMENTS February 9, 2010 Name Address 1 Address 2 CityStateZip NOTICE OF PUBLIC HEARING ON PROPOSED PROPOSED INCREASE IN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT-1 HILLBROOK DRIVE RATE EFFECTIVE JULY 1, 2010 Town of Los Gatos Town Council Chambers 110 East Main Street Los Gatos, CA 95030 April 5, 2010 7 PM or as soon thereafter as matter can be heard hi the early 1990's the Town of Los Gatos formed The Hillbrook Drive assessment district in order to provide for public maintenance of the private open space located within your subdivision and owned by the 34 property owners. Since its establishment, a $50 per year assessment has been collected from each property as part of your annual property taxes. The purpose of the District was to provide far the ongoing maintenance and care of landscaped areas that benefit the properties within Hillbrook Drive neighborhood with services provided by a conh'actor retained directly by, and managed by, the Town. on behalf of the property owners of Hillbrook Drive neighborhood. The annual assessment cost for each of the 34 property owners within the above assessment dish'ict has been $50, producing amoral revemre of $1,700. This armual assessment to each property has never been increased while the cost of providing maintenance services has increased significantly to approxhnately $5,400 annually. The attached engineers report outlines the revenue and expenditures for Fiscal Year 2009-10. Maintenance Rates: Cities who face this same sihiation are required to increase faced with the alternatives of increasing the assessments commensurate with the cost of providing the service or dissolvinge the assessment dish'ict and returning the maintenance responsibilities to the homeowners. hr order for the Town of Los Gatos continue to provide maintenance services to the Hillbrook Drive assessment district after end of 2009-10 Fiscal Year, the annual assessment must be increased to cover the cost of providing this service. effective Effective hrly 1, 2010 annual maintenance rates are proposed to change to pay for the maintenance services. increase to $175 far each of the 34 properties within the Hillbrook Drive assessment disb•ict. rf the dishict is dissolved, Town would not have any maintenance responsibility from fliatAlternatively, if the Town makes a decision to dissolve the district, the Town would have no fiuther maintenance obligation and point forward. tThe property owners must Chwould have to en form their own organization to hirre maintenance conh'actors and manage and administer maintenance services. to provide for the maintenance of the open space. ATTACHMENT3 Prrocess and Protests: The Town will hold the public hearing referenced above to hear any protests for proposed assessment increase from $50 to $175 atmually. Article XIII (D) of the California State Constitution also known as Proposition 218, allows property owners to submit written protests to the Town regarding the proposed rate increase. No e-mail protests are accepted. Property owner's objecting to the proposed maintenance rate increase desa•ibed in this notice may file a written protest with the Town Clerk to be received on or before the close of the uublic hearing on April 5, 2010, but protests are requested by March 31, 2010 to permit sufficient time to tabulate responses before the public hearing. Written protest notices should must be addressed as follows: Town of Los Gatos Office of Town Clerk 110 East Main Street Los Gatos, CA 95030 Pursuant to California Government Code Section 53755 (a)(3)(b), only one written protest per parcel filed by a property owner of the parcel who is responsible for paying the maintenance rate will be counted counted iu determining whether or not there is a majority protest to the proposed maintenance rate increase. To be included in the protest count, a protest must be signed attd include the address of the property owner submitting the protest; be timely; and state that it is protesting the maintenance rate increase. Additional information about this announcement and proposed maintenance rate increase can be obtained from Town Finance Department at 354-6828 or Parks & Public Works Department at 399-5773. ATTACHMENT 4 Landscape and Lighting District #1 Hillbrook Drive Benefit Zone -Proposed Rate Increase Protest Statement Log Name Address Date Statement Filed Ruhle, Philip Rubenstein, Rochelle, Trustee Cordell, Robert II, Trustee Lackovic, Thomas Harwood, Michael Workman, Dale and Bonnie Bond. Joann 155 Eastridge Drive 136 Hillbrook Drive 116 Hillbrook Drive 135 Hillbrook Drive 139 Hillbrook Drive 129 Fairmead Lane 126 Fairmead Lane 2!19/2010 2/11 /2010 2/11/2010 2/19/2010 2/27/2010 3/3/2010 