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Home My WebLink AboutCity Council Resolution 99-13 RESOLUTION NO. 99--13- A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1 ANNEXATION NO, 1999-1 FISCAL YEAR 1999-2000 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No. 99-05, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1999-2000," for City of Saratoga Landscaping and Lighting District LLA-1, Annexation No. 1999-1, adopted on January 20,1999, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 99-05, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 1999-2000 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of the construction or installation of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the lots within the territory proposed to be annexed into said assessment district, the exterior boundary of which is the composite and consolidated area as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory proposed to be annexed into said District. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundary of the territory proposed to be annexed into said District, and the proposed assessments upon assessable lots and parcels of land within said territory. 1 Reso. 99-13 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels ofland in said territory in proportion to the estimated benefits to be received by such lots or parcels, respectively, from the construction and installation of said improvements, including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved. 5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 99-05. * * * * Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 3rd day of March, 1999 by the following vote of the members thereof AYES: CcuncillJBTtiers Baker, Streit, Vice r1:Iyor Pogosian, I.1ayor Shaw NOES: !\tire ABSENT: Cooncilrrarber f1t\affey ABSTAIN: ~ ATTEST: ~w....~ () Mayor ~~,JM«u City Clerk 2 / / Exhibit A n~~nnPTInN OF IMPROVF.MFNTS The design, COnstnlaion or installation, including the maintenance or servicing, or both, thereof. of l.In~ping., including treeS, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental strUCtures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaires, poles, suppons, tunnels, manholes. vaults, conduiu, pipes, wires. conduaOIS, guys, stubs, plaúonns, braces, transformers, insulators, contaCtS, switches, capaåtors, meters, communication circuits, appliances, attachments and appurtenances, including the COst of repair, removal or replacement of all or any part thereof; providing for the life, growth, health and beauty of landscaping, induding cultivation. irrigation. trimming. spraying, fenilizing and ueating for disease or injury; the removal of trimmings, rubbish, debris and other solid \\'3St.e; electric current or energy, gas or other illuminating agent for any public lighting faå1ities or for the lighting or operation of any oÙ1er improvements; and the operation of any fountains or the maintenance of any other improvements. ,.... .;::0' MSR:dsp March 28. 1997 ':\WPØ\MNR.SWU73\RES9'7\EXA.LLA.91 ~¡- ... .. -. ~ . L_ ? , / r IC*ANOCiAN ~. ~.ZI- ~ "'~lN-:- · I -' I E ~\.. J - l i L ~...// '~-4 \ I \ . ~ \ ... Á.sA LI.£<i ...y. ~ .i )C a ---Q. .... It ~ ., ~ --- w !i \of J r- IlL ''XVI Z ..:I ~ ~ '----- w - -I .::J '" ~ . 0: ~ - f ,. I - t '--- t I .... -' .c._,",\ . I~ -1 /' _.. /.. - ~, ~ ,- --I n"\t." ~ , .... , Supplement to Exhibit A City of Saratoga Landscaping and Lighting Assessment District LLA-l Annexation No. 1 Benefits provided to Proposed Zone 31 Zone 31 - (Horseshoe Drive Landscape District) - Provides for the installation and maintenance of landscaping and gateway frontage improvements along the north side of Saratoga-Los Gatos Road between the adjacent intersections of Horseshoe Drive. The benefiting properties are those within Tracts 247 and 6722, and all other properties within the Horseshoe Drive neighborhood which are accessed directly or Indirectly via Horseshoe Drive. 