RESOLUTION NO. 22-9083
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA OF INTENTION TO ORDER THAT THE
ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT
ASSESSMENT BE MADE APPLICABLE TO CITY OF SANTA
CLARA CONVENTION CENTER COMPLEX MAINTENANCE
DISTRICT NO. 183, PROVIDING FOR NOTICE OF HEARING
THEREON, APPROVING THE DISTRIBUTION OF THE
DIRECTOR'S REPORT, AND PROVIDING FOR NOTICE OF
HEARING ON DIRECTOR'S REPORT FOR FISCAL YEAR 2022-
23 BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, pursuant to Chapter 16.10 of "The Code of the City of Santa Clara, California" ("City Code"), the City Council of the City of Santa Clara, California ("Council") adopted Resolution No. 5081 on June 3, 1986, creating "City of Santa Clara Convention Center Complex Maintenance District No. 183" ("District") in the City of Santa Clara, California ("City").
Resolution No. 5081 also ordered that the costs and expenses of maintaining and operating the on-site public improvements ("Public Improvements") on the property within the District, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision and any and all other items necessary for the proper maintenance and operation of the Public Improvements be raised by the levy of an annual special benefit assessment apportioned according to special benefits conferred among the parcels of property within the District in accordance with a formula set forth in Resolution No. 5081, and in accordance with and pursuant to the provisions for the alternative method for the levy of benefit assessments in maintenance districts in the City as provided in the City Code; WHEREAS, the Council adopted Ordinance No. 1401 on April 8, 1980, which provided for an alternative method for annually fixing and levying a special benefit assessment within maintenance districts located in the City for said purpose; II
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Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Rev: 11 /22/17
WHEREAS, in the opinion of this Council, the annual costs of maintenance and operation of the Public Improvements shall be appropriately financed pursuant to the provisions of Ordinance No. 1401 and Resolution No. 5081 and related provisions of the City Code; WHEREAS, pursuant to the provisions of Resolution No. 5081, the City's Director of Public Works has made and filed with the City Clerk a written report ("Director's Report") setting forth the budget, the formula for the annual assessment levy, a description of each lot or parcel of property to be assessed and the amount of the assessment to be levied against each lot or parcel of property in accordance with said formula for Fiscal Year 2022-23. The costs of operation, maintenance, and servicing of improvements to be funded by the District are apportioned to each parcel in proportion to the special benefit it receives; WHEREAS, City Staff met with the affected property owners on April 6, 2022 to discuss the Director's Report;
WHEREAS, Articles XIIIC and XIIID of the California Constitution (Proposition 218) requires majority approval of the property owners within the District for any increase in the rate used to calculate the assessment or changes in the methodology by which the assessment is calculated, if that change increases the amount of the assessment imposed on any person or parcel;
WHEREAS, the Director's Report, Ballot, and public hearing notice are to be sent out at least 45 days in advance of the public hearing to all property owners, and any tenants within the District who are responsible for paying each assessment;
WHEREAS, in the event of an assessment that is greater than any previous assessment, a majority weighted vote of the Ballots (weighting determined by an amount of assessment paid), must be received in order to approve any proposed increase in assessment; WHEREAS, for Fiscal Year 2022-23, the assessments are increasing and therefore, Proposition 218 requirements do apply; and,
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Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Rev: 11/22/17
WHEREAS, the Council has duly considered the Director's Report and finds that it is sufficient and does not require modification.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the recitals set forth above are true and correct and by this reference, the Council makes them a part hereof.
2. That the public interest and convenience require and this Council hereby orders that the costs and expenses of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating the Public Improvements now existing or hereafter to be constructed in and for the District which benefit the District as a whole, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and of all additions, improvements and enlargements thereto which may hereafter be made, be raised by an annual special benefit assessment in accordance with and pursuant to the provisions for the alternative method for the levy of benefit assessments in maintenance districts in the City, as provided in Section 16.10.490 and Section 16.10.500 of the City Code, on all lots or parcels of property within the District.
3. That the costs and expenses of maintaining and operating the Public Improvements within the District shall annually be assessed, either partly or wholly, upon the benefited lots and parcels of property within the District by apportioning the costs and expenses according to benefits in proportion to the special benefits received by each lot or parcel of property within the District in accordance with the formula set forth in EXHIBIT "B" of Resolution No. 5081.
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Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Rev: 11 /22/17
4. That the City Manager or designee caused a budget to be prepared for the costs of the expenses of maintaining and operating the Public Improvements during fiscal year 2022-23 and the Director of Public Works prepared and filed a Director's Report with the City Clerk which provides the basis for the levy of benefit assessments for the cost of maintenance and operation on all lots or parcels of property within the District.
