HomeMy WebLinkAboutCity Council Resolution 23-050, LLA 1 RESOLUTION NO.23-050
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 DISTRICT LLA-1
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,
whereupon said Clerk presented it to the City Council for its consideration; and
WHEREAS, said Council thereupon duly considered said 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 said 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 23-050
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 the assessment
district, or any zones therein, 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 said Engineer's Report and made a part hereof by reference
thereto.
2. That 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 said 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 said 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 said Engineer's Report,
reference to which is hereby made for a more particular description of said improvements.
6. That the diagram showing the exterior boundaries of the assessment district referred
to and described in said Resolution No. 22-038, 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.
Resolutio�� 23-050
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 said District 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.
8. That said Engineer's Report for Fiscal Year 2023-2024 be, and the same hereby is,
finally adopted and approved as a whole.
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.
That the order for the levy and collection of assessment for the improvements and the final
adoption and approval of the Engineer's 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 7t�' 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
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Kookie Fitzsimmons, Mayor
ATTEST:
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Rritt avrit, MMC, City Clerk