02/24/1999 17:19 14087415547 JHH - CONSULTING CE PAGE 02 CITY OF SARATOGA '3777 FRUITVALE AVENUE SARATOGA! CALIFORNIA 95070 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-' ANNEXATION NO.1 (ZONE 31) FISCAL YEAR 1999·2000 NOTICE OF PUBUC HEARING TIME: 7:30P~M. WEDNESDAY, APRIL 21,1999 PLACE: SARATOGA CITY COUNCil CHAMBERS 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA .. . NOTES: 1. THE AMOUNT OF ASSESSMENT CHARGEABLE TO THE ENTIRE DISTRICT IS $60,320. 2. THE FOLLOWING ITEMS ARE ENCLOSED WITH THIS NOTICE: A LETTER FROM THE HORSESHOE DRIVE GATEWAY PROJECT COMMITTEE A COpy OF THE RESOLUTION OF INTENTION (RESOLUTION NO. 99- INFORMATION CONCERNING DURATION OF ASSESSMENTS, REASON FOR ASSESSMENT, BASIS OF ASSESSMENT CALCULATION, AND SUMMARY OF ASSESSMENT BALLOT PROCEDURES ASSESSMENT BALLOT TO BE RETURNED, INDICATING THE PROPOSED ASSESSMENT FOR YOUR PROPERTY 02/24/1999 17:19 14087415547 JHH - CONSULTING OE t-'A\;:¡t. tJ<.f ~,p.tjOD of A.......nt. Assessments may be levied annually at a rate not exceeding that desc~ibed under Rules for Spreading Assessment (Exhibit 1 enclosed herein), unt1l ~) this entire district is dissolved or the within referenced parcel 1.S detached from the district by city council action, or 2) a. proposal ,to increase assessments, beyond those allowed in the RUles Lor Spread~ng Assessment, is approved by vote of the affected property owners. ....OD for A.......Dt This assessment is proposed to be levied to provide the work and improvements described in Exhibit "AU attached to the Resolution of Intention enclosed herein. This work specially benefits the parcels assessed therefor s;ince 1) the work is adjacent to the neighborhood within which said parcels are located, and results in a) helping to identify, distinguish and enhance this neighborhood, including the entrances thereto; b) helping to improve the quality of life in this neighborhood by reducing the potential for graffiti, eliminating dust and litter, providing sound attenuation, eliminating the potential for blight, and providing added security and safety through an added city presence; and 2) in the absence of this assessment district, the work and improvements would not be otherwise accomplished by the city. ..,.f. of A.......nt_ calca1.tioD The amounts of the proposed assessments have been calculated in accordance with the Rules for spreading Assessment (Exhibit 1 enclosed herein). I't.~.:rv of A....Q.~t ..11qt ,roce4ur.. The enclosed ballot should be completed by indicating support for or opposition to the proposed assessment and the proposed Rules for spreading Assessment (copy enclosed), and should be mailed or hand delivered to the address printed thereon, to arrive no later than the close of the public testimony portion {)f the public hearing, Wednesday, April 21, 1999. At the public h~ari.ng, the City shall tabulate the ballots. The city shall not impose any assessment in any zone where the number of ballots received in opposition t.o the proposed assessment exceeds the number of ballots received in support of the proposed assessment, weighing these assessment ballots by the amount of the proposed assesS1I1ent to be imposed upon the identified parcel for which each ballot is submitted. In the absence of a negative vote, thE~ City may impose an assessment that is less than the proposed assessment amount. Any owner of propetty sUbject to an assessment may, prior to the conclusion of the public testimony portion of the public hearing, submit, change or withdraw an assessment ballot with the Clerk. In the event that more than one of the record owners of an identified parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the identified parcel shall be allocated to each ballot submitted in proportion to the respective record ownership interests or, if the ownership inter.ests are not shown on the record, as established to the City's satisfaction by documentation submitted by those record owners. Horseshoe Drive Gateway Project P,O. Box 517 Saratoga. CA 95071 March 5. 