HomeMy WebLinkAboutCity Council Resolution 94-30 RESOLUTION NO. 94 - 30
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA CONCERNING THE DISSOLUTION
OF T~E HILLSIDE TRAFFIC CIRCULATION FUND
AND CAUSING REFUND OF CERTAIN MONIES THEREFROM
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, said Ordinance No. 71-140 repeals the Traffic
Impact Fee collected and set aside for the construction of SW-NE
Road; and
WHEREAS, the City Council has found and determined that the
SW-NE Road will not accomplish the goals intended by the
"Specific Plan for the Northwest Hillsides of The City of
Saratoga", adopted on June 2, 1981 and is no longer necessary or
desirable for the following reasons:
1. Projected traffic volumes for Pierce Road, without the
SW-NE Road, indicate that Pierce Road will continue to operate at
an acceptable level of service.
2. The SW-NE Road will increase traffic volumes along the
residential streets in the Parker Ranch subdivision.
3. Projected traffic volumes, without the SW-NE Road,
indicate that the Pierce Road/Saratoga-Sunnyvale Road
intersection will continue to operate at an acceptable level of
service.
4. Suitable alternative measures exist to enhance
pedestrian and bicycle safety along Pierce Road which the SW-NE
Road would otherwise provide.
5. Emergency response times to the hillside areas will
remain at an acceptable level without the SW-NE Road.
6. Construction of the SW-NE Road could require costly
mitigation of significant environmental impacts.
7. Construction of the SW-NE Road could require costly
mitigation of extensive geological and geotechnical hazards.
8. The SW-NE Road would add significant costs to the
City's road maintenance program.
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9. The SW-NE Road could promote increased development of
the unincorporated hillside areas west of the City; and,
W~EREAS, the funds previously collected for the construction
of SW-NE Road are no longer committed to that purpose; and;
WHEREAS, Government Code S 66000 ~ seq. requires that any
funds left unexpended or uncommitted must be refunded to the then
current record owner or owners; and
WHEREAS, the Cit Council has by resolution amended the
Specific Plan to provide alternative policies and action
programs, consistent with the initiative ordinance adopted at a
special election consolidated with the general election held on
April 8, 19$0, commonly known as Measure "A"~ and
WHEREAS, the City Council desires to refund a portion of the
monies in the Fund in cash and to refund the remainder of the
monies by placement thereof in a fund known as the Hillside
Street Repair Fund, established by resolution adopted by this
Council on June 15, 1994, and the purpose of which is consistent
with the Specific Plan and Measure "A".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Saratoga, as follows:
1. The "Hillside Traffic Circulation Fund" is hereby
dissolved and the monies contained therein shall be refunded in
the following manner:
(a) To the owners of each of those properties within
Tracts 6701, 6781, 7761 and 7770 for which the Traffic Impact Fee
was collected; a cash refund equal to a prorated share of the
balance of the Hillside Traffic Circulation Fund as it exists on
June 30, 1994, less the sum of $2,517.00. The amount of
$2,517.00 for each such property shall be deposited directly into
the Hillside Street Repair Fund.
(b) To the owners of all other properties for which
the Traffic Impact Fee was collected, a cash refund equal to a
prorated share of the balance of the Hillside Traffic Circulation
Fund as it exists on June 30, 1994.
(c) Payment of cash refunds shall only be made upon
claim submitted to the City Finance Director within two (2) years
of the date this resolution is adopted, containing proof
satisfactory to the Finance Director of then current ownership of
the affected property and proof of the Traffic Impact Fee having
been paid subsequent to October 4, 1984 and at the time of
issuance of a building permit for such property.
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· , ·
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 __CL, 1994, by the following vote:
AYES: Councilmembers Anderson, Burger, Koh]er, and Mayor Tucker
NOES: None
ABSENT: C0uncilmember M0nia
ATTEST:
[ity Clerk
Ila= 26, 1991
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