Agenda packet — Milpitas City Council, June 21, 2022 (part 3 of 4)

2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 10334506

CITY OF MILPITAS
455 E CALAVERAS BLVD
MILPITAS CA 95035-5411

SHIP-TO

CITY OF MILPITAS
455 E CALAVERAS BLVD
MILPITAS CA 95035-5411
We deliver according to the following terms:

Payment Terms : Net 45 days
Ship Via : Electronic Delivery
Terms of Delivery: : FOB DESTINATION
Currency : USD
Quotation
Quotation Number : 225040314
Document Date : 17-MAY-2022
PO Number :

PO Release :

Sales Rep : Chris Robertson
Email : [email protected]
Telephone : +14804096775
In order for Insight to accept Purchase Orders against this contract and honor the prices on this quote, your agency must be registered with OMNIA Partners Public Sector (formerly U.S. Communities).

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Material Material Description Quantity Unit Price Extended Price MAINT-OAS4 AVOLVE ONLINE APPLICATION SUBMISSION PORTAL
MAINTENANCE TIER 4
1 6,927.00 6,927.00
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Coverage Dates: 28-JUN-2022 - 27-JUN-2023
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
MAINT-PDOX4 AVOLVE PROJECTDOX TIER 4 MAINTENANCE 1 22,579.00 22,579.00 -
Coverage Dates: 28-JUN-2022 - 27-JUN-2023
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Product Subtotal 29,506.00
TAX 0.00
Total 29,506.00
Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.

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Chris Robertson
+14804096775
[email protected]
Fax 4807608532
438
Item # C27.

HTTP://WWW.INSIGHT.COM

Page 1 of 2 ends

2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 10334506

CITY OF MILPITAS
455 E CALAVERAS BLVD
MILPITAS CA 95035-5411

SHIP-TO

CITY OF MILPITAS
455 E CALAVERAS BLVD
MILPITAS CA 95035-5411
We deliver according to the following terms:

Payment Terms : Net 45 days
Ship Via : Electronic Delivery
Terms of Delivery: : FOB DESTINATION
Currency : USD
Quotation
Quotation Number : 225040314
Document Date : 17-MAY-2022
PO Number :

PO Release :

Our sales teams would be happy to assist you with your registration. Please contact them for assistance -- the registration process takes less than five minutes.

Sincerely,
Chris Robertson
+14804096775
[email protected]
Fax 4807608532
439
Item # C27.

HTTP://WWW.INSIGHT.COM
Document Date 17-MAY-2022
Quotation Number 225040314

Page 2 of 2 ends

OMNIA Partners (formerly U.S. Communities) IT Products, Services and Solutions Contract No. 4400006644

Insight Public Sector (IPS) is proud to be a contract holder for the OMNIA Partners Technology Products, Services & Solutions Contract.

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This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at the “terms-and-policies” link below.

Effective Oct. 1, 2018, the U.S. government imposed tariffs on technology-related goods. Technology manufacturers are evaluating the impact on their cost and are providing us with frequent cost updates. For this reason, quote and ecommerce product pricing is subject to change as costs are updated. If you have any questions regarding the impact of the tariff on your pricing, please reach out to your sales team.

SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings (“Software and Cloud Offerings”), each offering will be subject to the applicable supplier's end user license and use terms ("Supplier Terms") made available by the supplier or which can be found at the “terms-and-policies” link below. By ordering, paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs. https://www.insight.com/terms-and-policies
440
Item # C27.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve the Donation and Fee Waiver/Reduction City Council Policy (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408- 586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/21/2022
Recommendation: Approve the Donation and Fee Waiver/Reduction City Council Policy

BACKGROUND:

On March 15, 2022, under Announcements, Councilmember Chua, with the consent of the Council, requested that staff bring forward an amendment to the City Council Donation and Fee Waiver/Reduction Policy (Policy). Specifically, Councilmember Chua requested that non-profit organizations with an address outside of the City of Milpitas be eligible to receive a donation or fee waiver for an event as long as the event is held within City limits and benefits primarily residents of the City of Milpitas.

ANALYSIS:

Attached, please find the amended City Council Donation and Fee Waiver/Reduction Policy for Council consideration. With this amended Policy, the requirement that organizations have to have an address within the City of Milpitas to be eligible for a donation and/or fee waiver/reduction has been removed.

Please note that the Policy is presented with the updated policy format and procedures. The responsibilities for the application process, eligibility determination and processing of donation and/or fee waiver/reduction requests have been centralized with the Recreation and Community Services Department. Previously, the responsibilities for the application process and processing of the request resided with the City Clerk’s Office and the eligibility determination was handled by the Recreation and Community Services Department. Further, the updated Policy includes an appeal process to the City Manager, if the Recreation and Community Services Director (Director) determines that an applicant does not qualify for a donation or a fee waiver/reduction. A request for appeal must be made, in writing, and delivered to the City Manager’s Office within seven (7) days of the applicant’s receipt of the determination of ineligibility from the Director. The request for appeal must state, in writing, the basis for the appeal and must contain all written documentation supporting each basis for appeal. The City Manager shall issue a decision, in writing, without hearing based on the documents presented.

FISCAL IMPACT:

There is no fiscal impact with the approval of this policy because the City Council limits the funds for donations and fee waivers/reductions through the annual budget process. As part of the approval of the Fiscal Year 2022-23 Adopted Budget, the Council allocated $25,000 for this purpose.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

RECOMMENDATION:

Approve the Donation and Fee Waiver/Reduction City Council Policy.

Attachment(s):

1. Donation and Fee Waiver/Reduction City Council Policy 441
Item # C28.

CITY OF MILPITAS
Revision Date
Original 04/16/2013
6/21/2022

CITY COUNCIL POLICY

Page 1 of 2 ends

1. PURPOSE

1.1. The City recognizes the value of partnership with other agencies and organizations in providing services that benefit the community and its residents.

1.2. The City may provide a donation or grant a reduction and/or waiver of fees to intergovernmental agencies or non-profit organizations that provide Milpitas community benefit.

