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HomeMy WebLinkAboutCity Council Resolution 23-029 Resolution of Intent Zone 44 RESOLUTION NO. 23-029 A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 ANNEXATION NO. 4 (ZONE 44) FISCAL YEAR 2023-2024 RESOLVED,by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No. 22-038, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2023-2024", for City of Saratoga Landscaping and Lighting District LLA-1, adopted on September 21, 2022, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 22-038, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined, and ordered, as follows: l. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 2023-2024 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, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA-1," the exterior boundaries of which are the composite and consolidated areas as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 7th day of June, 2023, at the hour of 7:00 p.m. at the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, is hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's report, and tabulate the ballots. Resolution 23-029 Page 2 5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. The Clerk is further directed to post all notices and distribute all ballots required by Article XIIID of the California Constitution and Section 53753 of the Government Code in accordance with the requirements thereof. 6. The Office of the City Engineer be, and hereby is designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070 (except when closed due to emergency orders), by e-mailing jcherbone@saratoga.ca.us, or by calling (408) 868-1241. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19t�' day of April 2023 by the following vote: AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO, MAYOR FITZSIMMONS NOES: NONE ABSENT: NONE ABSTAIN: NONE `�V��-���� l��lY�"l�'vl���1� Kookie Fitzsimmons, Mayor ATTE T: � �_1���"�'�- C. ,LL.:f- � Britt Avrit, MMC, City Clerk Resolution 23-029 Page 3 Exhibit A 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 and 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 including storm water improvements connected to National Pollutant Discharge Elimination System (NPDES) permit requirements and automated license plate readers more particularly described in the City of Saratoga Engineer's Report for fiscal year 2023/2024.