1994-035-Intention To Create And Annex The Hillbrook Area Into Landscaping & Lighting DistrictRESOLUTION 1994 -35
RESOLUTION OF INTENTION TO CREATE AND
ANNEX THE HILLBROOK AREA INTO LANDSCAPING &
LIGHTING DISTRICT NO. 1, DESIGNATE IT AS HILLBROOK BENEFIT ZONE,
AND ESTABLISH 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 A hereto and annex it to the Town's Landscaping & Lighting District
#1, and
WHEREAS, on February 2, 1994, the Town Council has received the Engineer's
Report recommending that the Town proceed with this request and has adopted a
resolution initiating the process, and these documents are on file with the Town Clerk
describing the 'boundaries of the benefit zone and proposed assessments, and
WHEREAS, this conversion would appear to result in an equitable apportionment
of costs of maintaining the open space area as 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
probably not be included in the new Hillbrook Benefit Zone, 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.
WHEREAS, the property owners recommend 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,
N:AS11ARE \1NPENTL &1,.P1,M I
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
A. The following times and places are fixed for public hearing at which time all
interested persons may be heard regarding the formation of the Hillbrook Benefit Zone as
shown on Exhibit C hereto of the Town Landscaping & Lighting District #1:
i. A public meeting pursuant to Government Code Section § 54594.6 at 7:30
p.m. on April 18, 1994, in the Town Council Chambers, Town Hall, 110 E.
Main Street, Los Gatos, CA.
ii. A public hearing pursuant to Streets & Highways Code § 22590 at 7:30 p.m.
on May 2, 1994, in the Town Council Chambers, Town Hall, 110 E. Main
Street, Los Gatos, CA.
Written protests may be submitted until the close of the public hearing on May 2, 1994.
B. The Clerk shall publish this Resolution of Intention in the Los Gatos Weekly
Times pursuant to Government Code § 6061 as required by Streets & Highways Code §
22552.
C. The Clerk shall also mail a notice of the public meeting and public hearing in
accordance with Government Code § 54954.6(c) to the property owners within the proposed
benefit zone.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 22nd day of February, 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
SIGNED:
MAYOR OF E TOWN OF GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN 0 O GATOS
LOS GATOS, CALIFORNIA
N:AS1JARE \INTENPL&1_PFM 2
NOTICE OF PUBLIC HEARING AND PROTEST RIGHTS ON CONVERSION OF
OPEN SPACE MAINTENANCE DISTRICT NO. 1 INTO HILLBROOK BENEFIT
ZONE OF LANDSCAPING & LIGHTING DISTRICT NO. 1
ON February 22, 1994, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ADOPTED A RESOLUTION OF INTENTION TO CONVERT OPEN SPACE
MAINTENANCE DISTRICT NO. 1 INTO THE HILLBROOK BENEFIT ZONE
OF LANDSCAPING & LIGHTING DISTRICT NO. 1.
THE SPECIFICS OF THIS CONVERSION ARE SET FORTH IN THE
RESOLUTIONS BELOW. ADDITIONAL INFORMATION ON THE
PROPOSED CONVERSION IS AVAILABLE AT THE OFFICE OF THE TOWN
CLERK, TOWN OF LOS GATOS, 110 E. MAIN STREET, LOS GATOS, CA.
THE PROPOSED ASSESSMENT IS $50 /PARCEL PER YEAR UNTIL THE
TRANSFERRED FUNDS FROM OPEN SPACE MAINTENANCE DISTRICT
NO. 1 ARE EXHAUSTED.
A PUBLIC MEETING ON THIS PROPOSAL WILL BE HELD BY THE TOWN
COUNCIL AT 7:30 P.M. ON APRIL 18, 1994, IN THE TOWN COUNCIL
CHAMBERS OF THE TOWN OF LOS GATOS, 110 E. MAIN STREET, LOS
GATOS, CA.
A PUBLIC HEARING ON THIS PROPOSAL WILL BE HELD BY THE TOWN
COUNCIL AT 7:30 P.M. ON MAY 2, 1994, IN THE TOWN COUNCIL
CHAMBERS OF THE TOWN OF LOS GATOS, 110 E. MAIN STREET, LOS
GATOS, CA.
ALL INTERESTED PERSONS WILL BE HEARD AT EACH MEETING.
PERSONS WITH QUESTIONS MAY CONTACT MICHAEL LAROCCA AT 354-
6808 OR WRITE TO DIRECTOR OF PARKS, FORESTRY & MAINTENANCE,
TOWN OF LOS GATOS, P.O. BOX 949, LOS GATOS, CA 95031.
WRITTEN PROTESTS MUST BE MADE NO LATER THAN THE
CONCLUSION OF THE PUBLIC HEARING ON MAY 2, 1994, BY MAILING
OR DELIVERING THE PROTEST TO THE TOWN CLERK, TOWN OF LOS
GATOS, 110 E. MAIN STREET, LOS GATOS, CA 95032. WRITTEN PROTESTS
ARE TO CONTAIN ALL GROUNDS FOR PROTEST AND TO DESCRIBE THE
PROPERTY OWNED BY THE PERSON FILING THE PROTEST.
IF PRIOR TO THE CLOSE OF THE PUBLIC HEARING ON MAY 2, 1994, THE
TOWN CLERK RECEIVES WRITTEN PROTESTS THAT ARE NOT
WITHDRAWN REPRESENTING PROPERTY OWNERS OWNING MORE
THAN 50 PERCENT OF THE AREA OF ASSESSABLE LANDS WITHIN THE
PROPOSED BENEFIT ZONE, THE BENEFIT ZONE WILL NOT BE CREATED
AND THE ASSESSMENTS UNDER THE BENEFIT ZONE WILL NOT BE
IMPOSED.
N: \SHARE \INCENPL &L.PFM 3
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HILLBROOK BENEFIT ZONE
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