2. POLICY

2.1. The City shall have the sole authority and the City Council shall have the final authority to approve Donations and Fee Waiver/Reduction requests.

2.2. The City Council shall evaluate donation and fee waiver/reduction requests at a scheduled City Council meeting.

2.3. Any requests for donation or fee waiver/reduction must be submitted in writing using the provided application form by the Recreation and Community Services Department.

2.4. In order for an organization to be eligible for a donation or fee waiver / reduction, the following criteria have to be met:

2.4.1. The applying organization must be:

2.4.1.1 A non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency;

2.4.1.2 Non-discriminatory, and non-political in nature;

2.4.2. Events must provide a community benefit within the City of Milpitas proper.

2.5. If the event requested for fee waiver is a fundraiser, the organization must demonstrate that at least 60% of fund raised will be of general benefit to the Milpitas community.

2.6. If the request for donation or fee waiver/reduction is for a community event, the event must be advertised, open to the public and no entrance fee shall be charged for the event.

2.7. Fee waivers/reductions only apply to services provided by the City during its regular course of business. Such fees may include rental fees for the City’s facilities or equipment, building permit fees or fire permit fees. Any deposits and/or City staff overtime costs required due to the event cannot be waived.

2.8. The City Council may grant donation or fee waiver/reduction to each organization once annually, regardless of how many branches or affiliations it may have.

Policy No:

Click or tap here to enter
text.

DONATION AND FEE WAIVER/

REDUCTION POLICY
Effective Date:
6/21/2022
Revision No:
1 Policy Administrator:

Recreation and Community Services

Next Review Due:

As needed
Related Policies and
Procedures:

Click or tap here to enter
text.

Approved by:

Click or tap here to enter text.

Council meeting date, agenda item #, and
vote

Date Approved:
6/21/2022
442
Item # C28.

CITY OF MILPITAS
Revision Date
Original 04/21/2006

CITY COUNCIL DONATION AND FEE WAIVER/REDUCTION POLICY / POLICY #

Page 2 of 2 ends

2.9. The fee waiver/reduction amount is subject to $1,500 maximum per fiscal year and the donation amount is subject to $500 maximum annually for each organization. A fee waiver/reduction request cannot be combined with a donation request.

2.10. To the extent possible, the City’s contribution should be recognized in the event fliers and/or advertising with the following statement, “This event made possible, in part, by the City of Milpitas.”

2.11. Within 60 days after completion of the event in which a donation was received or a fee waiver/reduction was granted by the City, the organization will provide a written report to the Director of Recreation and Community Services to include at minimum: number of participants, copies of all publicity of the event, any benefit to the community, amount of funds raised and an accounting of how the proceeds of the event will be dispersed.

2.12. Failure to abide by the rules and procedures as set forth in this document will result in the organization being denied for funding and/or fee waiver/reduction in the future.

3. PROCEDURE

3.1. The Recreation and Community Services Department shall maintain an application for Donation and Fee Waiver/Reduction Requests.

3.2. Upon receipt of an application, the Recreation and Community Services Department shall determine eligibility for a Donation and/or Fee Waiver/Reduction consistent with this Policy and inform the applicant of its determination in writing.

3.3. If eligibility is determined, the Director of Recreation and Community Services shall bring requests for donation or fee waiver/reductions to Council for approval at any regular or special meeting.

3.4. If ineligibility is determined, the applicant can appeal the Director of Recreation and Community Services’ determination to the City Manager. A request for appeal must be made, in writing, and delivered to the City Manager’s Office within seven (7) days of the applicant’s receipt of the determination of ineligibility. The request for appeal must state, in writing, the basis for the appeal and must contain all written documentation supporting each basis for appeal. The City Manager shall issue a decision, in writing, without hearing based on the documents presented.

3.5. Donation and Fee Waiver Budget

3.5.1. With each budget cycle, the City Council will establish an annual budget amount for donations or fee waivers/ reductions for unspecified community events. Except for extraordinary circumstances, donations and or fee waivers/reductions will not be granted once the budgeted amount has been allocated.

443
Item # C28.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2022-23 (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Category: Public Hearings-Community Development
Meeting Date: 6/21/2022
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and adopt a resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2022-23.

Background:

Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon (LLMD 98-1) provides for the maintenance and improvement of public landscaping, irrigation systems, and pedestrian walking path adjacent to Sinclair Frontage Road, and Los Coches Creek abutting the Sinclair Horizon residential subdivision in the areas as shown on the attached location map attached.

Analysis:

On May 17, 2022, the City Council adopted Resolution No.9148 approving the Annual Engineer’s Report and adopted Resolution No.9149 declaring its intention to levy and collect assessment for Fiscal Year 2022-23 for the Landscaping and Lighting Maintenance Assessment District No. 98-1.

An annual public hearing is necessary to adopt a resolution confirming the assessment and ordering the levy for the Landscape and Lighting Maintenance Assessment District 98-1 for Fiscal Year 2022-23 (Attachment 1), the Annual Engineer’s Report (Attachment 2) to provide funds for the district. The total assessment for fiscal year 2022-23 is $493 per lot, with an assessment rate not exceeding the maximum rate per square foot.

The FY 2022-23 rate is approximately (-0.44%) lower than the previous year FY 2021-22 rate of $533.31.

Policy Alternatives:

Alternative 1:

Not approve resolution confirming the assessment and ordering the levy for LLMD 98-1.

Pros: None

Cons: The Landscaping and Lighting Act of 1972 requires the legislative body to adopt a resolution confirming the diagram and assessment, not adopting a resolution of confirmation would jeopardize the City’s ability to collect assessments for the maintenance and upkeep of LLMD 98-1.

Reason not recommended: To allow for the continued maintenance of LLMD 98-1, staff recommends approving the resolution confirming the assessment and ordering the levy for fiscal year 2022-23.