5. NOTICE IS HEREBY GIVEN that on Tuesday, June 7, 2022, at 7:00 p.m., at its regular meeting place in the Council Chambers at City Hall, 1500 Warburton Avenue, Santa Clara, California, the Council will hold a public hearing during which it will hear any and all evidence and protests relating to said alternative method for the levy of benefit assessments and said formula for the District, and if the assessment is greater than any previous assessment, certify any ballots received and determine any weighted vote necessary, examine said Director's Report and hear all persons interested therein. Any interested property owner, who objects to the alternative method for the levy of benefit assessments, the formula, or to the amount of the assessment on any lot or parcel of property owned by him/her, may file a signed written protest with the City Clerk before the commencement of the Council meeting during which the public hearing will be held, describing the lot or parcel of property owned by him/her so that it may be identified and stating the grounds of his/her protest. The property owner may appear at the hearing and be heard with regard to his/her protest.
6. The City Clerk is hereby authorized and directed to a) post a copy of notice of hearing on or near the Council Chamber door or any bulletin board in or adjacent to the City Hall and b) publish a copy of notice of hearing at least once in a newspaper of general circulation, pursuant to City Code Section 16.10.490(p).
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Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Rev: 11/22/17
7. The Director of Public Works is hereby authorized and directed to give notice of said hearing by mailing a copy of this Resolution of Intention and Director's Report, postage prepaid to record owners of any lot or parcel of property subject to a benefit assessment to pay said costs of maintenance and operation, as determined by the last assessment roll. This Resolution will be available for public inspection in the City Clerk's office; and said mailing shall be done at least forty-five (45) days, and posting and publication shall be completed not less than ten (10) days, prior to the date fixed (June 7, 2022) for the hearing.
8. Effective date. This resolution shall become effective immediately .
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA , AT A AND A REGULAR MEETING THEREOF HELD ON THE 19TH DAY OF APRIL, 2022, BY THE FOLLOWING VOTE:
AYES : COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS :
Attachments incorporated by reference :
1. Director's Report
Becker, Chahal, Hardy, Jain, and Park,
and Mayor Gillmor
None
Watanabe
None
ATTEST: ~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Rev: 11 /22/17
7 DIRECTOR'S REPORT
CITY OF SANTA CLARA
SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
FISCAL YEAR 2022-2023
4/19/2022
COUNCIL APPROVED: (proposed June 7, 2022)
Director of Public Works/City Engineer
SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023
DIRECTOR'S REPORT
The Director of Public Works/City Engineer of the City of Santa Clara, California, pursuant to the provisions of Section 16.10.490 of the Code of the City of Santa Clara, hereby makes this rep01i and the following special benefit assessment to cover the costs and expenses of maintaining and operating the improvements within Santa Clara Convention Center Complex Maintenance District No. 183 of said City, including the costs and expenses incidental thereto, to be paid by said Maintenance District.
The amount to be paid therefore by said Maintenance District for the Fiscal Year 2022-23 is as follows:
Maintenance and Operations
Pe1manent Parking Controls
Reserve for Dynamic Parking Controls
Exceptional Improvements
Funds Advanced by and to be Repaid to City
TOTAL COST
Less Amount of Surplus From Prior Years:
Convention Center
Hyatt Corporation - A Delaware Limited Liability Corporation Hudson Techmaii Commerce Center L.L.C
Amount of Reserves:
Amount of Contribution:
BALANCE OF ASSESSMENT
As Finally Confirmed
$1,608,119
$15,000
$255,000
$0
$0
$1,878,119
$0
$0
$0
$0
$0
$1,878,119
And I do thereby assess and app01iion the amount of said costs and expenses, including the costs and expenses incidental thereto, upon the several lots or parcels of property liable therefore and specially benefited thereby, in proportion to the benefits to be received by each lot or parcel of prope1iy, from the maintenance and operation thereof and more particularly set forth in the list hereto attached and by reference made a part hereof.
Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the assessor's maps of the County of Santa Clara for Effective Roll Year 2022-2023 to the right of the parcel numbers and include all of such parcel.
I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting prope1iies located within the District receives a special benefit over and above the benefits conferred to the public at large and that the amount of the assessment is prop01iional to the benefits specially received or enjoyed by each parcel or prope1iy within the District.
