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HomeMy WebLinkAboutCity Council Resolution 950-D (U'O~A- ,a WMAM:JEB:om 07, 2/80 12c RESOLUTION NO. 950-D A RESOLUTION OVERRULING PROTESTS AND ORDERING THE FORMATION OF AN ASSESSMENT DISTRICT AND THE IMPROVEMENTS ORDERING REDUCTION OF CERTAIN ASSESSMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-l RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 16th day of April, 1980, said Council adopted its Resolution No. 950, Determining to Undertake Proceedings for the Formation of an Assessment District Pursuant to the Landscaping and Lighting Act of 1972, and directed the Director of Public Works to prepare and file with the Clerk of this City a written report called for under said Act and by said Resolution No. 950; 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. 950, including (1) plans and specifications of the existing improvements and the proposed 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; 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 18th day of June, 1980, at the hour of 7:30 o'clock p.m. of said day in the regular meeting place of said Council, City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, as the time and place for hearing protests in relation to the formation of an assessment district pursuant to the Landscaping and I,ighting Act of 1972, and to said proposed improvements, including the maintenance or servicing, or both, thereof, and directing said Clerk to give notice of said hearing as required by said Act: WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, 97 persons interested, objecting to the formation of said assessment district, or 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, filed written protests with the Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the formation of said assessment district and said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; WHEREAS, it has been determined that those certain properties in Zone 6 designated Assessment and Diagram No. 058 and in Zone 7 designated Assessment and Diagram No. 068 will not be benefited by said improvements and said assessments should be reduced to zero and those certain properties in Zone No. 7 designated as Assessment and Diagram No.ls 013,014, 016 and 029 have each been inadvertently overcharged in the amount of $91.06. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That protests against the formation of said assessment district or of said improvements, including the maintenance or -2- 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, were not signed by the owners of a majority or more of the area of assessable lands within the assessment district, and that said protests be, and each of them are hereby, overruled. 2. That the public interest, convenience and necessity require the formation of an assessment district and 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 said Engineer's Report and made a part hereof by reference thareto, which District is hereby formed. 3. That the District 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 of any zone thereof and the general location of said District. 4. That said District be, and it is hereby, designated as "City of Saratoga Landscaping and Lighting District LLA-l District" by which name it shall hereafter be referred to in all subsequent proceedings, including proceedings for the levy and collection of assessments. 5. That those certain properties designated Assessment and Diagram No. 058 in Zone 6 (Assessor's Parcel No. 503-53-058) be, and it is hereby, reduced from $42.03 to zero and Assessment and Diagram No. 068 in Zone 7 (Assessor's Parcel No. 397-24-068) be, and it is hereby, reduced from $10.41 to zero, by reason said properties are not benefited by said improvements, and those certain properties designated as Assessment and Diagram No.'s 013 (Assessor's Parcel No. 503-25-013), 014 (Assessor's Parcel No. 503-25-014), 016 {Assessor's Parcel No. -3- 503-25-016) and 029 (Assessor's Parcel No. 503-25-029) in Zone 7, be, and they each are hereby, reduced from $102.01 to $10.41 to reflect said overcharge and that the Director of Public Works shall make said changes either on the face of the Engineer's Report or by filing an amendment thereto. 6. 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 said report, be, and they are hereby, finally adopted and approved. 7. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expense~ in connection there~_.th, contained in said report as modified, be, and it is hereby, finally adopted and approved. 8. 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 as modified, reference to which is hereby made for a more particular description of said improvements. 9. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 950, 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 said report, be, and it is hereby, finally approved and confirmed. 