Fiscal Impact:

The levy and collection of assessments provides a funding resource for the City to improve and maintain public landscaping, irrigation systems, pedestrian lighting, gateway columns and entry signs within LLMD 98-1 Sinclair Horizon.
444
Item # 29.

California Environmental Quality Act:

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

Recommendation:

1. Open the public hearing, receive any comments, and move to close the hearing following any testimony.

2. Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2022-23.

Attachments:

1. Resolution

2. Annual Engineer’s Report

3. Location Map

445
Item # 29.

RESOLUTION NO. 9149

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS, CONFIRMING THE

ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 FOR FISCAL YEAR 2022-23

WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the Landscaping and L ighting Maintenance Assessment District (the “Assessment District”); and

WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of an Annual Report; and

WHEREAS, the City Council has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and

WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and

WHEREAS, at the time and place specified in the Resolution of Intention the City Council conducted such hearing and considered all objections to the assessment.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the City Clerk.

2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2022, and ending June 30, 2023.

3. Ordering of the Levy: The City Council hereby orders NBS to prepare and submit the levy of assessments to Santa Clara County for placement on the Fiscal Year 2022-23 secured property tax roll.

PASSED AND ADOPTED this _____ day of ___________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________ ________________________
Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

___________________________
Michael Mutaliplassi, City Attorney
446
Item # 29.

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Fiscal Year 2022/23 Annual Report For:

Landscaping and Lighting Maintenance
Assessment District No. 98-1
April 2022

447
Item # 29.

CITY OF MILPITAS
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 455 East Calaveras Boulevard
Milpitas, California 95035
(408) 586-3000

CITY COUNCIL
Rich Tran, Mayor
Carmen Montano, Vice-Mayor
Evelyn Chua, Council Member
Karina R. Dominguez, Council Member
Anthony Phan, Council Member

CITY STAFF
Steve Erickson, PE, Engineering Director/City Engineer
Lauren Lai, Finance Director
Tony Ndah, Public Works Director

NBS
Tim Seufert, Client Services Director
Adina McCargo, Project Manager

448
Item # 29.

TABLE OF CONTENTS

1. Engineer’s Letter ............................................................................................................. 1

2. Plans and Specifications .................................................................................................. 3

2.1 Location of Improvements ........................................................................................ 3

2.2 Landscaping Improvements ...................................................................................... 3

2.3 Capital Improvements ............................................................................................... 4

2.4 Overhead ................................................................................................................... 4

3. Estimate of Costs ............................................................................................................ 5

3.1 District Budget ........................................................................................................... 5

4. Special and General Benefit ............................................................................................ 7

4.1 Introduction ............................................................................................................... 7

4.2 Special Benefits Identified ......................................................................................... 7

4.3 General Benefits Identified ....................................................................................... 8

4.4 Quantification of Benefit ........................................................................................... 8

5. Method of Assessment ................................................................................................. 13

5.1 Method of Assessment Spread ............................................................................... 13

5.2 Maximum Assessment Rates .................................................................................. 14

5.3 Appeals .................................................................................................................... 14

6. Assessment Diagram ..................................................................................................... 15

7. Assessment Roll ............................................................................................................ 16

449
Item # 29.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 1

1. ENGINEER’S LETTER
WHEREAS, in 1998 the City Council of the City of Milpitas (the “City”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), created the City of Milpitas Landscaping and Lighting Maintenance Assessment District No. 98-1 (the “District”) to provide for the continued maintenance, operation, and administration of various improvements within the boundaries of the District; and WHEREAS, the City Council has directed NBS to prepare and file a report for Fiscal Year 2022/23 in accordance with Chapter 1, Article 4 of the Act presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained; an estimate of the costs to maintain, operate, and service the improvements for the District for the referenced fiscal year; a diagram for the District showing the area and properties to be assessed; and an assessment of the estimated costs to maintain and service the improvements, stating the net amount to be assessed upon all assessable lots or parcels within the District in proportion to the special benefit received.

NOW THEREFORE, the following assessments have been calculated in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation, and are made to cover the portion of the estimated costs of maintenance, operation, and servicing of the improvements, to be paid by the assessable real property within the District in proportion to the special benefit received:

District Parcels
2022/23
Maximum Assessment
Rate per Lot(1)
2022/23
Actual Assessment
Rate per Lot
2022/23
Net Amount to be
Assessed(2)(3)
LLMAD 98-1 98 $533.31 $493.03 $48,317.00
(1) The April 1, 2022 CPI was not available at the time of writing of this report. The Fiscal Year 2022/23 CPI increase was estimated using the February 2022/23 CPI.
(2) Amounts placed on the tax roll include the 1% Santa Clara County Collection Fee. (3) This amount is only an estimate and does not reflect the final billed amount with rounding adjustments. Refer to Section 7 for the rounded figure.

I identified all parcels which will have a special benefit conferred upon them from the improvements described in District’s Plans and Specifications section of this Engineer’s Report (the “Benefited Parcels”).

For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy is on file in the office of the City Clerk.

I have assessed the costs and expenses of the improvements upon the Benefited Parcels. In making such assessment:
a. The proportionate special benefit derived by each Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed.

450
Item # 29.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 2
I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information and belief, the Engineer’s Report, Assessments, and the Assessment Diagrams herein have been prepared and computed in accordance with the order of the City Council of the City of Milpitas, the Act, and Article XIIID.

Steven Erickson, PE
Engineering Director/City Engineer
451
Item # 29.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 3

2. PLANS AND SPECIFICATIONS
The District provides for the continued administration, maintenance, operation, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District.

2.1 Location of Improvements
The District is located in the City of Milpitas, bounded on the east by Sinclair Frontage Road, on the west by Berryessa Creek, and on the north by Los Coches Street. The improvements maintained include public landscaping and irrigation improvements, including jogging paths, planter walls, grass berms, and ornamental planting, which are primarily situated within the public rights-of-way and dedicated public by easements within the District.

