1996-046-Annexing Santa Rosa Heights Open Space Area Into Landscaping And Lighting District #1RESOLUTION 1996 - 46
RESOLUTION OF THE TOWN OF LOS GATOS ANNEXING SANTA ROSA HEIGHTS
OPEN SPACE AREA INTO LANDSCAPING & LIGHTING DISTRICT #1, DESIGNATING
IT AS SANTA ROSA HEIGHTS BENEFIT ZONE, AND ESTABLISHING CAPITAL
RESERVE AND CREDIT FUND FOR PREEXISTING FUNDS IN OPEN SPACE
MAINTENANCE DISTRICT 92
WHEREAS, property owners within the Town of Los Gatos Open Space
Maintenance District 42 (Santa Rosa 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 #2 account and this fund balance should be devoted to providing 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 Santa Rosa Heights Benefit Zone as shown on Exhibit B hereto is hereby
confirmed, established and annexed to Landscaping & Lighting District 41, effective April 15,
1996.
B. The purpose of the Santa Rosa 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 #2, which is being
dissolved concurrently with the annexation of the Santa Rosa Heights Benefit Zone, shall set
aside to establish a reserve for replacement and restoration of the capital improvements and
landscaping in the open space and to return excess funds to the property owners of the open
space as shown on Exhibit B here to as follows:
1. $12,000 of the unappropriated balance shall be made a capital reserve for use in
case of substantial dainage to the open space occurs or replacement of fixtures or planting
materials is required in future years.
2. The rest of the unappropriated balance shall be returned to the property owners.
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.
2
E. The assessments for Fiscal Year 1996 -1997 on each parcel within the Santa Rosa
Heights Benefit Zone shall be $540 per parcel as stated in Exhibit A hereto.
F. 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 15th day of April, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: Joanne Benjamin
ATTEST:
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CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
ASSESSMENT ROLL
FISCAL YEAR 1996 -1997
SPECIAL
ASSESSMENT
AMOUNT OF
PROPERTY
NUMBER
ASSESSMENT
DESCRIPTION
1
$540.00
537 -31 -001
2
540.00
537 -31 -002
3
540.00
537 -31 -003
4,
540.00
537 -31 -004
5
540.00
537 -31 -005
6
540.00
537 -31 -006
7
540.00
537 -31 -007
8
540.00
537 -31 -008
9
540.00
537 -31 -009
10
540.00
537 -31 -010
11
540.00
537 -31 -011
12
540.00
537 -31 -012
13
540.00
537 -31 -013
14
540.00
537 -31 -014
15
540.00
537 -31 -015
TOTAL ASSESSMENT 8,100.00
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.
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Exhibit A
Exhibit B
Open Space Areas
To Be Maintained
12
13 I5 14
LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 1
Santa Rosa Heights Benefit Zone
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