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Home My WebLink AboutCity Council Resolution 99-22 RESOLUTION NO. 99- 22 A RESOLUTION ORDERING THE IMPROVEMENTS AND CÓNFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 1999-2000 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-l ANNEXATION NO. 1999-1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 20th day of January, 1999, said Councìl adopted its Resolutìon No. 99-05, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1999-200011 for the City of Saratoga Landscaping and Lighting Assessment District LLA-l (Annexation No.1), pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the Clerk of this City a written report called for under said Act and by said Resolution No. 99-05; 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; 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. 99-05, including (1) plans and specification of the proposed new improvements; (2) estimate of costs; (3) diagram. of the territory proposed to be annexed into said District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; 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 2111 day of April, 1999, at the hour of7:30 p,rn. of said day in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for the installation of said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1999-2000, and directing said Clerk to give notice of said hearing as required by said A...t· 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 the notice and ballot 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, 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 WHEREAS, persons interested, objecting to, or in favor of, the installation of said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the territory proposed to be annexed into said assessment district, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, submitted ballots with the Clerk of said City at or before the conclusion of said hearing, 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 the installation of said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; and WHEREAS, at the conclusion of the public hearing, the City Clerk did tabulate all returned ballots; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the tabulation of ballots returned to the City Clerk indicates that protests against the installation of said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the territory proposed to be annexed into said assessment district, or to the propo sed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 1999-2000, do not represent a majority protest pursuant to Streets and Highways Section 22630.5 or Article XIIID, Section 4(e). 2. 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 installation of said 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. 3. That the properties within the territory to be annexed into the City of Saratoga Landscaping and Lighting Assessment District LLA-l benefiting from and to be assessed for said costs for the installation of said 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 to be annexed into said District and the general location of said territory. 2 4. That the plans and specifications for the proposed improvements to be made within the territory to be annexed into said assessment district contained in said report, be, and they hereby are, finally adopted and approved. 5. That the Engineer's estimate of the itemized and total costs and expenses of the installation of said improvements, including the maintenance or servicing, or both, thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it hereby is, fmally adopted and approved. 6. 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. 