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2004-051- Intention To Levy And Collect Assessments For Fiscal Year 2004-2005 In Landscaping And Lighting Assessments District No 1 And To Set Public Meeting And Public Hearing To Consider TheRESOLUTION 2004-51 RESOLUTION OF THE TOWN COUNCIL OF'THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2004-.2005 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1-- KENNEDY MEADOWS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER'THE PROPOSED ASSESSMENTS WHEREAS, Landscaping and Lighting Assessment District No. 1--Kennedy Meadows Benefit Zone is generally located in Tract No. 86.12, as generally shown in Part D hereto, and generally consists of the following improvements: The maintenance of trees, landscaping,. irrigation systems, trail and street lights within open space areas (Parcels A and B) .and along Kennedy Court and Forrester Court, as shown on the approved improvement for Tract No. 8612, Los Gatos, California and the riparian .and wetlands area described in the report by H. T. Harvey Associates, dated November 11, 1994.. WHEREAS, on April 5, 2004 the Town Council ordered the District Engineer to prepare and file a report regarding Landscaping and Lighting Assessment District No. 1--Kennedy Meadows Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and WHEREAS, the District Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the :district; and WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and thebenefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that equal to those levied and collected in Fiscal Year 2003-2004; and WHEREAS, the :proposed assessment. should be set for public hearing. in accordance with the Streets and Highways Code; NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The Town Council will consider the levying and collection of assessment in Landscaping .and Lighting Assessment District No, l--Kennedy Meadows Benefit Zone at a public hearing Monday, June 7, 2004, at 7:00 P. M., in the Town Council Chambers at Civic Center, 110 East .Main Street, Los Gatos, California, when all interested persons may come and be heard. 'This hearing may be continued from time to time. 2. Any person wishing to protest the levy and collection of assessments may do so by filing a written protest with the Town Clerk at 110 E. Main Street, Los Gatos, CA 95032, before the close of the public hearing on June 7, 2004, or as it may be continued from time to time. Any such written protests must state all grounds of objection and a description to the property owned by the person .making the protest :sufficient to identify :the property owned by that person. 3. The Town Clerk is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before. the public hearing. 4. The Town Clerk is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing. PASSED .AND ADOPTED at a regular meeting. of the Town Council of the Town of Los Gatos held on the 19th day of April, 2004, by the following vote: COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, .Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman NAYS : None .ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS TOWN OF LOS, GATOS ATTEST: CLERK OF THE TOWN OF LOS ATOS TOWN C)F LOS GATOS \S ~ ..: ^ y ~~ Landscaping and Lighting Assessment District No. 1 KENNEDY MEADOWS BENEFIT ZONE Fiscal Year 2004 200.5 ENGINEER'S REPORT ENGINEER'S REPORT FISCAL YEAR 2004-2005 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 (Pursuant to the Landscaping and Lighting Act of 1972) KENNEDY MEADOWS BENEFIT ZONE John E. Curtis, Engineer of Workfor Landscaping and Lighting AssessmentDistrict No.1--Kennedy Meadows. Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this .report, as directed by the Town Coltncil, 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, trail and street lights within open space areas (Parcels A and B) and along Kennedy Court and Forrester Court, as shown on the approved improvement for Tract No. 8612, Los Gatos, California and the riparian .and wetlands area described in the report by H. T. Harvey Associates,. dated November 11, 1994. This report consists of four parts, as follows: PART A: Plans and specifications for the improvements and the report by H. T. Harvey Associates are filed with the Town Cleric. Although separately bound, the plans, specifications and H.T. Harvey report are a part of this report and are included in it by reference. PART B: An estimate of the cost of the improvements, including interest on the funds .advanced to the benefit zone by the Town. PART C: An assessment of the estimated cost of the improvements on each benefitted parcel within the :assessment district, the method by which the Engineer of Worl~ has determined the .amount proposed to be assessed 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 Cleric. PART D: A diagram showing all of the parcel of real property within this assessment district. 