1993-169-Initiating Proceedings To Annex The Hillbrook Area Into Landscaping & Lighting District No. 1RESOLUTION 1993 -169
INITIATING PROCEEDINGS TO
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, this conversion would appear to result in an equitable apportionment
of costs of maintaining the open space 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 find balance should be devoted to providing maintenance to
the open space area for which it was assessed and deposited, and
WHEREAS, it is important that a capital replacement fund be established for the
new Benefit Zone in order to ensure that capital funds are available when the end of the
service life of the irrigation and hardscape of the open space area is reached, and
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,
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
A. Proceedings to form the Hillbrook Benefit Zone as described in Exhibit A hereto
of the Town Landscaping & Lighting District #1 are hereby initiated.
B. The Town Manager is ordered to prepare and file a report in accordance with
Article 4 of Chapter 1 of the Landscaping & Lighting District (commenciung with Streets
& Highways Code § 22565) and Streets & Highways Code § 22586.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 15th day of November, 1993, 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:
a=F�THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOW]q OF'iOS GATOS
LOS GATOS, CALIFORNIA
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Exhibit "A"
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OPEN SPACE DISTRICT NO.
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