3/5/2010 _Hillbrook Drive Los Gatos, CA 95032 11 February, 2010 Town of Los Gatos Town Council Chambers 110 East Main Street Los Gatos, CA 95030 WRITTEN PROTEST STATEMENT Re: Landscape & Lighting Assessment District No. 1 Hillbrook Benefit Zone Rate Increase Proposal, Fiscal Year 2009!10 We wish to object to the increase in assessments. Our opposition is not to the (still trivial) atmual levy, but to the ctm-ent way in which the Assessment District No. 1 outlays are allocated. Despite our recent rant storms, there have been strong indications that water reshictious are likely to be required sooner or later throughout Santa Clara County. Property owners in this District may soon be deciding how to cope with a mandatory reduction in household water use. The "easiest" route for most of us will be lawn removal. In this deteriorating environment, we are being irresponsible in lavishing irrigation water (and energy) on au unused piece of land. 27% of the direct costs for "benefit" area mahitenance is comprised of water charges. Presumably most of the remaittixtg cost is for mechanical lawn mowing (under the "Landscape Contractor" heading). People who turn into Hillbrook Drive rarely glimpse the lawn because they are intent on negotiating the sharp and dangerous corner (we would nmch prefer to contribute money to widening the road to smooth that hu-n!), so we do not feel that a manicured entrance to our sheet has any effect on our property values. The better approach would be to ±r;;~tsf tm the appearance of the plot to make it even snore inronspicuous. We propose that we continue the assessment at its present $50 level for one additional year. The money raised should pay for the removal of the lawn, and for replanting that area with fire-resistant native plant ground cover species which require no irrigation water. Once these are planted, we assume that only minimal maintenance would be required on the "private open space" plot after the wild plants have become established, and wish to discuss with the City what form that custodianship should take and how it should be funded-perhaps th Signature of Property Owner Name of Properly Owner 129 Fairmead Lana Los Gatos, Ca. 95032 February 25, 2010 Town of Los Gatos Town Council Chambers 110 East Main Street Los Gatos, Ca 95030 Vi'rittcn Protest Statement RE Landscape & Lighting Assessment District No 1 Hillbrook Benefit Zone Rate Increase Proposal, Fiscal Year 2009/2010 We wish to abject to the increase in assessments. Our opposition is not to the annual levy, but to the way in which the Assessment District outlays are allocated. Because the Santa Clara valley continues to have water shortage concerns and we axe continually urged by the water district to minimize water use and to convert yard landscape to draught tolerant planting, I fmd it hicredulous that $1300 is spent atmually ou water which is mostly for lawn which is so over watered that water stands in the walkway. In addition, $33 per month average is spent on an electrical system to couteol the water. In this deteriorating environment, the Town is being irresponsible in lavishing irrigation water and energy on an rmused piece of land which is an easement for the Santa Clara Cotmty Flood Conhol. In addition, the cost of $3110 for maintenance is an excessive amount for the size of this piece of property. It is no bigger than most of the yards in this district and the monthly cost is almost $260. In talking with neighbors who have then yards maintained by a landscape gardener, they are paying less than half that amount on a monthly basis and are not charged for weeks when weather prohibits mowing or other maintenance. Since the turn onto Hillbrook is such a sharp turn corning from the direction of the park, we would suggest utilizing apiece of this coiner to widening the sheet to reduce the exposure to accidents. The type of landscaping on this piece of property will not have any effect on property values nor people in om• district as it is not used by anyone. We propose that we continue the assessment at the present level of $$0 for one additional year. The money raised should pay for removal of the lawn and for replanting drat area with ! ~~ Hillbrook Drive Los Gatos, CA 95032 11 February, 2010 Town of Los Gatos Town Council Chambers 110 East Main Street Los Gatos, CA 95030 WRITTEN PROTEST STATEMENT Re: Landscape & Lighting Assessment District No. 1 Hillbrook Benefit Zone Rate Increase Proposal, Fiscal Year 2009/10 We wish to object to the increase in assessments. Our opposition is not to the (still trivial) amoral levy, but to the current way in which the Assessment District No. 1 outlays are allocated. Despite our recent rain