Date: ------------------::,,.....,---.....,,.,,,,......,,.--:-:---=::-,----,,--------- Director of Public Works
City of Santa Clara
2 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023
DIRECTOR'S REPORT
TABLE 1. BUDGET
Category Estimated Description Of Category Cost
Maintenance and $1,608,119 Labor, materials, supplies and equipment to maintain Operation and operate Maintenance District No. 183 including, but not limited to water, sewer, electrical and other
utility costs, sweeping of parking lots, maintenance of pavement and sidewalks, pavement striping, signs,
fountains, landscaping, storm drains, lighting, space
frames, parking structure, bridges, other common
improvements, City supervision and management of
maintenance district, insurance, contingencies, and
incidental expenses.
Permanent Parking $15,000 Labor, materials, supplies and equipment to maintain Controls and operate fixed directional signs, electronic signs, automatic vehicle counting devices, cashiering
stations, ticket printer, dispensers, card readers, cashier booths, including regularly scheduled parking
attendants and guards.
Dynamic Parking $255,000 Labor, materials, supplies and equipment to maintain Controls and operate movable baniers and barrier placement, special parking attendants and guards, implementation
of adjustable gates, special directional signs, and
implementation of electronic signs.
Exceptional $0 Special improvement project benefiting special parcel.
Improvements
Funds Advanced by $0 For deficits which occurred in prior years and to be Repaid to
City
TOTAL COST $1,878,119
Less Amount of Surplus From Prior Years:
City of Santa Clara $0
Hyatt Regency Hotel Santa Clara $0
Hudson Techmart Commerce Center L.L.C $0
Amount of Reserves: $0
Amount of Contribution: $0
BALANCE OF ASSESSMENT $1,878,119
3 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023
DIRECTOR'S REPORT
TABLE 2. PROPERTY OWNERS TO BE ASSESSED
Assessor's As
Name & Address of Owner Parcel Preliminarily
Number Approved
City of Santa Clara 104-55-017 $842,700
1500 Warburton Avenue
Santa Clara, CA 95050
Santa Clara Convention Center (Convention
Center)
Hyatt Corporation as agent of IA Lodging Santa 104-55-005 $399,353 Clara TRS, L.L.C dba Hyatt Regency Santa Clara 104-55-012 Eron Hodges - General Manager
5101 Great America Parkway
Santa Clara, CA 95054
(Hotel)
Hudson Techmmi Commerce Center L.L.C 104-55-013 $636,066 Rebecca Agbuya, Portfolio Manager
2055 Gateway Place, Suite 200
San Jose, CA 9 5110
(Techmmi)
TOTAL $1,878,119
Also Send Copy of Director's Report To:
Hyatt Regency Santa Clara
Eron Hodges - General Manager
5101 Great America Parkway
Santa Clara, CA 95054
Hudson Techmart Commerce Center L.L.C
Rebecca Agbuya, Portfolio Manager
2055 Gateway Place, Suite 200
San Jose, CA 95110
4 As Finally
Confirmed
$842,700
$399,353
$636,066
$1,878,119
SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023
DIRECTOR'S REPORT
TABLE 3. BUDGET/ASSESSMENT COMPARISON
Budget for Fiscal Year 2021-2022 Budget for Fiscal Year 2022-2023 Reduced by Reduced by
Total Proportion Net Assessment Total Proportion Net Assessment Assessment From Prior Assessment From Prior Year's Surplus Year's Surplus
City of Santa Clara $771,349 $0 $771,349 $842,700 $0 $842,700 (Convention Center)
Hyatt Regency Hotel $358,060 $0 $358,060 $399,353 $0 $399,353 Santa Clara
Hudson Techmart Commerce $568,710 $0 $568,710 $636,066 $0 $636,066 Center L.L. C
TOTAL $1,698,119 $0 $1,698,119 $1,878,119 $0 $1,878,119 5 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023
DIRECTOR'S REPORT
TABLE 4. FORMULA FOR ASSESSMENT LEVY
Category Estimated City of Santa Clara Hyatt Regency
Expenditure (Conv. Center) Hotel Santa Clara
39.64% 22.94%
I. Maintenance and Operations $1,608,119 $637,458 $368,903
30.04% 22.12%
II. Permanent Parking Controls $15,000 $4,506 $3,318
78.72% 10.64%
III. Dynamic Parking Controls $255,000 $200,736 $27,132 IV. Exceptional Improvements $0 $0 $0
V. Funds Advanced by/to be Repaid to City $0 $0 $0
VI. Surplus Funds from Prior Year $0 $0 $0
TOTAL ASSESSMENT $1,878,119 $842,700 $399,353
!:\MD # 183 Convention Center\Assessments\2022April\MD# 183 Director's Report 22-23Apr.doc 6 Hudson Techmart
Commerce Center
37.42%
$601,758
47.84%
$7,176
10.64%
$27,132
$0
$0
$0
$636,066