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HomeMy WebLinkAboutCity Council Resolution 23-043, LLA Zone 41RESOLUTION NO.23-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2023-2024 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTLLA-1 ANNEXATION OF A NEW ZONE (ZONE 41 — SARATOGA WOODS) WHEREAS, on the 21 st day of September, 2022, said Council adopted its Resolution No. 22-038, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2023-2024" for the City of Saratoga Landscaping and Lighting Assessment District LLA-1, pursuant to the Landscaping and Lighting Act of 1972, and directed the City Assessment Engineer to prepare and file with the Clerk of this City a written report called for under said Act and by said Resolution No. 22-038; and WHEREAS, said report was duly made and filed with the Clerk of said City and included a report on the establishment of a new Zone 41 to be annexed to City of Saratoga Landscaping and Lighting Assessment District LLA-1 (referenced herein as the "Zone 41 Report" or the "Report"), whereupon said Clerk presented it to the City Council for its consideration; and WHEREAS, said Council thereupon duly considered the Report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution No. 22-038, including (1) plans and specification of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; and WHEREAS, said Council found that the Report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, appointed 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 as the time and place for a hearing by this Council to hear protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2023-2024, and directing said Clerk to give notice of said hearing as required by said Act; and WHEREAS, it appears that notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, and that all notices and ballots required by Article XIIID, Section 4(c) and (d) of the California Constitution, were mailed to all property owners of record subject to the assessment at least 45 days prior to the date of the public hearing on the proposed assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and Resolution 23-043 Page 2 WHEREAS, persons interested, objecting to or in favor of, said improvements, including the maintenance or servicing, or both, thereof, or to the extent of Zone 41, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, and all persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; NOW, THEREFORE BE IT RESOLVED, 1. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in the Zone 41 Report and made a part hereof by reference thereto. 2. That Zone 41 of the City of Saratoga Landscaping and Lighting Assessment District LLA-1 and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situate in Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said District and any zone thereof and the general location of said District. 3. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in the Report, be, and they hereby are, finally adopted and approved. 4. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in the Report, be, and it hereby is, finally adopted and approved. 5. That the public interest and convenience require and said Council does hereby order the improvements to be made as described in and in accordance with the Report, reference to which is hereby made for a more particular description of said improvements. 6. That the diagram showing the exterior boundaries of Zone 41 in the Report, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is, finally approved and confirmed. Resolution 23-043 Page 3 7. That the assessment of the total amount of the costs and expenses of said improvements upon the several lots or parcels of land in Zone 41 in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof and of the expenses incidental thereto contained in said report be, and the same hereby is, finally approved and confirmed. That the Report be, and the same hereby is, finally adopted and approved as awhole. 9. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and the date thereof. 10. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order heretofore duly adopted or made by this Council. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 7tn day of June 2023, by the following vote: AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO, MAYOR FITZSIMMONS NOES: NONE ABSENT: NONE ABSTAIN: NONE Kookie Fitzsimmons, Mayor ATTEST: Britt Avrit, MMC, City Clerk