2.2 Landscaping Improvements
The landscaping and irrigation improvements were installed within the District in order to enhance the overall visual appearance for adjacent parcels. The improvements consist of the maintenance and operation of any or all public landscaping and irrigation improvements adjacent to curbs, including asphalt concrete jogging paths, planter walls, grass berms, and appurtenant irrigation systems; ornamental planting including lawns, shrubs, and trees, including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal and all other items of work necessary and incidental for proper maintenance and operation thereof. The landscaping and irrigation improvements are collectively referred to as “landscaping improvements.” All such work will be performed in the following areas:

2.2.1 BERRYESSA CREEK
Due to the widening of the creek, improvements in Berryessa Creek were removed. Any improvements maintained in this reach (asphalt concrete jogging path, exercise equipment, planting, and irrigation) will no longer be maintained or improved.

2.2.2 LOS COCHES CREEK

1. A strip of land 812 feet long, 14 feet in width along the south bank of Los Coches Creek adjacent to Tract 9018. The improvements include an asphalt concrete jogging path, exercise equipment, planting, and irrigation.

2. A strip of land 5.5 feet wide within the Los Coches Street right-of-way between the back of sidewalk and the right-of-way along the south side of Los Coches Street between Berryessa Creek and Sinclair Frontage Rd. The improvements include planting and irrigation.

452
Item # 29.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 4

2.3 Capital Improvements
In Fiscal Year 2021/22, the City initiated the design and construction of landscape and irrigation renovation along portions of Los Coches Street and Sinclair Frontage Road. Design and construction is anticipated to continue through Fiscal Year 2022/23. Capital Improvements are scheduled to be complete by June 30, 2027.

2.4 Overhead
In addition to the hard costs of maintaining the improvements mentioned above, the City will incur costs for staff time and expenses related to the management and maintenance of the improvements within the District. Staff time includes oversight and coordination of both City and contractor provided services, annual tax roll preparation, and addressing property owner questions and concerns. These activities are directly related to the maintenance of the improvements, and without them the improvements could not be efficiently completed or properly maintained on an ongoing basis.

453
Item # 29.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 5

3. ESTIMATE OF COSTS
The estimated costs of maintenance and servicing of the improvements as described in the Plans and Specifications are summarized below.

3.1 District Budget
The Fiscal Year 2022/23 estimated cost budget for the maintenance and servicing of the improvements is as follows:

Description Fiscal Year 2022/23 Budget
Maintenance Staff(1) $30,000
Capital Equipment 0
Supplies 1,800
Utilities (Water, Electricity) 19,000
Reserve Fund 2,683
Capital Improvement Program 11,000
Maintenance Costs $64,483

NBS $3,450
City Staff District Administration 400
County Auditor-Controller Fee(2) 490
District Specific Costs $4,340

Total District Costs $68,823
General Benefit Contribution(3) (20,506)
Operating Reserve Contribution 0
Capital Improvement Fund Contribution 0
Net Amount to be Assessed $48,317

Total District Lots 98
Rate per Lot(4) $493.03
Maximum Rate Per Lot – 2022/23(5) $533.31
(1) The City’s Department of Public Works is the provider of Maintenance Services. (2) County Auditor-Controller Fee is currently 1% of the total levy submittal. (3) General Benefit Contribution is not applied to District Specific Costs as these are special benefits to the District. (4) The Rate per lot equals the Net Amount to be Assessed / Total District Lots. The Rate cannot exceed the maximum rate. (5) The April 1, 20 22 CPI was not available at the time of writing of this report. The Fiscal Year 20 22/23 CPI increase was estimated by using the February 2022/23 CPI.

454
Item # 29.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 6

3.1.1 OPERATING RESERVE
It is the intent of the City to maintain an operating reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments from the County, whichever is later. The operating reserve balance information for the District is as follows:

Estimated Fiscal Year Ending 6/30/2022 Operating Reserve Cash Balance $22,317 Operating Reserve Collection for Fiscal Year 2022/23 2,683 Estimated Fiscal Year Ending 6/30/2023 Operating Reserve Cash Balance $25,000

3.1.2 CAPITAL IMPROVEMENT BUDGET
In Fiscal Year 2021/22, the City initiated the design and construction of landscape and irrigation renovation along portions of Los Coches Street and Sinclair Frontage Road. As of December 31, 2021, the balance available for the Capital Improvement Project was $165,000. The City will utilize these funds, along with an annual collection of $11,000 via the District from Fiscal Year 2022/23 to Fiscal Year 2026/27, to finance the project.

Capital Improvements are scheduled to be complete by June 30, 2027.

455
Item # 29.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 7

4. SPECIAL AND GENERAL BENEFIT
The improvements defined in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits are described in this section. Figures in this section are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2014/15.

4.1 Introduction
Pursuant to Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the installation, implementation and maintenance of the improvements, services and activities shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the installation, implementation and maintenance of the improvements, services and activities.

Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Proposition 218 requires that the City separate the general benefit from special benefit, so that only special benefit may be assessed to properties within the District. Furthermore, Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment.

4.2 Special Benefits Identified
The improvements described in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits conferred to property within the District can be grouped into two primary benefit categories: aesthetic benefit and safety benefit. The two district benefit categories are further expanded upon below.
• Improved Aesthetics: The aesthetic benefit relates to the increase in the overall aesthetics as a result of the ongoing maintenance, servicing and operation of the improvements within the District. Street landscaping improvements improve the livability, commercial activity, appearance and desirability for properties within the District. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties adjacent to or in close proximity to the improvements. The overall appeal of the District is enhanced when improvements are in place and kept in a healthy and satisfactory condition. Conversely, appeal decreases when improvements are not well-maintained, unsafe, or destroyed by the elements or vandalism. Streetscapes have a significant effect on how people view and interact with their community1. With streetscapes that are safe and inviting, people are more likely to walk, which can help reduce automobile traffic, improve public health, stimulate local economic activity and attract residents and visitors to the community2. • Increased Safety: Well maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. A recent study found that after landscape improvements were installed, there

1 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities. Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
2 Ibid.
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Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 8
was a 46% decrease in crash rates across urban arterial and highway sites and a second study reviewed found a 5% to 20% reduction in mid-block crashes after trees and planters in urban arterial roads were put in place. In addition, there is less graffiti, vandalism, and littering in outdoor spaces with natural landscapes than in comparable plant-less spaces3. The Victoria Transport Policy Institute has found that streetscapes reduce traffic speeds and when combined with improved pedestrian crossing conditions can significantly reduce collisions4.