7. That the diagram showing the exterior boundaries of the territory to be annexed into said assessment district, referred to and described in said Resolution No. 98-05, and also the lines and dimensions of each lot or parcel ofland within said territory, as such lot or parcel ofland is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel ofland has been given a separate number upon said diagram, as contained in said report, be, and it hereby is, finally approved and confirmed. 8. That the assessment of the total amount of the costs and expenses of said 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, trom the installation of 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. 9. That said Engineer's Report for Fiscal Year 1999-2000 be, and the same hereby is, finally adopted and approved as a whole. 10, 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 11. 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 herein 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. It It * * * * 3 Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the ?1 ~t day of Apri 1 , 1999, by the following vote: A)1ES: Councilmembers Baker, Streit, Mehaffey, Vice Mayor Bogosian, Mayor Shaw NOES: None ABSENT: None ABSTAIN: None ATTEST: \(. _ 00 /. ' .Á/1M ~ C MAYOR (:::~ C /, tl.44t:A (-=> , ~' CITY CLERK 4 ! ~-- .... :¡þ'" I I I' - , i! ì'" l I 1· ~,/. \"" '~~ , \, ~ I \ \ I ) ¡ ~/ >-' ~o(SA L ,r:-~.. .Y .1 ~ - ¥ ~ ~ w - o ~ ---- W ..J' _ _ It L -3' r' ~.II~ lH~ & ~ t - '.m " I z ...:I I ¥ ~ -- I ~- w r - - ~ ~ ,I f ;¡ f ,i¡ -, 4t. J r: - -~~'. F' ftw -yY¡ I CITY OF SARATOGA LANDSCAPE AND LIGHTING DISTRICT LLA-1 ANNEXATION NO.1 (ZONE NO. 31) ENGINEER'S REPORT on the Levy of an Assessment for the 1999-2000 Fiscal Year March 1999 LARRY I. PERLIN, CITY ENGINEER ENGINEER OF WORK ,~.,_.,~.,~.,~.,~.,_.,_.'~.'~.'~WI~W'~.,~.'~W'.~,~W'~._,~.,~.'~~I~~I~~I~.'~.'~.'~.'_.'_.'_.'_.'_.'_.'__,__,__ TABLB OF CONTBNTS Assessment & Cost Summary Rules for Spreading Assessment Description of Improvements Assessment Roll Assessment Diagram certificates Paqes 1-2 3 4 5-6 7-8 9 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-l ANNEXATION NO. 1 (Zone No. 31) A.lII.lIHllï for Fiscal Year 1999-2000 WHEREAS, on January 20, 1999, the city Council of the city of Saratoga, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution No. 99-05 describing improvements and directing preparation of the Fiscal year 1999-2000 Engineer's Report for Landscaping and Lighting District LLA-1, Annexation No.1, more particularly therein described, and WHEREAS, said Resolution No. 99-05 directed the Engineer of Work to prepare and file a report presenting plans and specifications for the proposed new improvements, an estimate of costs, a diagram of the territory proposed to be annexed into said assessment district, and a proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements upon the several lots or parcels of land in said territory proposed to be annexed, to which Resolutions reference is hereby made for further particulars, NOW, THEREFORE, I, Larry I. Perlin, by virtue of the power vested in me under said Act and the order of the City Council of said City of Saratoga, hereby make the following assessment to cover the portion of the estimated cost of said improvements, including the maintenance and servicing thereof and the costs and expenses incidental thereto, to be paid by the assessment district for the Fiscal Year 1999-2000: ENGINEER'S ESTIMATE SUMMARY ADMINISTRATIVE COSTS city overhead Assessment engineer $ 490 650 $ 1,140 $ 780 600 1,380 $47,500 2,300 8,000 57,800 Assessment $ 60,320 MAINTENANCE COSTS Contract services Irrigation water CONSTRUCTION COSTS Contract services San Jose Water Co. contingencies -1- And I do hereby assess and apportion said portion of the estimated cost of the improvements, including the maintenance and servicing thereof and the costs and expenses incidental thereto, upon the several lots or parcels of land liable therefor and benefited thereby, and hereinafter numbered to correspond with the numbers upon the attached diagram, upon each, severally and respectively in proportion to the benefits to