1994-063-Annexing Hillbrook Area Into Landscaping & Lighting District No. 1RESOLUTION 1994 -63
RESOLUTION OF THE TOWN OF LOS GATOS ANNEXING THE HILLBROOK
AREA INTO LANDSCAPING & LIGHTING DISTRICT NO. 1, DESIGNATING
IT AS HILLBROOK BENEFIT ZONE, AND ESTABLISHING A POLICY ON
CAPITAL REPLACEMENT AND CREDIT FOR PREEXISTING FUNDS IN
OPEN SPACE MAINTENANCE DISTRICT NO. 1
WHEREAS, property owners within the Town of Los Gatos Open Space
Maintenance District #1 have asked the Town to convert that District into a Benefit Zone
as shown on Exhibit C hereto and annex it to the Town's Landscaping & Lighting District
#1, and
WHEREAS, this conversion will result in an equitable apportionment of costs of
maintaining the open space area shown on Exhibit B hereto, and
WHEREAS, a small parcel (APN # 523- 11 -30) in Open Space Maintenance District
#1 is of such small size that it does not appear to benefit from the open space and should
therefore not be included in the new Hillbrook Benefit Zone, 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 this resolution are adopted by the Council, and
WHEREAS, there is a fund balance remaining in the Open Space Maintenance
District #1 account and this fund balance should be devoted to providing maintenance to
the open space area for which it was assessed and deposited, and
WHEREAS, the members of the Benefit Zone do not desire the establishment of
any capital replacement fund within the Benefit Zone, and the members understand and
agree 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 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 and
upkeep of the open space area as shown on Exhibit B, and any enlargement in the purposes
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 the Council then made pursuant to the procedures of the
Landscaping & Lighting District Act of 1972, and
WHEREAS, the liability for the property to be maintained by the assessments paid
from this Benefit Zone and its annexation to Landscaping & Lighting District #1 shall
remain with the Town, and the creation of this Zone is neither intended to nor shall it
create any independent entity capable of suing or being sued.
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
A. The Hillbrook Benefit Zone as shown on Exhibit C hereto is hereby confirmed,
established and annexed to Landscaping & Lighting District #1, effective June 2, 1994.
B. The purpose of the Hillbrook 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 by equal
amount on each parcel in the Benefit Zone.
D. The funds on deposit in the Open Space Maintenance District #1, which is
being dissolved concurrently with the annexation of the Hillbrook Benefit Zone, shall be
used to support the maintenance and upkeep of the open space area as shown on Exhibit
2
B. These funds 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 $50 per year until the 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.
F. The assessments for Fiscal Year 1994 -1995 on each parcel within the Hillbrook
Benefit Zone shall be $50.00 per parcel as stated in Exhibit A hereto.
G. 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, 1994.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 16th day of May, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
CLERK OF THE TOWN OFILOS ATOS
LOS GATOS, CALIFORNIA
PFM005:A: \CNCLRP1S \0SDISDIS.R #2 3
ASSESSMENT ROLL
FISCAL YEAR 1994 - 1995
SPECIAL
ASSESSMENT
AMOUNT OF
PROPERTY
NUMBER
ASSESSMEMT
DESCRIPTION
1
$50.00
523 -07 -007
2
50.00
523 -07 -008
3
50.00
523 -07 -009
4
50.00
523 -07 -010
5
50.00
523 -07 -011
6
50.00
523 -07 -012
7
50.00
523 -07 -013
8
50.00
523 -07 -014
9
50.00
523 -07 -015
10
50.00
523 -07 -016
11
50.00
523 -07 -017
12
50.00
523 -07 -018
13
50.00
523 -07 -019
14
50.00
523 -07 -020
15
50.00
523 -07 -021
16
50.00
523 -07 -022
17
50.00
523 -07 -023
18
50.00
523 -07 -024
19
50.00
523 -07 -025
20
50.00
523 -07 -026
21
50.00
523 -07 -027
22
50.00
523 -07 -028
23
50.00
523 -07 -029
24
50.00
523 -07 -030
25
50.00
523 -11 -018
26
50.00
523 -11 -019
27
50.00
523 -11 -020
28
50.00
523 -11 -021
29
50.00
523 -11 -022
30
50.00
523 -11 -023
31
50.00
523 -11 -024
32
50.00
523 -11 -025
33
50.00
523 -11 -026
34
50.00
523 -11 -027
TOTAL ASSESSMENT
1,700.00
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.
024a: \reports \h1brk
EXHIBIT A
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523-11-28 V
�co -ui -U7 �- � 523 -ll -27
523 -07 -09
�� 115 III
523 -07 523-11
-10 IQ Lane
N �
523 -07 �. CJI 15 2 -07 523 -07 -20 52"
523 -07 523 - / O
523 -07 LF -IB 07 -21 5�
-12 /0 �Ai
3_07
�5X3_07_ 11< �
23 UI it /L4 523_
br
2�
h'
523-11 -30
Mot to Scale
OPEN � ACE DISTRIC T1 NO. I
Exhibit "A"
kw.: 1/31/94 T,V. OViI' \�+q \OS- I -2.dwq
Hill
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HIL-1-OROOK
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OAK
OPEN SPACE AREA
Exhibit „B„
�tlosso� -; �1��p Ipo�d
LANDSCAPING & LIGHTING DISTRICT NO. 1
HIIJIJBROOK BENEFIT ZONE
Exhibit C
R—, 1131 / 99 T.P.
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