'The diagram is keyed to Part C by assessment number. Respectfully submitted, ~~ ~ JOHN E. C IS DA Director of rks and Public Worlcs Engineer of Worlc -2- PART A FISCAL YEAR 2004-2005 PLANS, SPECIFICATIONS and REPORT'S ..KENNEDY MEADOWS BENEFIT ZONE Plans and specifications for the improvements are those prepared by Nowack and Associates, Civil Engineers, dated September 21, 1994, their job number 90-263C, pages 1 - 11. These plans .and specifications have been filed separately with the Clerk of the Town of Los Gatos. and are incorporated m the Report by reference. The wetlands mitigation and monitoringplan was preparedbyH.T. Harvey & Associates, Ecological Consultants, dated November 11, 1994, their file number 733-04, 11 pages. A revised wetlands mitigation plan is contained in a letter to the U.S. Army Corp of Engineers and California Regional Water Quality Control Board dated August 30,1995 and as-builtplans in a letter dated February 21, 19.95.. The original report and letters have been filed separately with the Clerk of the Town of Los Gatos and are incorporated in this Report by reference. -3- PART 'B ESTIMATE OF THE COST OF IMPROVEMENTS FISCAL YEAR 2004-2005 KENNEDY MEADOWS BENEFIT ZONE FISCAL YEAR 2003-2004 REVENUE 1. Fund Balance From 2002-2003 $ 3,174 2. 2003-2004 .Assessment 10,275 3. 2003-2004 Interest 40 TOTAL REVENUE $ 1.3,489 FISCAL YEAR 2003-2004 ESTIMATED EXPENSES 1. Landscape Contractors 4,000 2, Publication & notification charges (legal) 300 3. Santa Clara County Collection Fee 103 4. San Jose Water Co.--Water 5.00 5. Mitigation 1Vloiitoring 4,000 b. Town administrative charges 1,70 TO TAL EXPENSES FOR 2003-2004 $ 10,683 FISCAL YEAR 2004-2005 REVENUE 1. Fund Balance From 2003-2004 $ .2,806 2. 2004-200.5 Assessment 10,275 3. 2D04-200.5 Interest 40 TOTAL ESTIMATED REVENUE $ 13,121 FISCAL YEAR 2004-2D05 ESTIMATED EXPENSES 1. Landscape Contractors 4,416 2. Publication & notification charges 300 3. Santa Clara County Collection Fee 103 4. San Jose Water Co.--Water 500 5. Town administrative charges 1,780 6. Mitigation Monitoring 4,000 TO TAL ESTIMATED EXPENSES FOR 2004-2005 $ 11,099 BALANCE TO CARRY FORWARD TO 2005-2006 $ 2,022 N:\B\CNCI RPTS\KMRZ7~05 (~ PART C ASSESSMENT ROLL FISCAL YEAR 2004-2005 KENNEDY MEADOWS BENEFIT ZONE SPECIAL ASSESSMENT AMOUNT OF PROPERTY NUMBER ASSESSMENT DESCRIPTION Lot 1 $685.00 5.32-18-050 Lot 2 685.00 5.32-18-049 Lot 3 685:00 532-18-048 Lot 4 685.00 532-18-047 Lot 5 685.00 532-18-0.52 Lot 6 685.00 532-18-063 Lot 7 685..00 532-18-062 Lot 8 685.00 532-18-061 Lot 9 685..00 532-18-060 Lot 10 685.00 532-18-059 Lot 11 685.00 532-18-058 Lot 12 685.00 532-18-0.57 Lot 13 685.00 532-18-056 Lot 14 685.00 532-18-055 Lot 15 685.00 532-18-054 TOTAL ASSESSMENT.: $10,275 The lines and dimensions of each parcel are those shown on the maps of the County Assessor ofthe County of Santa Clara and the County assessment roll. METI3OD'OF APPORTIONMENT OF ASSESSMENT The total amount of the assessmentwas apportioned equally to all the lots within Kennedy Meadows Benefit Zone of Landscaping and Lighting Assessment District No. 1. -5- KENNEDY MEADOWS BENEFIT ZONE PROPERTY OWNERS LIST 532-18-047 William Diamond, Jr. and Susan 532-18-04'8 Wiederhold, Robert P, and Melinda A., Trustee 532-18-049 I~otansky, Bernard and Linda Rosenbloom 532-18-050 Dodson, Elizabeth K. and Hirschman, William F. 532-18-052 Montecillo, Normando M. and Lena S., Trustee 532-18-054 Hacker, Mark I~. 532-18-055 Suzul~i,lVlartin'P. and Jeanette W. 532-18-056 Farbairn, Kevin P. and Patricia C. 532-18-057 Arata, David J. and Carrie S. 532-18-058 Cali, Alfred and Lori 532-18-059 Humphries, .Simon A. and Sheila H. 532-18-060 Merritt Trust .532-18-061 Desantis, Robert J. and Ann R. 532-18-062 Van Dick, Steven M. and Deborah A., Trustee 532-18-063 Thomson, Jolul H. and Catherine C. -6- (~ ~ PART "D" Assessment Diagram NORTu ~~~ .. ~ IOI~o Keened ~ ~•:•:• ~ Y „ _, ... ~ ~~. 9 ~~ 15 ~ ~~~ r 4 ... ~- . ~ .. ~~~ ~ 10 ~ ~~_,.-ae. r.. ,11 Not a ~~a . ~ .. ~ . c~ °s~... part. : ::• ~ ~.•. ... ~. . boo ~ ~.~.:: .. ... :~:. ....... a Areas Maintained by _,, Kennedy Meadows Benefit Zone N, • .,. 0 Forrester Rd. Landscaping & Lighting Assessment District No. 1 KENNEDY ME.SDOWS BENEFIT ZONE 3 ^1:1661\A5n7-naPS\xl`Il'i~F.avg 2ehsed: 3>29i2000 tr '„ -7-