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2012-040 - Confirming Diagram And Assessment Landscaping And Lighting Assessment District No. 1 - Kennedy Meadows Benefit ZoneRESOLUTION 2012 -040 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. 1 - KENNEDY MEADOWS BENEFIT ZONE FOR FISCAL YEAR 2012/13 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. 1 - Kennedy Meadows 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 -025 declaring its intention to levy and collect assessments in Landscaping and Lighting District No. 1 - Kennedy Meadows 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 of the Engineer's Report are approved. 2. This Resolution shall constitute the levy of assessment for Landscaping and Lighting Assessment District No. 1 - Kennedy Meadows 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: TLze � MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 aA! iJ Landscaping and Lighting Assessment District No. 1 KENNEDY MEADOWS BENEFIT ZONE Fiscal Year 2012/13 ENGINEER'S REPORT ENGI`r"EER'S REPORT FISCAL YEAR 2012/13 LANDSCAPI`IG AND LIGHTING ASSESSMENT DISTRICT NO. I (Pursuant to the Landscaping and Lighting Act of 1972) IENNEDY MEADOWS BENEFIT ZONE Kevin Rohani, Engineer of Work for Landscaping and Lighting Assessment District No. 1 -- Kennedy Meadows Benefit Zone, Town of Los Gatos, Santa Clara County, California, makes this report, as directed by the Town Council, pursuant to Section 2266, 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 in the Clerk Department. 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 fiords advanced to the benefit zone by the Town. 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 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 Clerk Administrator. 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. Respectfidly submitted, / Z KEVIN ROHANI DATE Engineer of Work 2- PART A FISCAL YEAR 2012/13 PLANS, SPECIFICATIOiVS AND REPORTS KENNEDY MEADOWS BENEFTT 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 in the Clerk Department of the Town of Los Gatos and are incorporated in the Report by reference. The wetlands mitigation and monitoring plan was prepared by H.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 -built plans in a letter dated February 21, 1995. The original report and letters have been filed separately in the Clerk Department of the Town of Los Gatos and are incorporated in this Report by reference. -3- PART B ESTLVLATE OF THE COST OF I-1IPROVE TENTS FISCAL YEAR 2012/13 KENNEDY MEADOWS BENEFIT ZONE FISCAL YEAR 2010 /11 REVENUE 1. Fund Balance 2. Assessment 3. Interest TOTAL REVENUE FISCAL YEAR 2010111 ESTLNLATED EXPENSES 1. Landscape Contractor 2. Publication & notification charges (legal) 3. Santa Clara County Collection Fee 4. Weed Abatement 5. PG &E Electric 6. San Jose Water Co.- -Water 7. Town administrative charges TOTAL EXPENSES FOR 2010/11 FISCAL YEAR 2011 112 REVENUE 1. Fund Balance 2. Assessment 3. Interest TOTAL ESTIrLATED REVENUE FISCAL YEAR 2011/12 ESTIILATED EXPENSES 1. Landscape Contractor 2. Santa Clara County Collection Fee 3. Publication & notification charges 4. San Jose Water Co.- -Water 5. Tree Contractor 6. Weed Abatement 7. PG &E Electric 8. Town administrative charges TOTAL ESTLVLATED EXPENSES FOR 2011/12 BALANCE TO CARRY FORWARD TO 2012/13 S 20,130 10,275 223 S 30,628 7,610 103 684 1,510 $ 9,907 $ 20,721 10,275 272 $ 31,268 1,965 103 474 14,400 1,510 S 18,452 S 12,816 -4- PART C ASSESSMENT ROLL FISCAL YEAR 2012/13 KENNEDY MEADOWS BENEFIT ZONE — Special Assessment No. Amount of Assessment Property Description Lott $685.00 532 -18 -050 Lot 2 685.00 532 -18 -049 Lot 685.00 532 -18 -048 Lot 685.00 532 -18 -047 Lot 685.00 532 -18 -052 Lot 6 685.00 532 -18 -063 Lot? 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 -057 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 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 Kennedy Meadows Benefit Zone of Landscaping and Lighting Assessment District No. 1. -5- KENNEDY 1 li E 1DOWS BENEFIT ZONE PROPERTY OWNERS LIST 532 -18 -047 Damore, Edward & Kimberly 532 -18 -048 Wiederhold, Robert P. and Melinda A., Trustee 532 -18 -049 Daboll, Peter and Karen 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 K. 532 -18 -055 Suzuki, Martin T. and Jeanette W. 532 -18 -056 Matthews, Beverly K & Torrence L. 532 -18 -057 Beer, Jatnes A and Lael L. Trust 532 -18 -058 Cali, Alfred and Lori 532 -18 -059 Humphries, Simon A. and Sheila H. 532 -18 -060 Merritt Trust 532 -18 -061 Schenkel, Scott and Kimberly 532 -18 -062 Van Dick, Steven M. and Deborah A., Trustee 532 -18 -063 Thomas, Kendra W. and Acme -Marie rel PART "D" Assessment Diagram Area Maintained by Kennedy Meadows Benefit Zone : : : :. ' ..... ; A i 1 ..._._ 2 . . . . . . . . . '.'. _' 3 0 .. >3 A a 7 KENNEDY ��s 4 00 102 B' g e 9 c - ;a 15 14 _,o-�a .,,1 0 5 13 a' 11 Not a ._. F - 'a y4 G _ part. LU O O i- 1 � � N A F ° ROES R I�Rv NORiH Not To Scale Kennedy Meadows Benefit Zone Landscaping & Lighting Assessment District No. 1 -7-