be received by such property, respectively, from the construction and installation of the improvements, and from the maintenance and servicing thereof, and more particularly set forth in the Assessment Roll hereto attached and by this reference made a part hereof. As required by said Act, a diagram is hereto attached showing the proposed annexation to the assessment district, and also the boundaries and dimensions of the respective lots or parcels of land within said proposed annexation to the assessment district, as the same existed at the time of the passage of said Resolution No. 99-05. The diagram and assessment numbers appearing in the Assessment Roll herein under the column headed "Assessor's Parcel No." are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property. I hereby place in the Assessment Roll, opposite the number of each lot or parcel o! land assessed, the amount assessed thereon. Each lot or parcel of land is described in said Assessment Roll by reference to its parcel number as shown on the assessor's maps of the County of Santa Clara for the Fiscal Year 1999-2000, and includes all of such parcel. Dated: 1J(Nll j , 1999 Respectfully submitted, df!:1}?~, Engineer of Work -2- ,,,,,,,,,,,,",,""",,""",,""",,,,",,,,,,,,,,,,,,"",,,,",,,,,,,,,,,,,,"''''''''''''''''''''''""""",,,,,,-~~.,,.",,,,..,,,,,,..,,,..,,.,,,,,...,,"-. .--."'''''.'''''''.'''''''.'''''''.'''''''''''''''.'''''''.'''''''''''''',."""""""""""'11111"'111"""""'",,,,,,,,,,,,,,,,,,,,,,,,,,,",'"'''''''.'''''''''''''''''''''''.'''''''.'''''''.'''''''.'''''''. '''''''."".''''''''''.'''''''.'''''''.'''''''.''''.''.'''''''.''''''.''''. RULIS FOR SPREADING ASSBSSMBNT 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. -3- -.'..'~.'~.'..'~.'~.'..'..'~.'~.I~.,~.'~.'~.'~.'~.'~.'..,..,..,..,..,..,..,..,..,..,_.,_.,_.,_.,_.._... DBSCRIPTION OF IMPROVEMBNTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, 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, supports, tunnels, manholes, vaul ts, condui ts, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, 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, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. -4- '."'"''.'''''''.'''''''.'''''''.'''''''.'''''''.'''''''.'''''''.''''',,,11,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,"1,"""1''''',,,','1'''1'''''''''''''''''''11"1'''"''1'''""1'''"''1,,1''''1''1 "11111111111'1111111"1111'1"'11111'''11"1,,,",11,,111'''''111111''111"1',,,,,,,,,,,,,,,,,,,,,,,,",,,,,,,,_,,.",,,,,.,,,,,,,.,,,,,,,.,,,,,,,.,,,,.,,_,,....,,". ASSBSSMBN'f ROLL ASSESSOR'S PARCEL NO. ASSESSMENTS AS PRE- LIMINARILY APPROVED ASSESSMENTS AS FINALLY CONFIRMED 397-20-011 397-20-012 397-20-013 397-20-014 397-20-026 397-20-027 397-20-028 397-20-029 397-20-030 397-20-031 397-20-032 397-20-034 397-20-035 397-20-036 397-20-037 397-20-038 397-20-039 397-20-041 397-20-042 397-20-043 397-20-044 397-20-045 397-20-046 397-20-047 397-20-048 397-20-049 397-20-050 397-20-051 397-20-052 397-20-053 397-20-054 397-20-055 397-20-057 397-20-058 397-20-059 397-20-064 397-20-065 397-20-074 397-20-075 397-20-077 397-20-079 397-20-090 397-20-091 397-20-093 397-20-094 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 -5- ASSESSOR'S PARCEL NO. ASSESSMENTS AS PRE- LIMINARILY APPROVED ASSESSMENTS AS FINALLY CONFIRMED 397-20-095 397-20-099 397-20-100 397-37-016 397-37-018 397-37-019 397-37-020 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 $1,160.00 -6- """'" "."", ,,,"," ,""," ".",,, ,""'" '''oil'' '''''''' ".",,;~;;.,;;,;~.;;.,;;,;~.;; ;~·;;·';;';~",;¡,¡',',i¡,"·¡' ~ fg: 15 "51 II!; ~lCO~ M 18: -< ~l~' U )'~ ES "tn J!a.... GEtJ Ii.:! ~w ... s !!i I'"' i !: ~ { ~o a.C\4 'q, ~ /"'...... \ . (~'" /~><» ./ ~1'\ - ~~ '() 0:: 0 (¡ 0 (¡ w I/) It) « ~ c:i :i >- :::' I- ;;¿ % ...; :I ,., 0 0; I- U ,... V ... '" ... 0 «- .... ,., I ::¡; .;. 10 I() o % 0:: o ... Q) v -I -< u I ::E I f') It) >- I- % :I o U . o . ® -< ..,I 1 , / ® =1 I ~ L "'I ..