1996-028-Annexing Vasona Heights Open Space Area Into Landscaping & Lighting DistrictRESOLUTION NO. 1996 -28
RESOLUTION OF THE TOWN OF LOS GATOS ANNEXING VASONA HEIGHTS
OPEN SPACE AREA INTO LANDSCAPING & LIGHTING DISTRICT #1, DESIGNATING
IT AS VASONA HEIGHTS BENEFIT ZONE, AND ESTABLISHING CAPITAL RESERVE
AND CREDIT FUND FOR PREEXISTING FUNDS IN OPEN SPACE MAINTENANCE
DISTRICT 93
WHEREAS, property owners within the Town of Los Gatos Open Space
Maintenance District #3 (Vasona Heights) have asked the Town to convert that District into a
Benefit Zone as shown on Exhibit B hereto and annex it to the Town's Landscaping & Lighting
District #1, and
WHEREAS, this conversion would result in a more equitable apportionment of
costs of maintaining the open space shown on Exhibit B hereto, and
WHEREAS, pursuant to Streets & Highways Code § 22608, the property owners
within the area to be annexed have requested this annexation, so long as the conditions and
procedures contained in the resolution are adopted by Council, and
WHEREAS, there is a fund balance remaining in the open Space Maintenance
District #3 account and this fund balance should be devoted to providing maintenance and a
capital reserve to the open space area for which it was assessed and deposited, and
WHEREAS, while the establishment of a capital replacement fund within the
Benefit Zone will mitigate some future assessment, the members understand that should capital
replacement of the Benefit Zone assets, whether by catastrophe, failure, or otherwise, be
necessary or desired, the property owners shall be responsible for the costs as part of the
following year's assessments which is the normal procedure for Landscaping & Lighting
Districts, and that the Town is not and may not be in a position to advance those replacement
costs, and
WHEREAS, the property owners and the Town find that the equitable
apportionment of future assessments in the new Benefit Zone should probably be based on a
uniform and equal assessment on each parcel because each of the parcels enjoys an equivalent
benefit from the open space area as shown on Exhibit B, and
WHEREAS, the new Benefit Zone should be assessed only for the maintenance,
repair, and upkeep of the open space area as shown on Exhibit B and any enlargement in the
area of this benefit zone should only occur after a resolution of intention has been adopted by
the Council, a public hearing held, the increase subjected to majority protest of the property
owners, and a determination by Council then made pursuant to the procedures of the
Landscaping & Lighting District Act of 1972.
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
A. The Vasona Heights Benefit Zone as shown on Exhibit B hereto is hereby
confirmed, established and annexed to Landscaping & Lighting District #1, effective March
18, 1996.
B. The purpose of the Vasona Heights Benefit Zone shall be the maintenance and
upkeep of the open space area as shown on Exhibit B. This purpose shall not be enlarged
without providing notice to the property owners in the Benefit Zone, adoption of a resolution
of intention, a public hearing by the Council, subjection to majority protest by the property
owners in the Benefit Zone, and adoption of a resolution of amendment to the purpose by the
Council.
C. The assessments upon the property owners in the Benefit Zone shall be equal
amount on each parcel in the Benefit Zone.
D. The funds on deposit in the Open Space Maintenance District #3, which is
being dissolved concurrently with the annexation of the Vasona Heights Benefit Zone, shall set
aside for use in the maintenance and upkeep of the open space as shown on Exhibit B here to
as follows:
1. One -half of the unappropriated balance shall be made a capital reserve for use
in case of substantial damage to the open space occurs or replacement of fixtures or planting
materials is required in future years.
2. The other half of the unappropriated balance shall be paid out for such
maintenance as a credit against any assessments levied against the property owners of the
successor Benefit Zone of Landscaping & Lighting District #1 at a rate per fiscal year so that
the assessments against individual property owners is no more than $395 per year until the
4
balance is expended.
None of these funds shall be used or transferred for any other purpose. The funds in the
account shall accrue interest as other Town accounts, and this interest shall be credited to the
account.
E. The Town Clerk is directed to file a certified copy of this resolution with the
County of Santa Clara Auditor no later than August 1, 1996.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 18th day of March, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYES: None
ABSENT: None
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3
Exhibit B
Open Space Areas
To Be Maintained
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Assessment No. —XX
LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT N0. 1
Vasona Heights Benefit Zone
B.DWG Rev.: 11/28/95 by T.D.