HomeMy WebLinkAboutCity Council Resolution 94-29 RESOLUTION NO. 94- 29
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA CONCERNING THE ESTABLISHING
OF A HILLSIDE STREET REPAIR FUND FOR THE FUTURE
REPAIR OF HILLSIDE STREETS IN THE
HR ZONING DISTRICT
WHEREAS, on June 15, 1994, the City Council of the City of
Saratoga adopted Ordinance No. 71-140 , entitled "An Ordinance of
the City of Saratoga Repealing Article 9-65; And Establishing a
Hillside Street Repair Fee to Finance Future Street Repair in the
HR Zoning District"; and
WHEREAS, Ordinance No. 71-~40 was based upon certain
findings and determinations made by the City Council at the time
said Ordinance was introduced, including the following:
A. Conditions have changed in the Northwest Hillsides
since the adoption of the Specific Plan and more particularly,
the construction of the SW-NE Road will not accomplish the goals
intended by the Specific Plan and is no longer necessary or
desirable;
B. Measure A recognized that the maintenance of streets
and storm drains of new development in the Northwest Hillsides
posed financial risks for the City, because of steep slopes,
potential landsliding and other geotechnical hazards, and
provided that some form of special assessment districts be formed
within new subdivisions to contribute toward the maintenance of
the streets and to fully fund storm drains required by said
developments.
C. The Specific Plan policies and action programs reflect
the intent of Measure A as described above.
D. Pursuant to policies and action programs set forth in
the Specific Plan, the City Council desires to establish a
mechanism for collecting and setting aside funds to help reduce
the financial risks to the City for extraordinary (beyond
ordinary and repair and maintenance of street and
storm drain created by new hillside development.
E. The financial ability of the City to maintain and cause
extraordinary repair of new streets and storm drains in the
hillsides will directly benefit future residents in the HR
District. The occupants of each new dwelling unit will derive
the same benefit from the City's ability to repair and maintain
the hillside streets and storm drains and it is therefore
equitable to allocate the cost of the future extraordinary repair
1
on an equal basis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Saratoga as follows:
1. Incorporation of Ordinance Findings. Each of the
findings and determinations set forth in Ordinance No. 71-140is
hereby ratified, confirmed and incorporated herein by reference.
2. Purpose of Fee. The Hillside Street Repair Fee was
established and i~osed to fund repair costs represented by the
potential risk of failure of new roads constructed in the HR
District.
3. Establishment of Fund. The Hillside Street Repair Fund
is established to receive all monies collected from the Hillside
Street Repair Fee. Monies from said fund shall be disbursed
exclusively for the payment of City's share of costs of future
repair of new hillside public streets which exceeds the City's
ordinary and maintenance and repair obligations;
provided, however this fund shall not be used to pay for damage
resulting from an event for which a presidential declaration of a
state of emergency or major disaster for an area which
encompasses the City of Saratoga has been issued.
· ,
The above and foregoing resolution was passed and adopted at a
regular meeting of the City Council of the City of Saratoga held
on the 15th day of ..... .June , 1994, by the following vote:
AYES: Councilmembers Anderson, Burger, Kohl er, and Mayor Tucker
NOES: None
ABSENT: Counci]member Monia
MagorY"
ATTEST:
Clerk
May 26, 1994
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