-I!t.-~ ,I -"<I ~ ~ ,~ ~ II' Q't¡:1'I ~ ::Iõ:l ~~ 9\ ~ ;: 5 ---Õ1,-~.JrLf9¡iì--- <'! ~ çr: 1.1 '" f;~~ Wi.. ~ ig q:J~3 @J~¡ 61 ~ "3^')Ó'::.. ,,;,:;: "OL;'~" ..~ }:;~ ~ ! ,,,r.! ¡ 051 I '..ÞI L vl. õN .L:>\f't:lJ. 30HS 3<;'tI 0 H 10 .. r§;' I 0Ii1 I OS; I os\ I ,I4HI 'UÞ' ~ ~ JI r§¡t ¡ ~ rSi' I 'OS\I/ ! ~ I '&~ " r "'tf I 'i? 1 ~ I ~ ~J ~ ..~ 0' . j I J 61 91 r: ~ ~' '~--~--I-~T-~-r~---I---~ut~--:Ir--~--~ ~Xf'da IHnl DIÞ" I ::;~, I .:;, I Oil lUK J m#, I.,., 3 d'HS3S't:I 0 H" OS! í Ol¡: ~:t' ¡ 9/~~:/ I /,1,"/ ,.,,,, ~ :..11 ¡¡ rQ ãi ~I 6l1l1 '", ~;o; ~ ~ ~ ~I ~ ~.. ~ ~ n '" ~ ~I ~ -'I "sþ'" 'iQ,,' 1::1 (§t r, 9 I '" I --'~.______ ~'..P, I ¡ ~ S ~ ~ I ¡:¡ 'USi.~ ~~. ~4...... ,,,." .!'f~ß ·f!1ro, I : -7- ~. g ® ~ If! o ~ 1.9 111 o ...J )0'1, .'.'~' .. ~"''t "\ .............. \\ -~,~, -, \\.. ~ 6@) t' ""¡'" " ~\ ~~;~1"""""". ...:V i('.",~ @r $~'i"'- r .......... -~ .....-........ <t '-' o I- « a:: « If) ... ... o G;) .._.-.__.~-'-.,_.'..,-.,_.,_.,_.,_.,-.,_.,_.,..,..,..,..,..'..,..,..,..,..,-..--.--.-.,-.-- SANTA CLARA COUNTY, CALIFOR~tA ~~) .,/; ;,-:;¡ ~. ~ ....0: '/ " Of ;'b" /'\.1 tI 1.- ';:"0' I ,.,,1' /' I ~: 0",/ I iii' SSf. /,- I CII . ·,.Sst :;:..."- I -(. ,1.......... '!I I tI~þ ~ ,.:.... / p~ ........... / ,Þ ~ '." (' / I I, f!:S1 ~ ,.- , I / ... ,I.- 0 .;' "1 - 100' . ~OV .....:~"7 I O~1 10 ......." I @ ...'1 ' '/ ...../ - "'/ ~...~// I: / , ..-5.!- U -1..f1f' 'l. ,,:- .. .0.1 .. I 7~ I / ." A..... ;0.:.....' I I ~""...... \ @I/ @8 ~, I I ,. \ ~o ,<,.... \ \ I I ".... ......1, / \ ....~.. \ ~·O' .. I .......... ,to' \ 0 \ " ,." 0 \ ,0. . ..Y \ " ." , -EJ)- , II l BOOK 397 J ) ....' . , ':to \--1. '0. .~ ", ~ 14 ~.... ,.., -- o1.·.,!. -- 'J..- -- ---- \ I \ \ IS loll lilt I- I ," ........ \ .o~ \ \,0,., ---- ¡. -.....- . .,"',' J ", 7·~;~o/ @ 5 . . , . .. " I . ~.., , . - , ---- ... CARNELIAN GLEN UN.2 TR. Nt 6722 · · · /'" ~. <) / , ~/ ~O ~t::J ~C:J ~O / @ / -8- PAGE 37 ~ 4 I 1>. -, ..... -- e' -' ..' J ""'''''.'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''~',,,,,,,,,,,,,,",,,,,,",,,,,,,,",,,,,,",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,''''''"II'IIIIIII'II'''"''lIlill"''''il',,."III,'i llllllllillilllIIII",,"""'IIII',""'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''',,,,,,,,,,_,,,,.,,,,,,,.,,,,,...,,,,. I, Susan Ramos, the City Clerk of the City of Saratoga, hereby certify that the foregoing assessments, in the amounts set forth in the column headed "Assessments as Preliminarily Approved", with the diagram thereto attached, was filed with me on ~ ~I ,1999. ;;µ'J((4I (¡ ¿AAA¿ \A Susan 'a~r;wr-v I, Larry I. Perlin, the City Engineer of the City of Saratoga, hereby certify that the foregoing assessments, in the amounts set forth in the column headed uAssessments as preliminarily Approved", have been computed or recomputed in accordance with the order of the Ci~ðcouncil of said City of Saratoga as expressed by Resolution No. 99- ~, duly adopted by said City Council on A12'~ 11 , 1999, said computed or recomputed assessments being the amounts set forth in the column headed "Assessments as Finally Confirmed"; provided, however, if the column headed "Assessments as Finally Confirmed" is blank, the figures in the column headed "Assessments as preliminary, Approved" were confirmed without chanqe. ~ . ~ . Dated: Apr¿... 'J I ,1999 ~:~ ~n I, Susan Ramos, the City Clerk of the City of Saratoga, hereby certify that the foregoing assessments, in the amounts set forth in the Column headed "Assessments as Finally Confirmed" (unless said column is blank, in which event the amounts in the column headed "Assessments as Preliminarily Approved" apply), with the diagram thereto attached, was ap~fov~d and confirmed by the City Council of said City of Saratoga on UfJu J ,B.,/ , 1999. ~r¡~Á~ Susan RarF~ The Assessment and Assessment Diagram were filed in the office of the county Auditor of the County of Santa Clara, California, on , 1999. County Auditor -9-