4.3 General Benefits Identified
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.

General benefit is an overall and similar benefit to the public at large resulting from the maintenance of the District’s improvements provided by the assessments levied. The improvements to be maintained by the District are located within the District boundaries only. There will be no District maintenance activities provided for improvements located outside of the District boundaries.

The ongoing maintenance of the District improvements will provide aesthetic and safety benefits to the property within the District. However, it is recognized that the ongoing District maintenance activities will also provide a level of benefit to some property within proximity to the District, as well as individuals passing through. Therefore, the general benefit created as a result of the District maintenance activities has been considered.

4.4 Quantification of Benefit
As a result of the maintenance and operation of the improvements, there will be a level of general benefit to people that do not live in or intend to conduct business within the District. In order for property within the District to be assessed only for that portion of special benefits received from the district’s maintenance activities, general benefits provided by the ongoing maintenance of the improvements needs to be quantified. The amount of general benefit that is provided from the District’s maintenance activities cannot be funded via property owners’ assessments.

The landscaping improvements are primarily located along Los Coches Street and Sinclair Frontage Road and within the subdivision along Los Coches Creek and Berryessa Creek. A portion of the maintained landscaping provides some general benefit to pass-thru traffic. Per the City, there is 52,912 square feet of landscaping being maintained.

Los Coches Creek and Berryessa Creek
As result of the District maintenance activities, there will be a level of general benefit to pedestrians and vehicular traffic that are not associated with property in the District. As expressed by the Court in Beutz v.

County of Riverside (2010), “... courts of this state have long recognized that virtually all public improvement

3 Wolf, Kathleen L. (2010). Safe Streets – A Literature Review. In: Green Cities: Good Health (www.greenhealth.washington.edu). College of the Environment, University of Washington.
4 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities. Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
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Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 9
projects provide general benefits." A route beginning or ending with a parcel within the District does not include the “general public” for purposes of determining general benefit. The landscaping improvements along the south side of Los Coches Creek and Berryessa Creek are local in nature, however even though they are intended primarily for localized access, there is some portion of pedestrian traffic that may not be accessing the adjacent properties. The landscaping improvements are located adjacent to the backyard of homes, and access is only available by walking or bicycling. There is no vehicular access to these improvements.

The Summary of Travel Trends, 2009 National Household Travel Survey (NHTS) prepared by the U.S.

Department of Transportation Federal Highway Administration analyzed the number of person trips by various modes of transportations such as private vehicle, transit, walking or some other means of transportation. According to the Pacific Division data extracted from the 2009 NHTS database, of the annual 181,703 (in millions) total person trips, 21,252 (in millions) or 11.70% of those person trips were made by using walking as their mode of transportation, and 2,066 (in millions) or 1.14% of those person trips were made by bicycling5.

According to the U.S. Census Bureau (2010), the average household size in the City is 3.34 persons6. Based on this average household size, and considering there are 98 residential units within the District, there are approximately 327 people residing within the District boundaries. There are an estimated 163 residential units in close proximity, but outside of the District boundaries. Based on the City’s average household size, there are approximately 544 persons residing outside of the District boundaries, but have access to the landscaping improvements.

Community
Estimated Number
of Residential Units
Estimated
Number of Persons(1)
District 98 327
Sundrop Subdivision 83 277
Sinclair Renaissance Subdivision 80 267
Total Residential Population 261 871
(1) U.S. Census Bureau (2010) average household size in the City is 3.34 persons.7

In order to determine the estimated total number of persons who are within close proximity to the landscaping improvements, and would utilize walking or bicycling as their mode of transportation, we applied the 12.84% (11.70% walking, 1.14% bicycling) of person trips reported from the NHTS Pacific Division study, to the total nearby residential population (871). There are approximately 112 people within close proximity of the District that utilize walking or bicycling as their mode of transportation.

In order to determine the portion of the 112 persons that reside within the District, we applied the 2009 NHTS walking trip percentage (12.84%) to the District population (327). Approximately 42 people within the District boundaries use walking or bicycling as their primary mode of transportation. Therefore, the total

5 U.S Department of Transportation. Federal Highway Administration. (2011). Summary of Travel Trends: 2009 National Household Travel Survey. (Report No. FHWA-PL-11-022). Retrieved from http://nhts.ornl.gov 6 U.S. Census Bureau. (2010). Profile of General Population and Housing Characteristics: 2010, 2010 Demographic Profile Data. Milpitas, C.A. Retrieved March 23, 2015, http://quickf acts.census.gov/qf d/states/06/0647766.html 7 Ibid.
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Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 10
surrounding neighborhood area population, located outside of the District boundaries, but in close proximity the landscaping improvements, that uses walking or bicycling as their primary mode of transportation is estimated to be 70 people.

Community
Estimated Number of
Persons
District 42
Sundrop Subdivision 36
Sinclair Renaissance Subdivision 34
Walking or Bicycling Population 112

In order to obtain a better picture of the overall level of general benefit provided by the landscaping improvements, the pedestrian traffic that utilizes walking or bicycling as the mode of transportation that will seek out and use the District improvements, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the reported walking (21,252 in millions) and bicycling (2,066 in millions) trips; based on the property types people entering the District would most likely do so for social or recreational activities.

