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DATE:
TO:
FROM:
MEETING DATE: 4/15/13
ITEM NO:
COUNCIL, AGENDA REPORT
APRIL 1, 2013
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER zzl ..
SUBJECT: LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2
ADOPT RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING
PREPARATION OF TOWN ENGINEER'S REPORT FOR FISCAL YEAR
2013/14.
RECOMMENDATION:
Adopt a Resolution (Attachment 1) describing improvements and directing preparation of Town
Engineer's Report for Fiscal Year 2013/14.
BACKGROUND:
In the early 1990's, the Town formed two assessment districts under the Landscaping and
Lighting Act of 1972 (Streets & Highways Code Section 22500, et. Seq.). The Districts are
comprised of six distinct 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 (Attachment 2.) The
purpose of the Districts is to provide for the ongoing maintenance and care of landscaped areas
that benefit the properties within each of the zones. The Landscaping and Lighting Assessment
Districts provide special benefits to the property owners within the Districts that would not
otherwise be provided by the Town. These services are provided by a contractor retained
directly by, and managed by, the Town on behalf of the property owners.
DISCUSSION:
As outlined in the assessment district guidelines and per the enabling Act, the Town must
annually renew 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: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: �) Assistant Town Manager Town Attorney Finance u... A
N~ \PPW\ MANAGEMENT \COUNCIL \COUNCIL REPORTS\2013 Reports\ 041513 \LLD.adopt,Reso.041513,doc M�
PAGE 2
APRIL 1, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2
DISCUSSION (cont'd):
Attached is a Resolution the Town Council must adopt to initiate the annual process of renewing
the Landscaping and Lighting Assessment Districts for the upcoming fiscal year that will begin
on July 1. At the Town Council Meeting of May 6, 2013, staff will present the Town Engineer's
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 Town 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
improvements (services) proposed to be provided by the Districts (Exhibit A), and directs the
preparation of the Town 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 Public Hearing for each Zone that 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 following sets forth the tentative schedule for renewing the Districts for FY 2013/14:
April 15 Council adopts Resolution directing preparation of Town Engineer's Report
May 6 Council receives Town 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).
June 4 Notice of Public (Protest) Hearing published in Los Gatos Weekly.
June 11 Notice of Public (Protest) Hearing published in Los Gatos Weekly.
PAGE 3
APRIL 1, 2013
MAYOR AND TOWN COUNCIL
SUBJECT: LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2
DISCUSSION(cont'd):
June 17 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 2013/14.
August 2 Deadline for Town Clerk to transmit Assessment Roll to County Auditor.
CONCLUSION:
The Landscaping and 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 and Lighting Assessment Districts is not a project under CEQA and
therefore, no further action is required.
FISCAL IMPACT:
All costs associated with administering the Landscaping & 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 2013/14 will be provided in the
Town Engineer's Report.
Attachments:
1. Resolution describing improvements and directing preparation of Town Engineer's Report
for Fiscal Year 2013/14 (including Exhibit A - "Description of Improvements ".)
2. Maps of Benefit Zones for Landscape and Lighting Districts 1 & 2 (seven snaps are labeled
as Attachments 2.1 through 2.7)
Tuis IMAGE
INTENTIONALLY
DEFT BLANK
Attachment 1
RESOLUTION 13-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DESCRIBING IMPROVEMENTS AND
DIRECTING PREPARATION OF TOWN ENGINEER'S REPORT
FOR FISCAL YEAR 2013/14
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
2013/14.
3. 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.
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 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.
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
ATTACHMENT 1
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 snap 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.
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 15th day of April, 2013 by the following vote:
COUNCIL MEMBERS:
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 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, 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 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, 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.
Attaclunent 2,1
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Attaclunent 2.2
PART "D"
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Attachment 23
PART "D11
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PART "D"
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Attachment 2,7
PART °Dn
Assessment Diagram
BLOSSOM HILL -:
Gemini Court Benefit Zone
Landscaping & Lighting Assessment District No. 1
Tfus PAGE
INTENTIONALLY
LEFT BLANK