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2012-044 - Confirming Diagram And Assessment Landscaping And Lighting Assessment District No. 2 - Gemini Court Benefit ZoneRESOLUTION 2012 -044 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2 - GEMINI COURT BENEFIT ZONE FOR FISCAL YEAR 2012/2013 WHEREAS, on April 16, 2012, the Town Council ordered the District Engineer to prepare and file a report regarding Landscaping and Lighting Assessment District No. 2 - Gemini Court Drive Benefit Zone regarding the improvements in the District and proposed assessments to support those improvements; and WHEREAS, the District Engineer prepared and filed that report; and WHEREAS, the Town Council considered and approved that report; and WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, on May 21, 2012, the Town Council adopted Resolution No. 2012 -029 declaring its intention to levy and collect assessments in Landscaping and Lighting District No. 2 - Gemini Court Benefit Zone, and set the matter for public hearing in accordance with State law; and WHEREAS, notice of the public hearing was duly mailed and published in accordance with State law; and WHEREAS, the public hearing on the proposed levy of assessments was held by the Town Council on June 18, 2012, at which time all interested persons present were heard; and WHEREAS, the proposed assessments are not proposed to be increased from any previous year; and WHEREAS, the Town Council has received and considered all written and oral statements and protests regarding the proposed assessment. 1 NOW THEREFORE, BE IT RESOLVED: 1. The diagram and assessment attached hereto as Parts C and D are approved. 2. This Resolution shall constitute the levy of assessment for Landscaping and Lighting Assessment District No. 2 - Gemini Court Benefit Zone, for Fiscal Year 2012/2013. 3. The Clerk Administrator shall transmit a certified copy of this Resolution to the Tax Collector of Santa Clara County for entry on the County Assessment Roll opposite each lot or parcel of land in the amount assessed pursuant to the Resolution, and collection pursuant to Streets and Highways Code Sec. 22646 and payment to the Town pursuant to Streets and Highways Code Sec, 22647. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 18` day of June, 2012 by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN O LOS GATOS LOS GATOS, CALIFORNIA ATTEST: uma k"114) CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 �� . �� W\ \N , "- -r. %/Oil kµ i .,VCOPApED \6�� G Landscaping and Lighting Assessment District No. 2 GEMINI COURT BENEFIT ZONE Fiscal Year 2012/13 ENGINEER'S REPORT ENGINEER'S REPORT FISCAL YEAR 2012/13 LANDSCAPING A_LD LIGHTING ASSESSMENT DISTRICT NO. 2 (Pursuant to the Landscaping and Lighang Act of 19 72) GEMINI COURT BENEFIT ZONE Kevin Rohani, Engineer of Work for Landscaping and Lighting Assessment District No. 2, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 22566, et seq. of the Streets and Highways Code (Landscaping and Lighting Act of 1972). The improvements that are the subject of this report are briefly described as follows: The maintenance of trees, landscaping, irrigation systems, lighting, sound wall and fences as shown on the approved improvement and landscape plans for Tract No. 8439, Los Gatos, California. This report consists of four parts, as follows: PART A: Plans and specifications for the improvements are filed in the Clerk Department. Although separately bound, the plans and specifications are a part of this report and are included in it by reference. PART B: An estimate of the cost of the improvements. PART C: An assessment of the estimated cost of the improvements on each benefited parcel within the assessment district, the method by which the Engineer of Work has determined the proposed assessment against each parcel, and a list of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk Administrator. PART D: A diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number. Respectfully submitted, KEVIN' ROHANI Engineer of Work 6- 1 2 - DATE D ATE PART A FISCAL YEAR 2012/13 PLANS, SPECIFICATIONS AND REPORTS GEMINI COURT BENEFIT ZONE Plans and specifications for the improvements are those prepared by Greg G. Ing, and Associates, dated September 14, 1990, their job number 9031. These plans and specifications have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference. "3- PART B ESTIMATE OF THE COST OF L1IPRO EMENTS FISCAL YEAR 2012/13 GEMINI COURT BENEFIT ZOtiE FISCAL YEAR 2010 /11 REVENUE 1. Fund Balance $ 12,288 2. Assessment 4,140 3. Interest 145 TOTAL REVENUE S 16,573 FISCAL YEAR 2010/11 ESTIMATED EXPENSES 1. Landscape Contractor 2,425 2. Publication & notification charges (legal) - 3. Santa Clara County Collection Fee 41 4. Light Pole Maintenance - 5. PG &E Electric 6. San Jose Water Co.- -Water - 7. Town administrative charges 610 TOTAL EXPENSES FOR 2010/11 S 3,076 FISCAL YEAR 2011 /12 REVENNUE 1. Fund Balance $ 13,497 2. Assessment 4,140 3. Interest 176 TOTAL ESTIMATED REVENUE S 17,813 FISCAL YEAR 2011/12 ESTIMATED EXPENSES 1. Landscape Contractor 1,000 2. Santa Clara County Collection Fee 41 3. Publication & notification charges - 4. Light Pole Maintenance - 5. San Jose Water Co.- -Water - 6. PG &E Electric - 7. Town administrative charges 6 t 0 TOTAL ESTIMATED EXPENSES FOR 2011/12 $ 1,651 BALANCE TO CARRY FORWARD TO 2012/13 S 16,162 -4- PART C ASSESSMENT ROLL FISCAL YEAR 2011/12 GEMINI COURT BENEFIT ZONE Special Assessment No. Amount of Assessment Property Description Loth $230.00 567 -64 -051 Lott 230.00 567 -64 -050 Lot 3 230.00 567 -64 -049 Lot 230.00 567 -64 -048 Lot 230.00 567 -64 -047 Lot 6 230.00 567 -64 -046 Lot? 230.00 567 -64 -045 Lot 8 230.00 567 -64 -044 Lot 230.00 567 -64 -043 Lot 10 230.00 567 -64 -042 Lot 11 230.00 1 567 -64 -041 Lot 12 230.00 567 -64 -040 Lot 13 230.00 567 -64 -039 Lot 14 230.00 567 -64 -038 Lot 15 230.00 567 -64 -037 Lot 16 230.00 567 -64 -036 Lot 17 230.00 567 -64 -035 Lot 18 230.00 567 -64 -034 Total Assessment: $4,140.00 The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll. METHOD OF APPORTIONMENT OF ASSESSMENT The total amount of the assessment was apportioned equally to all the lots within the Gemini Court Benefit Zone of Landscaping and Lighting Assessment District No. 2. -5- GEMINI COURT BENEFIT ZONE PROPERTY ONV ERS LIST 567 -64 -051 Baker, Kenneth, Trustee, et. al 567 -64 -050 Mogannam, Evelyn E. Trustee 567 -64 -049 Morgan, Robert G. Jr. and Jeanne Hiatt - Morgan 567 -64 -048 DeGrange, Steven & Sinmei, Trustee 567 -64 -047 Lau, Steven 567 -64 -046 McCanny, James 567 -64 -045 Guha, An,-Shuman and Atreyee 567 -64 -044 Davidson Living Trust 567 -64 -043 Lee, Frances I. 567 -64 -042 Rapisarda, Fred and Linda 567 -64 -041 Vaysberg, Yelena Trustee 567 -64 -040 KSJ, Inc. 567 -64 -039 Scoggin, Michael D., Et Al 567 -64 -038 Serrano, Francisco J. 567 -64 -037 Fliss, John R. and Sheri L. Blake 567 -64 -036 Wells, Clifford E., Jr. and Nancy A. 567 -64 -035 Kim Sung, Dam and Hae Ran 567 -64 -034 Powers, Richard J. and Shelly A. -6- -�-