The following details the number of walking and bicycling trips, based on the 2009 NHTS study, for each of the activities that are the most likely reasons people outside of the District would use the landscaping improvements:

Trip Purpose
Number of Walking or
Bicycling Trips (in millions)
Social/Recreational 6,442
Total 6,442
Of the total number of walking and bicycling trips reported, 6,442 (in millions) or 27.63% are for purposes that persons outside of the District may use the landscaping improvements. Applying this percentage (27.63%) to the number of people walking or bicycling as their mode of transportation and that reside outside of the District (70), there are approximately 19 people (general benefit) that may use the landscaping improvements, but do not reside within the District. Taking the 19 people that may walk or bicycle, but reside outside of the District, divided by total residential population with access to the landscaping improvements (871), the estimated percentage of persons, engaging in what is considered general benefit because they do not reside within the District, represents 2.21%.

Los Coches Street and Sinclair Frontage Road
The City does not have a study showing traffic volume along Los Coches Street and Sinclair Frontage Road along the District boundaries. The portion of the maintained landscaping that is located along Los Coches Street and Sinclair Frontage Road provides some general benefit to pass-through traffic. Before the determination and allocation of the percentage of special and general benefit for the District can be made, the estimated pass-through traffic must be computed. The pass-through trips are vehicles driving along the maintained streets within the District for a portion of their trips, but not living or conducting business in the District and benefiting from the landscaping improvements in place. 459
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City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 11
The Sundrop and Sinclair Renaissance residential communities are located directly across the street and next to the District, and vehicles entering and/or exiting these communities in all likelihood are passing by a portion of the landscaping improvements for a portion of their trip. In lieu of having a study that identifies the pass-through traffic, the estimated number of trips generated for each community has been calculated based on the number of units and average number of trips per dwelling unit.

Community
Number of
Residential Units(1)
Estimated Number of
Daily Vehicle Trips(2)
% of Total Daily
Vehicle Trips(3)
District 98 933.0 44.34%
Sundrop Subdivision 83 790.2 37.56%
Sinclair Renaissance Subdivision 80 380.8 18.10%
Total 261 2,104.0 100.00%
(1) Number of Residential Units is from the City’s Approved Projects map.8 (2) Per the ITE Trip Generation Report a single family residence generates an average of 9.52 trips per dwelling unit.9 (3) Number of daily trips has been reduced by 50% to account for vehicles entering and exiting the community from the opposite direction on Sinclair Frontage Road, and not driving along the portion of Los Coches Street and Sinclair Frontage Road with landscaping improvements maintained by the District.

As detailed above, based on the average number of daily vehicle trips generated for the communities in close proximity to the District, 1,171 (55.66%) are generated by residential units located outside of the District (general benefit).

All Locations and Landscaping Improvements – Residential Pass-thru Benefit The general benefit percentages determined in the previous sections for Los Coches Creek and Berryessa Creek (2.21%) and Los Coches Street and Sinclair Frontage Road (55.66%) were then applied to each corresponding location with landscaping improvements. The landscaping square footage being maintained by the District was provided by the City’s Public Works Department. The general benefit percentage for each street type was multiplied by the total square footage being maintained for such street. The general benefit square footage was summed for all street segments and divided into the total square footage of all landscaping maintenance. The result is the combined general benefit percentage. The following table details this calculation.

Street Name
Total Square
Footage
General Benefit
Percentage
General Benefit Square
Footage
Los Coches Creek 4,572 2.21% 101
Berryessa Creek 21,025 2.21% 465
Los Coches Street 24,747 55.66% 13,773
Sinclair Frontage 2,568 55.66% 1,429
Totals: 52,912 15,768
Landscaping General Benefit 29.80%

Based on the above calculations, the general benefit portion of the improved aesthetics and increased safety resulting from the landscaping improvements is estimated to be 29.80%.

8 City of Milpitas. (2013). Approved Development Projects. Retrieved from http://www.ci.milpitas.ca.gov/government/planning/proj_approved.asp 9 Trip Generation, 9th Edition: An Informational Report of the Institute of Transportation Engineers. (2012). Washington, DC: Institute of Transportation Engineers. 460
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Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 12
Public at Large General Benefit
Given the location and nature of the improvements, it is very unlikely the public at large would seek out or use the landscaping improvements within the District. In addition, there are more direct routes to access the industrial complexes/businesses located to the south of the District than the 2 lane Los Coches Street and Sinclair Frontage Road. Nevertheless, it is perceivable that members of the public at large may pass- thru a portion of the landscaping improvements, even if it’s lost or leisure traffic. As such, general benefit of 2.00% has been assigned for the landscaping improvements to the public at large

4.4.1 COLLECTIVE DISTRICT-WIDE GENERAL BENEFIT
Since the District is comprised of improved aesthetics and increased safety benefits resulting from the collective landscaping improvements, the activity of both pedestrians and vehicles, and the public at large must be addressed in a collective form rather than independently. The sum of the calculated general benefits is the total general benefit related to all pass-thru traffic. This general benefit result is provided in the table below:

Residential Pass-thru General Benefit 29.80%
Public at Large General Benefit 2.00%
Total General Benefit 31.80%
The general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, is 31.80%. The special benefit then, which is the percentage of the budget that may be funded by assessments, is 68.20%.

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City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 13

5. METHOD OF ASSESSMENT

5.1 Method of Assessment Spread
All parcels in the District on which residential dwellings will be constructed specially benefit from the improvements to an equivalent extent. These parcels are therefore assessed on a per lot basis for the maintenance and operation of the District, including incidentals and appurtenances, and will include all the costs of maintenance and/or operating the improvements. As outlined in Section 4, the total amount of general benefit from the improvements is determined to be 31.80%.

The preliminary maximum assessment rate for Fiscal Year 2022/23 is $533.31. The actual assessment rate levied on each taxable parcel for Fiscal Year 2022/23 is $493.03.

Each year the maximum assessment rate shall be increased by the percentage change from April 1st of the prior year to April 1st of the current year by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and U.S. City Average, San Francisco-Oakland-Hayward. The April 1, 2022 CPI was not available at the time of writing of this report. For purposes of this report, the CPI increase was estimated by using the February 2022/23 CPI.