storms, there have been strong indications that water restrictions are likely tv be required sooner or later tlu~oughout Santa Clara County. Property owners in this District may soon be deciding how to cope with a mandatory reduction in household water use. The "easiest" route for most of us will be lawn removal. In this deteriorating environment, we are being irresponsible in lavishing irrigation water (and energy) on an unused piece of land. 27% of the direct costs for "benefit" area maintenance is comprised of water charges. Presumably most of the remaining cost is for mechanical lawn mowing (under the "Landscape Contractor" heading). People who hun into Hillbrook Drive rarely glimpse the lawn because they are intent on negotiating the sharp and dangerous corner (we would much prefer to contribute money to widening the road to smooth that tum!), so we do not feel that a manicured enhance to our street has any effect on our property values. The better approach would be to transform the appearance of the prof to make it even more inconspicuous. We propose that we continue the assessment at its present $50 level for one additional year. The money raised should pay for the removal of the lawn, and for replanting that area with fire-resistant native plant ground cover species which require no irrigation water. Once these are planted, we assume that oiily uuiumal maintenance would be required on the "private open space" plot after the wild plants have become established, and wish to discuss with the City what fmm that custodianship should take and how it should be funded -perhaps through a r~e ed .lie fv~ Signature of Property Owner ~\ "" I'~ = ` Nurse of Property Owner M tcl,{q-G-~ ~"o-W-y~ A-Ri„/ o -e~~ ~ ~ ~IlillbTOOk Drive Los Gatos, CA 95032 I 1 February, 2010 Town of Los Gatos Town Council Chambers 110 East Main Sheet Los Gatos, CA 95030 WRITTEN PROT);ST STATEMENT Re: Landscape & Lighting Assessment District No. 1 13illbrook Benefit 7_.one Rate Increase Proposal, Fiscal Year 2009/10 We wish to object to the increase in assessments. Our opposition is not to the (still trivial) annual levy, but to the current way in which the Assessment District No. 1 outlays are allocated. Despite our recent rain stotms, there have been strong indications that water restrictions are likely to be requhed sooner or later tluoughout Sauta Clara County. Property owners hi this District may soon be deciding how to cope with a mandatory reduction in household water use. The "easiest" route for most of us will be lawn removal. In this deteriorating environment, we are being hresponsible in lavishing irrigation water (and energy) on an urnised piece of land. 27% of the direct costs for "benefit" area maintenance is comprised of water charges. Presumably most of the remaining cost is for mechanical lawn mowing (under the "Landscape Contractor" heading). People who turn into Hillbrook Drive rarely glunpse the lawn because they are intent on negotiating the shop and dangerous corner (we would much prefer to contribute money to widening the road to smooth that turn!), so we do not feel that a manicured entrance to onr street has any effect on our property values. The better approach world be to transform the appearance of the plot to make it even more inconspicuous. We propose that we continue the assessment at its present $50 level for one additional year. The money raised should pay for the removal of the lawn, and for replanting that area with fire-resistant native plant grqund cover species which require no irrigation water. Once these are planted, we assume tlrat only mhrimal maintenance would be required on the "private open space" plot after the wild plants have become estaUlished, and wish to discuss with the City what form that custodianship should take and how it should be funded -perhaps tluough a re .aced"le'vy,' Signature of Property Owner ~ ~ / ~ ~"~ Name of Property Owner ~~;e.T ~ C~!?~~t..ts ~ -~°~~ Hillbrook Drive Los Gatos, CA 95032 11 February, 2070 Town of Los Gatos Town Council Chambers 110 East Main Street Los Gatos, CA 95030 WRITTEN PROTEST STATEMENT Re: Landscape & Lighting Assessment District No. 1 Hillbrook Benefit Zone Rate Increase Proposal, Fiscal Year 2009/10 wish to object to the increase in assessments. Our opposition is not to the (still trivial) annual levy, but to the current way in which the Assessment District No. 1 outlays are allocated. Despite our recent rain storms, there have been strong indications that water restrictions are likely to be required. sooner or later throughout Santa Clara County. Property owners hi this District may soon be deciding how to cope with a mandatory reduction in household water use. The "easiest" route for most of us will be lawn removal. In this deteriorating environment, we are being irresponsible in Iavishing irrigation water (and energy) on an unused piece of land. 27% of the direct costs for "benefit" area maintenance is comprised of water charges. Presumably most of the remaining cost is for mechanical lawn mowing (under the "Landscape Contractor" heading). People who turn into Hillbrook Drive rarely glimpse the lawn because they axe intent on negotiating the sharp and dangerous corner (we would much prefer to contribute money to widening the road to smooth that tmn!), so we do not feel that a manicured entrance to our street has any effect on our property values. The better approach would be to 1rg.;~F~..•m 4he a^^~^rance Of the ln+ tQ lnslce 1t :Von 1'10r'e tnC01L l~n^nS. l~r..... p~... p it propose that we continue the assessment at its present $50 level for one additional year. The money raised should pay for the removal of the lawn, and for replanting that area with fire-resistant native plant ground cover species which require no irrigation water. Once these are planted, we assume that only minimal maintenance would be required on the "private open space" prof after the wild plants have become established, and wish to discuss with the City what form that custodianship should take and how it should befunded -perhaps through a reduced levy. 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W ONVI~D A N b1Dtl O0'1 U110 W 02NOtlWba FO~oababN ~ ~ aOgF+OaOa O~ O shin f-'Wln ~-'Wi V O•~fD FUId NWi .C~Wf+tl tlN00Nmi aoeotlooonoi 155 Eastridge Drive Los Gatos, CA 95032 February 18,2010 Town of Los Gatos Office of Town-Clerk 110 East Main Street Los Gatos, CA 95030 PROTEST STATEMENT RE: Landscape & Lighting Assessment District #1 Hillbrook Drive Benefit 7,one; Proposed Rate Increase We agree thatwe should continue to be assessed for upkeep of the small open space at the foot of Hillbrook Drive, but not for the space as it is now-an expanse of unused lawn that requires watering and mowing. In this age of water conservation it seems irresponsible for the town to continue to do this. We would support a removal ofthe existing lawn and any water-hungry shrubs, replacing these with drought-tolerant plants. We are aware that such a change might necessitate none-time higher assessment fee, but then the fee could be lowered when the plants are established and no longer require watering. Sin~ce`preiy"~ ~hili~ p G. Ru~ G~%v~ `~ S~IIillbrook Drive Los Gatos, CA 95032 11 February, 2010 Town of Los Gatos Town Council Chambers 1 l0 East Main Street Los Gatos, CA 95030 WRITTEN PROTEST STATEMENT Re: Landscape & Lighting Assessment DistrictNo. 1 Hillbrook Benefit Zone Rate Increase Pmnosal_ Fiscal Year 2009!10 We wish to object to the increase in assessments. Ots opposition is not to the (still trivial) annual levy, but to the current way in which the Assessment District No. 1 outlays ue allocated. Despite our recent rain storms, there have been strong indications that water resticflons are likely to be required sooner or later throughout Santa Clara County. Property owners in this District may soon be deciding how to cope with a mandatory reduction in household water use, The "easiest" route for most of us will be lawn removal. Irt this deteriorating environment, we are being irresponsible in lavishutg irrigation water (and energy) on an unused piece of land. 27% of the direct costs for "benefit' area maintenance is comprised of water charges. Presumably most of the remaining cost is for mechanical lawn mowing {under the "Landscape Contractor" heading). People who turn into Hillbrook Drive rarely glimpse the lawn because they are intent on negotiating the sharp and dangerous corner (we would much prefer to contribute money to widenhig the road to smootlt that turn!), so we do not feel that a manicured entrance to our street has any effect on our property values. The Vetter approach v,~ould be to irauafoia the appearanc.•e of tiie plot to~nrake it evenmore inconspicuous. We propose that we continue the assessment at its present $50 level for one additional year. The money raised shordd pay for the removal of the lawn, and for replanting that area with fire-resistant native plant ground cover species which require no irrigation water. Once these are planted, we assume that only minimal maintenance would be required on the "private open space" plot after the wild plants have become established, and wish to discuss with the City what form that custodianship should take and how it should be funded -perhaps through a reduced levy. Signature of Property Owner ~j'°" ~.t~- ~/"~ Name of Property Owner t 1-f ~ i..~_ t1 f ~~ l' 14 l~ ~ t ~-