HomeMy WebLinkAboutCity Council Resolution 25-041, LLA Zone 52 Foothill ElementaryRESOLUTION NO. 25-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND
ASSESSMENT FOR FISCAL YEAR 2025-26 CITY OF SARATOGA
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1
ANNEXATION OF A NEW ZONE (ZONE 52 – FOOTHILL ELEMENTARY)
WHEREAS, on the 6th day of November, 2024, said Council adopted its
Resolution No. 24-059, "A Resolution Describing Improvements and Directing Preparation
of Engineer's Report for Fiscal Year 2025-2026" 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. 24-059; 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 52 to be annexed to City of Saratoga
Landscaping and Lighting Assessment District LLA-1 (referenced herein as the “Zone 52
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. 24-059, 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 2nd day of July, 2025 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 2025-2026, 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
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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 and no majority protest exists.
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 52 Report and made a part hereof by
reference thereto.
2. That Zone 52 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 52 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 the Report, be, and it
hereby is, finally approved and confirmed.
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 52 in proportion to the
estimated benefits to be received by such lots or parcels, respectively, from said
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improvements, and the maintenance or servicing, or both, thereof and of the expenses
incidental thereto contained in the Report be, and the same hereby is, finally approved and
confirmed.
8. That the Report 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.
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 the Report, as hereinabove determined and ordered, is intended to and shall
refer and apply to the 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 2nd day of July 2025 by the following vote:
AYES: COUNCIL MEMBERS FITZSIMMONS, WALIA, ZHAO, VICE MAYOR PAGE,
MAYOR AFTAB
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Belal Y. Aftab, Mayor
City of Saratoga
ATTEST:
Britt Avrit, MMC, City Clerk
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