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Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 14

5.2 Maximum Assessment Rates
The following table provides the historical maximum assessment rates for Fiscal Year 2000/01 through the current fiscal year:

Fiscal Year CPI Percentage Increase(1) Maximum Rate
2000/01 178.7 N/A $292.803
2001/02 189.1 5.82% 309.844
2002/03 193.0 2.06% 316.234
2003/04 197.3 2.23% 323.280
2004/05 198.3 0.51% 324.918
2005/06 202.5 2.12% 331.800
2006/07 208.9 3.16% 342.286
2007/08 215.842 3.32% 353.661
2008/09 222.074 2.89% 363.872
2009/10 223.854 0.80% 366.789
2010/11 227.697 1.72% 373.086
2011/12 234.121 2.82% 383.611
2012/13 238.985 2.08% 391.581
2013/14 244.675 2.38% 400.904
2014/15 251.495 2.79% 412.079
2015/16 257.622 2.44% 422.118
2016/17 264.565 2.70% 433.494
2017/18 274.589 3.79% 449.919
2018/19 283.422 3.22% 464.392
2019/20 294.801 4.01% 483.037
2020/21 298.074 1.11% 488.400
2021/22 309.419 3.81% 506.988
2022/23 320.195 5.19%(2) 533.318
(1) Percentage increase from April 1 of the prior year to April 1 of the current year in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index, Pacific Cities and US City Average, San Francisco-Oakland-Hayward. (2) The April 1, 2022 CPI was not available at the time of writing of this report. The Fiscal Year 2022/23 CPI increase was estimated using the February 2022/23 CPI.

5.3 Appeals
Any property owner who feels that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread, may file an appeal with the Finance Director of the City. Any such appeal is limited to correction of an assessment during the current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Finance Director shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, he/she shall have the authority to make the appropriate changes in the assessment roll. If any such changes are provided after the assessment roll has been filed with the County for collection, the Finance Director is authorized to refund to the property owner the amount of any approved reduction.
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City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 15

6. ASSESSMENT DIAGRAM

The following page provides a copy of the assessment diagram of the District. 464
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City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 16

7. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel within the District, shall be based on the Santa Clara County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.

A listing of assessor’s parcels assessed within the District for Fiscal Year 2022/23, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Santa Clara County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

466
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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2022/23
APN Assessment ID Situs Address Fiscal Year 2022/23 Levy 086-48-001 1 872 CAMERON CIR $493.02
086-48-002 2 868 CAMERON CIR 493.02
086-48-003 3 864 CAMERON CIR 493.02
086-48-004 4 860 CAMERON CIR 493.02
086-48-005 5 856 CAMERON CIR 493.02
086-48-006 6 852 CAMERON CIR 493.02
086-48-007 7 848 CAMERON CIR 493.02
086-48-008 8 844 CAMERON CIR 493.02
086-48-009 9 840 CAMERON CIR 493.02
086-48-010 10 836 CAMERON CIR 493.02
086-48-011 11 832 CAMERON CIR 493.02
086-48-012 12 828 CAMERON CIR 493.02
086-48-013 13 824 CAMERON CIR 493.02
086-48-014 14 820 CAMERON CIR 493.02
086-48-015 15 816 CAMERON CIR 493.02
086-48-016 16 812 CAMERON CIR 493.02
086-48-017 17 808 CAMERON CIR 493.02
086-48-018 18 804 CAMERON CIR 493.02
086-48-019 19 800 CAMERON CIR 493.02
086-48-020 20 1004 CAMERON PL 493.02
086-48-021 21 1000 CAMERON PL 493.02
086-48-022 22 996 CAMERON PL 493.02
086-48-023 23 992 CAMERON CIR 493.02
086-48-024 24 988 CAMERON CIR 493.02
086-48-025 25 984 CAMERON CIR 493.02
086-48-026 26 980 CAMERON CIR 493.02
086-48-027 27 976 CAMERON CIR 493.02
086-48-028 28 972 CAMERON CIR 493.02
086-48-029 29 968 CAMERON CIR 493.02
086-48-030 30 964 CAMERON CIR 493.02
086-48-031 31 960 CAMERON CIR 493.02
086-48-032 32 956 CAMERON CIR 493.02
086-48-033 33 952 CAMERON CIR 493.02
086-48-034 34 948 CAMERON CIR 493.02
086-48-035 35 944 CAMERON CIR 493.02
086-48-036 36 940 CAMERON CIR 493.02
086-48-037 37 936 CAMERON CIR 493.02
086-48-038 38 932 CAMERON CIR 493.02
086-48-039 39 928 CAMERON CIR 493.02
086-48-040 40 924 CAMERON CIR 493.02
086-48-041 41 920 CAMERON CIR 493.02
086-48-042 42 916 CAMERON CIR 493.02
Slight variances may occur due to rounding
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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2022/23
APN Assessment ID Situs Address Fiscal Year 2022/23 Levy 086-48-043 43 912 CAMERON CIR 493.02
086-48-044 44 908 CAMERON CIR 493.02
086-48-045 45 904 CAMERON CIR 493.02
086-48-046 46 900 CAMERON CIR 493.02
086-48-047 47 896 CAMERON CIR 493.02
086-48-048 48 892 CAMERON CIR 493.02
086-48-049 49 888 CAMERON CIR 493.02
086-48-050 50 884 CAMERON CIR 493.02
086-48-051 51 880 CAMERON CIR 493.02
086-48-052 52 876 CAMERON CIR 493.02
086-48-053 53 899 CAMERON CIR 493.02
086-48-054 54 903 CAMERON CIR 493.02
086-48-055 55 907 CAMERON CIR 493.02
086-48-056 56 911 CAMERON CIR 493.02
086-48-057 57 915 CAMERON CIR 493.02
086-48-058 58 211 CAMERON CT 493.02
086-48-059 59 203 CAMERON CT 493.02
086-48-060 60 195 CAMERON CT 493.02
086-48-061 61 200 CAMERON CT 493.02
086-48-062 62 208 CAMERON CT 493.02
086-48-063 63 216 CAMERON CT 493.02
086-48-064 64 207 WHITE CT 493.02
086-48-065 65 199 WHITE CT 493.02
086-48-066 66 191 WHITE CT 493.02
086-48-067 67 183 ALLEN CT 493.02
086-48-068 68 175 ALLEN CT 493.02
086-48-069 69 180 ALLEN CT 493.02
086-48-070 70 188 ALLEN CT 493.02
086-48-071 71 196 WHITE CT 493.02
086-48-072 72 204 WHITE CT 493.02
086-48-073 73 212 WHITE CT 493.02
086-48-074 74 203 KING CT 493.02
086-48-075 75 195 KING CT 493.02
086-48-076 76 187 KING CT 493.02
086-48-077 77 179 BRANDT CT 493.02
086-48-078 78 171 BRANDT CT 493.02
086-48-079 79 176 BRANDT CT 493.02
086-48-080 80 184 BRANDT CT 493.02
086-48-081 81 192 KING CT 493.02
086-48-082 82 200 KING CT 493.02
086-48-083 83 208 KING CT 493.02
086-48-084 84 199 DOUGLAS CT 493.02
Slight variances may occur due to rounding
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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2022/23
APN Assessment ID Situs Address Fiscal Year 2022/23 Levy 086-48-085 85 191 DOUGLAS CT 493.02
086-48-086 86 183 DOUGLAS CT 493.02
086-48-087 87 175 HOBBS CT 493.02
086-48-088 88 167 HOBBS CT 493.02
086-48-089 89 174 HOBBS CT 493.02
086-48-090 90 182 HOBBS CT 493.02
086-48-091 91 190 DOUGLAS CT 493.02
086-48-092 92 198 DOUGLAS CT 493.02
086-48-093 93 206 DOUGLAS CT 493.02
086-48-094 94 991 CAMERON CIR 493.02
086-48-095 95 995 CAMERON CIR 493.02
086-48-096 96 811 CAMERON CIR 493.02
086-48-097 97 815 CAMERON CIR 493.02
086-48-098 98 831 CAMERON CIR 493.02
$48,315.9698 Accounts
$48,315.9698 Total Accounts
Slight variances may occur due to rounding
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HILLVIEW