1999 Dear Neighbor. After two years cf planning, we finally have the opportunity to formally vote to implement our neighborhood improvement project. Needless to say. we strongly recommend a YES vote on annexation to the Landscape and Lighting District and the property tax assessment for the project construction and maintenance. We are only wee1Œ away from seeing the transformation of what has been a construction stal~jng sUe and a parking area for trucks. equipment and buses. to a nicely landscaped f'ntranceway to our homes, It has always been the committee's primary objectiv(~ 10 promote this project as a quality of living issue. On another dimension. we have heard from realtors who feel strongly that the small Investment we would make will be repaid many-fold in Increased property values. You will be votin~ on dollar levels which are well below the cost ceilings supported by a strong majority of r¡ur homeowners In past infonnal polls. The dollar levels are not- to-exceed figures> If we receive approval of our outstanding grant request to the Rotary Club of S3ratoga, and if all contingency costs are not needed, there would be future credits in our tax statements, Costs of maintenance in future years cannot be raised beyond the 5tated 5% escalation allowance without our agreement. and contingency is provided for in the numbers we are voting on. The dollars to be assessed to homeowners is of course exclusive of additional financial and in-kind services support that has been pledged by private individuals. the City of Saratoga and the San Jose Watpr Company, If this package has been received by a Trustee, please be sure it is acted on. The baUots win bE' publicly counted at a Saratoga City Council meeting on Aprtl 21. We look forward to') n strong neighborhood turnout at this meeting, Please make every effort to attend. \Vr look forward to seeing you there! A.Qain, J.jour vqt~ ¡ ~~xtr.~~lu important. Send in Jlour postcard as soon as possible. We thank you for Y()l~r cooperation. Please call one of us if you have questions. Committee Co-Chairs: Oskar Thurnher 867 - 7036 Elizabeth Saiz/Shapiro 741- 0557 Greg Blackwell 399-4111 02/24/1999 17:19 14087415547 JHH - CONSULTING CE PAGE 05 ~YRIBIT 1 Ru:r·BS J'OR IÞRBADTHG A8SBSSMBIl'l' The amounts to be assessed against the assessable lots or parcels of land to pay the estimated cost of the improvements, including the maintenance and servicing thereof and the costs and expenses incidental thereto, shall be based upon the estimated benefits to be derived by the various lots or parcels of land within the proposed annexation to the assessment district. The assessment for administrative costs shall be spread equally to all of the lots or parcels of land located and benefited in this proposed annexation to the assessment district. The assessment for cost of improvements, including the maintenance and servicing thereof, as described in Resolution No. 99-05, shall be spread equally to all of the lots or parcels of land located and benefited within Zone 31, the proposed annexation to the assessment district. Notwithstanding the above, the assessment levied for Fiscal Year 2000-2001 for each parcel in this Zone 31 shall not exceed $70.00. In sUbsequent years, the maximum assessment for each parcel shall be the amount calculated by multiplying its maximum assessment for the previous year by 1.05. 02/24/1999 17:19 14087415547 JHH - CONSULTING CE PAGEÐb ,nNI= 31 BAllOT CITY OF SARATOGA LANDSCAPING AND LIGHTING D1STRICT LLA-1 ANNEXATION NO, 1 FISCAL YEAR 1999-2000 RECORD OWNER(S) SIGNA TUREIS) EX'STING ASSESSMENT $ 0,00 PROPOSED ASSESSMENT $1,160,00 SUPPORT PROPOSED ASSESSMENT _ OPPOSE PROPOSED ASSESSMENT lONI= 31 BALLOT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA· 1 ANNEXATION NO, 1 FISCAL YEAR 1999-2000 RECORD OWNER(S) SIGNA TURE(S) EXISTING ASSESSMENT $ 0,00 PROPOSED ASSESSMENT $1, 160.00 SUPPORT PROPOSED ASSESSMENT OPPOSE PROPOSED ASSESSMENT ;ln~F 31 BALLOT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1 ANNEXATION NO, 1 FISCAL YEAR 1999-2000 RECORD OWNER IS) SIGNA TURErS) EXISTING ASSESSMENT $ 0.00 PROPOSED ASSESSMENT $1,160.00 SUPPORT PROPOSED ASSESSMENT OPPOSE PROPOSED ASSESSMENT 82/24/1999 17:19 14087415547 ~ '''''þ_'..'-o ' JHH - CONSULTING CE r-'A\;:¡t. \:J{ CITY CLERK CITY OF SARATOGA 13777 FRUITVALE AVENUE SARATOGA,CA 95070 CITY CLERK CITY OF SARATOGA 13777 FRUITVAlE AVENUE SARATOGA,CA 95070 CITY CLERK CITY OF SARA TOGA 13777 FRUITVAlE AVENUE SARATOGA,CA 95070