10. That the assessment of the total amount of the costs and expenses of the proposed improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the -4- expenses incidental thereto, contained in said report as modified, be, and the same is hereby finally approved and confirmed. 11. That said Engineer's Report as modified, be, and the same is hereby, finally adopted and approved as a whole. 12. 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 his certificate of such confirmation thereto attached and of the date thereof. 13. That the order forming the assessment district and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, ea~lffi¿te Jf the c05ls al.= expenses, the diagram, and the assessment, as contained in said Report, as hereinabove 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, if any, heretofore duly adopted or made by this Council. * * * * * * -5- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 18th day of June, 1980, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Clevenger/ Mallory Jensen Watson/ Mayor Callon NOES, Councilmen: None ABSENT, Councilmen: None APPROVED: ( SEAL) " ,/:/;", ~ ....'1 /,,1.,:. -' Ii , I" 1/ 1·'¿···...:t-·L---~·e(./.:c.......-<::~_.<......-ð.¡.." ( '1 Mayor -6- EVì. - 4 '.sÐ.ratoga File No- Public Project #47 DECLl\Rl\ '1'1 ON THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative" Declaration) Environmental Quality Act of 1970 The under"signed, Dir~ctor of Planning and Environmental Control of the CITY OF SA~TOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15080 through 15083 of the Califorhia Administrative Code, and Resolution 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said "Act. PROJECT DESCRIPTION Se~ a"t tachment , NAl-1E AND ADDRESS OF APPLÍCANT City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 REASON FOR NEGATIVE DECLARATION Project consists of continuation of existing lighting and landscape ~aintenance functions. There will be no change which would affect adversely the physical environment, Executed at Saratoga, California this 6th day of June , 19 8 R. S. ROBINSON, JR. DIRECTOR OF PLANNING AND ENVIROmlENTAL Cfž~;~;¡~TOGA DIRECTOR'S AUTHORI ZED STAFF ME.t\1BER . - .:; ¡ , . t to Forms EIA-la and EIA-lb 4/ /80 A;ttach PROJECT DESCRIPTION CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-l The project provides for the continuation of existing street lighting and landscape maintenance districts, but through the formation of a single overall assessment district. The assessment district is comprised of eight zones re- flecting those prior districts,' containing a total of 1,884 parcels. The zones are: ZONE NO. OF PARCELS 1. Manor Drive 25 2. Fredericksburg Dr. 85 3. Greenbrier 167 4. Quito L.D. ,- 604 5. Azule L.D. 107 -- ,- .,~~ ._---,"---,.,_.__.,,~~. 6. Azule L.D. (Annexed) 66 7. Saratoga L.D. 84 (Comm) 7. Saratoga L.D. 731 (Res) 8. Village Parking Dist. #1 15 TOTALS: 1,884 Zones 1, 2 and 3 are landscape maintenance districts, Zones 4,5,6 and 7 are lighting districts and Zone 8 is the landscaping and lighting portion of Village Parking District #1. The Engineer's Report delineates each zone, lists all of the parcels and contains maps of each component of the new district. The Engineer's Report also contains a full and detailed description of what constitutes the functions of each zone and the proposed assessment costs related thereto. 'R ,[ ~, I U J II . . I;~ ItI '(" II'} t~~1I I~"'I f"\ i';ì ,I'''~, 11,,'1 ~. 111'Wi' "\",11 ""lfl ERNEST A. WILSON J....MES T. MORTON PHIUP D. "55AF PEGG.... L McEL.LIGOTT THOMAS e. ADAMS SHERROD S DAV'S LAWRENCE C, JEN$EN GE~"'LD 10._ LASTER JAMES L. COPEL..AND MA....ER A. D,6¡,NIEL WILSON. MORTON. ASSAF & MCELLIGO'M' ATTORNEYS AND COUNSELLORS AT LAW 630 NORTH SAN "'ATEO CRIVE P. O. BOX 1152 SAN MATEO, CALIFORNIA 94401 [4151 342·3523 July 3, 1980 CHA.RLES N. KIRKeRIDE 1-894-1911 K~RIKBRIDE I: GORDON (JOSE'P H B, GORDO t'oU 1911-1929 KIRKBRIDE & WILSON 19.2&1-1947 KlpltKBRIDE. WILSON. HARZFELO 8: WALLACE 19~7·'ge' WILSON, JONES. MORTON 8. LYNCH 1981·1.77 JOAN E. B FHOOY JAMES M. PARMEL.£"E ROBERT K_ BOOTH. JR. O....VID G. CASNOCHA. THO ~A5 A, LAKE ~" , ~r¡ 'Th" ,F) )';:\ ¡"l'~~'''~ 'Wjlr ,""11' " ~D. ~.,~"" ,~,I "', .~~~ ,1,t.::JI,~',' " 'l!l'I' , ',-'" ',~I'I~I~',I¡~ /' ' " ~ ·,·,t...~" ·1 '...~~; NEWPORT BEACH OFFICE SUITE 1530 660 NEWPORT CENTER DRIVE NEWPORT BEACH. CA 92660 1714J 759~1801 I I'. ~,. Mr. Robert F. Beyer City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 PUBLIC \1\I()lí::KS '[)EP"'I CITY' I)f:: !:;ARATOGA I'. :,,~ 01' ,,, Re: City of Saratoga Landscaping and Lighting District Dear Mr. Beyer Enclosed is Resolution No. 950-D, A Resolution Over- ruling Protests and Ordering the Formation of an Assessment District and the Improvements, Ordering Reduction of Certain Assessments and Confirming the Diagram and Assessment, adopted by the City Council June 18, 1980. The number of written protests received should be inserted on page 2. Please return two certified copies of the resolution for our files. Enclosure " ,-----------J Very t?111y ours / ( ---fi~'/, ' ~/ ¿L Joan E. Briody ~l ~~ON. MORTON. ASSAF & MC~OTT cc: Robert S. Shook Director of Public Works