CAMERON
ST

PL (PVT)
DR
I - 680
LOS COCHES ST.

SINCLAIR FRONTAGE RD.

BERRYESSA CREEK
LANDSCAPING MAINTENANCE DISTRICT (LMD) 98-1

CITY OF MILPITAS
(N.T.S.)
2022-202
3 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE
470
Item # 29.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2022-23 (Staff Contact Steve Erickson, Engineering Director, 408-586-3301) Category: Public Hearings-Community Development
Meeting Date: 6/21/2022
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2022-23.

Background:

Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch (LLMD 95-1) provides for the maintenance and improvement of public landscaping, irrigation systems, pedestrian lighting, gateway columns and entry signs along portions of North McCarthy Boulevard and the Ranch Drive gateway between State Route 237 and Dixon Landing Road in the areas as shown on the attached location map attached.

Analysis:

On May 17, 2022, the City Council adopted Resolution No.9150 approving the Annual Engineer’s Report and adopted Resolution No.9151 declaring its intention to levy and collect assessment for Fiscal Year 2022-23 for the Landscaping and Lighting Maintenance Assessment District No. 95-1.

An annual public hearing is necessary to adopt a resolution confirming the assessment and ordering the levy for the Landscape and Lighting Maintenance Assessment District 95-1 for Fiscal Year 2022-23 (Attachment 1), and the Annual Engineer’s Report (Attachment 2) to provide funds for the district. The total assessment for fiscal year 2022-23 is $0.0349 per lot square foot, with an assessment rate not exceeding the maximum rate per square foot. The FY 2022-23 rate is approximately 4.49% higher than the previous year FY 2021-22 rate of $0.03330.

Policy Alternatives:

Alternative 1:

Not approve resolution confirming the assessment and ordering the levy for LLMD 95-1.

Pros: None

Reason not recommended: To allow for the continued maintenance of LLMD 95-1, staff recommends approving the resolution confirming the assessment and ordering the levy for fiscal year 2022-23.

471
Item # 30.

Fiscal Impact:

California Environmental Quality Act:

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

Recommendation:

1. Open the public hearing, receive any comments, and move to close the hearing following any testimony.

2. Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2022-23.

Attachments:
a) Resolution
b) Annual Engineer’s Report
c) Location Map

472
Item # 30.

RESOLUTION NO. 9151

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS CONFIRMING THE

ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 FOR FISCAL YEAR 2022-23

WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of an Annual Report; and

WHEREAS, the City Council has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and

WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and

WHEREAS, at the time and place specified in the Resolution of Intention the City Council conducted such hearing and considered all objections to the assessment.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the City Clerk.

2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this R esolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

3. Ordering of the Levy: The City Council hereby orders NBS to prepare and submit the levy of assessments to Santa Clara County for placement on the Fiscal Year 2022-23 secured property tax roll.

PASSED AND ADOPTED this _____ day of ____________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________ ________________________
Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

___________________________
Michael Mutaliplassi, City Attorney
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Item # 30.

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Fiscal Year 2022/23 Annual Report For:

Landscaping and Lighting Maintenance
Assessment District No. 95-1
April 2022

474
Item # 30.

CITY OF MILPITAS
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 455 East Calaveras Boulevard
Milpitas, California 95035
Phone (408) 586-3000

CITY COUNCIL
Rich Tran, Mayor
Carmen Montano, Vice-Mayor
Evelyn Chua, Council Member
Karina R. Dominguez, Council Member
Anthony Phan, Council Member

CITY STAFF
Steve Erickson, PE, Engineering Director/City Engineer
Lauren Lai, Finance Director
Tony Ndah, Public Works Director

NBS
Tim Seufert, Client Services Director
Adina McCargo, Project Manager

475
Item # 30.