Ord 1836 - Fixing and Establishing Boundaries and Declaring Formation of an Open Space Maintenance Assessment District Within the Bounds of Tract 8280, Vasona Hills Subdivision, Located at 300 Blossom Hill RoadORDINANCE 1836
AN ORDINANCE OF THE TOWN OF LOS GATOS FIXING AND
ESTABLISHING BOUNDARIES AND DECLARING FORMATION OF AN
OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT WITHIN
THE BOUNDS OF TRACT 8280, VASONA HILLS SUBDIVISION,
LOCATED AT 300 BLOSSOM HILL ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
WHEREAS, the Town Council received, pursuant to the Open Space Maintenance
Act ( "Act ") a petition dated May 15, 1990 and signed by all owners of the assessable
property within the proposed assessment district hereinafter described ('District "),
requesting the formation of a district;
WHEREAS, the Development Review Committee referred a preliminary report
from the Town Engineer dated May 18, 1990 to the Planning Commission containing the
information required by Government Code Section 50591;
WHEREAS, on May 23, 1990 the Planning Commission recommended formation of
the District, and the Town Council approved the preliminary report and declared its intent
to form the District on June 4, 1990;
WHEREAS, the Town Clerk pursuant to Resolution 1990 -115 of the Town Council
published notice of intent to form the District, and to hold a hearing for protest or
objections, at least 15 days before the date set for said hearing, as evidenced by certificates
on file with the Town Clerk;
WHEREAS, said hearing was duly and regularly held on July 2, 1990 at the time and
place stated in said notice, and interested parties including the owners of all property in the
District, Ainsley Development, Inc. or its successors in interest filed written protests with
the Town Clerk prior to the hearing and appeared at the hearing to protest certain specific
aspects of the scope of the proposed maintenance work and the property to be maintained,
pursuant to Government Code Section 50601 and 50602;
WHEREAS, the Town Council ordered a change in the proposed scope of
maintenance to be undertaken in the District by deleting erosion and /or flood control
activities in and along Los Gatos Creek; and
WHEREAS, on July 2, 1990, the Town Council denied all other objections and
protests, and adopted Resolution 1990 -143, acquiring jurisdiction to form the District and
to order the maintenance as changed to be done pursuant to Government Code Section
50605.
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED AS
FOLLOWS:
1. That the owners of one -half of the area of the land within the proposed
District and subject to assessment did not, at or prior to the time fixed for said hearing,
file written protests against the doing of things proposed to be done as an entirety.
2. That all protests and objections filed with the Town Clerk or otherwise made
and presented to this Council were overruled on July 2, 1990.
3. That the District benefited by the proposed maintenance and to be assessed
to pay the cost thereof is hereby declared formed pursuant to the Act, that the open areas
to be maintained are hereby established as shown in Exhibit 1", and that the exterior
boundaries and benefited properties are hereby established as shown in Exhibit "2 ", said
exhibits being attached hereto and made a part hereof by this reference.
4. That the maintenance to be performed shall consist generally of weed control,
pest control, litter control, shrub pruning, tree pruning, paved pathway and road
maintenance to include periodic sealing and surface replacement, watering of selected plant
materials, replacement of plant materials as needed, irrigation maintenance and repair, but
shall not include erosion and /or flood control activities in and along Los Gatos Creek
(areas B and C on Exhibit 2).
5. That the public interest, convenience, and necessity require, and the Town
Council does hereby order said maintenance to be performed, and that the cost of doing
said maintenance shall be paid by annual assessments upon the land within the District.
6. That assessments per $100 assessed violation of taxable land and
improvements shall not exceed the statutory maximum set by Government Code Section
7
50612, and that amounts to be assessed shall be billed for and collected as part of the
regular tax bills.
7. That based on the oral and documentary evidence, offered and received at
its meeting of June 4 and public hearing on July 2, 1990, the Town Council expressly finds
and determines that each of the several subdivisions of land in the District will be specially
benefited by said maintenance.
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper
of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on July 16, 1990 and adopted by the following vote as an ordinance of
the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
August 6, 1990.
COUNCIL MEMBERS:
AYES: Robert L. Hamilton, Brent N. Ventura
Mayor Thomas J. Ferrito
NAYS: NONE
ABSENT: Eric D. Carlson, Joanne Benjamin
ABSTAIN: NONE
SIGNED:
ZY TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
�f CLERK OF THE TOWNS GATOS
LOS GATOS, CALIFORNIA
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MAINTENANCE DISTRICT BOUNDARY