2016-001 - Preliminary Determination & Intention to Establish the Underground Utility District & to Provide for a Public HearingRESOLUTION 2016 -001
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OF PRELIMINARY DETERMINATION AND INTENTION TO ESTABLISH
THE UNDERGROUND UTILITY DISTRICT AND TO PROVIDE FOR A
PUBLIC HEARING
WHEREAS, the Town Council of the Town of Los Gatos hereby preliminarily
determines that the public necessity, convenience, health, safety and welfare require, and it is the
intention of the Council pursuant to Chapter 15.04 of Title 15 of the Los Gatos Municipal Code
to order the establishment of an underground utility district; and
WHEREAS, the name of the proposed district is "The Los Gatos Boulevard
Undergrounding District from South of Lark Avenue to Chirco Drive" of the Town of Los Gatos;
and
WHEREAS, the district includes all overhead utilities located in the area comprising the
proposed district located on Los Gatos Boulevard between Lark Avenue and Chirco Drive,
as more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that:
1. NOTICE IS HEREBY GIVEN that on March 1, 2016, hour of 7:00 P.M., in the
regular meeting place of Town Council, Council Chambers, Town Hall, 110 E. Main Street, Los
Gatos, California, is hereby fixed as the time and place when and where the Council shall hear
all protests and receive evidence for and against the action herein proposed, and when and where
the Council shall consider finally determining whether the public necessity, convenience, health,
safety and welfare require the establishment of the district, and the underground installation of
electric and communication facilities.
2. At the hearing, all persons interested shall be given an opportunity to be heard. The
hearing may be continued from time to time as may be determined by the Council.
3. At the hearing, the Council will take evidence and consider the question of whether
such undergrounding is in the general public interest for one or more of the following reasons:
a) Such undergrounding will avoid or eliminate an unusually heavy
concentration of overhead distribution facilities; and
b) The streets or roads or rights -of -way are extensively used by the general
public and carry a heavy volume of pedestrian and vehicular traffic.
c) The streets or roads or rights -of -way adjoin or pass through a civic area.
BE IT FURTHER RESOLVED THAT:
1. The Clerk Administrator shall cause a copy of this Resolution to be published twice in
the official newspaper for publication of legal notices of the Town of Los Gatos and shall cause
copies of this Resolution to be posted on each side of the street in each block or portion of block
within the area affected; the posting and first publication to be had and completed at least ten
(10) days before the date of hearing.
2. The Clerk Administrator shall also cause copies of this Resolution to be mailed to the
owners of the property affected at their addresses as it appears on the last equalized County tax
roll, or, in the case of transfers, as appears from the records of the County Assessor, or as known
to the Clerk Administrator, and deposited in the United States mail, postage prepaid; and shall
also cause copies of this Resolution to be mailed to each public utility affected at its office in the
Town and deposited in the United States mail, postage prepaid, at least ten (10) days before the
date of hearing.
3. The Clerk Administrator shall also cause copies of this Resolution to be served on the
occupants of the property affected by leaving a copy thereof with the occupant, if there is one,
and if not, by leaving a copy of this Resolution at the premises or mailing a copy to the owner at
the address of record, at least ten (10) days before the date of hearing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 19a' day of January, 2016 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector
NAYS:
ABSENT:
ABSTAIN: i-
SIGNED:
OF LMGATOS
ATTEST:
LOS
TE: ( •/�j
CLERK A.DMINARATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
APPROVED AS TO FORM AND LEGALITY:
Robert Schultz, T n ttorney
Resolution 2016 -001 January 19, 2016
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EXHIBIT A