HomeMy WebLinkAbout40-10 • •
RESOLUTION NO. 40-10
RESOLUTION CONFIRMING ENGINEER'S REPORT FOR
EASTBROOK SUBDIVISION TRACT 5801
CONTRACTUAL ASSESSMENT DISTRICT NO. 2010-1,
CONFIRMING FINAL ASSESSMENTS AND
AUTHORIZING RECORDING TO CREATE
CONTRACTUAL ASSESSMENT DISTRICT NO. 2010-1
WHEREAS, California Streets and Highways Code, Sections 5898.10, et seq. authorizes
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the legislative bodies of public agencies to designate an area within which public agency officials
and property owners may enter into voluntary contractual assessments for public improvements;
and,
WHEREAS, the Eastbrook Subdivision Tract 5801 ("Subdivision") is within the sanitary
sewer service area of the Town of Los Altos Hills, and was historically served by a sanitary
sewer line that was installed on a temporary basis, and which flowed through a siphon that
crossed under Permanente Creek; and
WHEREAS, pursuant to the Agreement by Owner and or his Successors in Interest to
Construct Future Sanitary Sewer Improvements dated November 10, 1976, owners of property in
the Town's Subdivision are obligated to construct a new sanitary sewer line; and
WHEREAS,to fulfill this obligation seven (7) of the Eastbrook Subdivision Successors
in Interest("Participating Property Owners") voluntarily entered into Loan Agreements with the
Town of Los Altos Hills, by which the Town agreed to loan to the Participating Property
Owners, the funds required to install the sanitary sewer improvements; and the Participating
Property Owners agreed and willingly consented to an assessment pursuant to California Streets
and Highways Code, Sections 5898.10, et seq.; and
WHEREAS, as agreed to in the Loan Agreements with the Participating Property
Owners, at a regular meeting on July 15, 2010, the City Council for the Town of Los Altos Hills
adopted a Resolution of Intention, pursuant to California Streets and Highways Code, Section
5898.20(b); and
WHEREAS, the Resolution of Intention determined that it would be convenient and
advantageous to designate an area within the Subdivision encompassing the Participating
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Property Owners parcels and allowing Participating Property Owners to enter into voluntary
contractual assessments, identified and approved the boundaries and seven parcels to be included
in the Eastbrook Subdivision Tract 5801 Contractual Assessment District No. 2010-1, directed
City Engineer/Public Works Director Richard Chiu, to prepare the report required by California
Streets and Highways Code Section 5898.22 ("Report"), and set the date and time for a public
hearing to consider confirming the Report; and
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WHEREAS, on August 6, 2010,the City Council held a lawfully noticed Public Hearing
to allow interested persons to object to or inquire about the proposed voluntary contractual
assessment, and to consider the Report; and,
WHEREAS,the City Council desires to confirm the Report, confirm the assessments,
and submit the voluntary contractual assessments described in this Resolution to the Santa Clara
County Tax Collector for collection on the tax roll, in accordance with the terms and period
described herein.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby
RESOLVE as follows:
1. The foregoing recitals are true and correct and made a part of the Resolution.
2. The documents and other material constituting the record for these proceedings
are located at the Engineering &Public Works Department for the Town of Los
Altos Hills, 26379 Fremont Road, Los Altos Hills, CA 94022, and in the custody
of City Engineer/Public Works Director Richard Chiu.
3. The attachments to this Resolution, including Exhibit A, Resolution of Intention,
Exhibit B, Boundaries of Eastbrook Subdivision Tract 5801 Contractual
Assessment District No. 2010-1, Exhibit C, Descriptions of Parcels included in
the Eastbrook Subdivision Tract 5801 Contractual Assessment District No. 2010-
1, and Exhibit D, Report, are each incorporated by reference and made a part of
this Resolution as if set forth fully herein.
4. It is convenient and advantageous to create the Eastbrook Subdivision Tract 5801
Contractual Assessment District No. 2010-1, a voluntary contractual assessment
district created pursuant to California Streets and Highway Code, Sections
5898.10, et seq., to finance certain sanitary sewer improvements for the Eastbrook
Subdivision Tract 5801, within the service area of the Town of Los Altos Hills,
whereby the Participating Property Owners for properties identified in Exhibit C,
have agreed and will pay as part of the County tax assessment on the properties
identified in Exhibit C, funds for the construction of the certain sanitary sewer
improvements. Payments shall be made in the amount, and for the period
specified in the Engineer's Report, terminating with a final payment as part of the
April 2023 tax assessment.
5. Pursuant to its Resolution of Intention(Resolution No.38-10, attached as Exhibit
A), the City Council indicated its intention to create the Eastbrook Subdivision
Tract 5801 Contractual Assessment District No. 2010-1, identified and approved
the boundaries and seven parcels to be included in the Eastbrook Subdivision
Tract 5801 Contractual Assessment District No. 2010-1 (attached as Exhibit B),
directed City Engineer/Public Works Director Richard Chiu, to prepare the report
required by California Streets and Highways Code Section 5898.22 ("Report,"
attached as Exhibit D); and established August 6, 2010 as the date for a public
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hearing to consider confirmation of the Report and creation of the Eastbrook
Subdivision Tract 5801 Contractual Assessment District No. 2010-1.
6. Based on the entirety of the record before it, the City Council does hereby
overrule all protests and objections to the Report, and confirms and approves the
Report and each component of it, including each exhibit incorporated by reference
in the Report, including the estimated assessments for each property, and finds
that the Report fairly and properly apportioned the cost of the improvement to
each parcel of land in the Eastbrook Subdivision Tract 5801 Contractual
Assessment District No. 2010-1, in compliance with the Loan Agreements (copies
of which are attached to the Report) by which the Participating Property Owners
agreed and willing consented to an assessment pursuant to California Streets and
Highways Code, Sections 5898.10, et seq.
7. Based on the entirety of the record before it,the City Council does hereby
overrule all protests and objections to the creation of the Eastbrook Subdivision
Tract 5801 Contractual Assessment District No. 2010-1, and creates the
Eastbrook Subdivision Tract 5801 Contractual Assessment District No. 2010-1, in
accordance with the terms described in the Report.
8. The City Clerk is hereby authorized and instructed to transmit this Resolution,
and any and all needed Exhibits hereto, and to transmit and file any other
necessary documents, to the Santa Clara County Tax Collector, or designee, such
that the charges set forth in the Report will be included on the Santa Clara County
Tax Roll for the Tax Year 2010-2011, and subsequent years in an amount and for
a period as described in the Report.
9. In accordance with California Streets and Highways Code, Section 5898.24(c),
the City Council designates the City Engineer/Public Works Director as person
responsible for annually preparing the current roll of assessment obligations by
assessor's parcel number on property subject to this voluntary contractual
assessment, and determines that preparation, submission, and filing of the roll of
assessment obligations in future years shall not require further action or approval
of the City Council,provided that the roll of assessment obligations prepared,
submitted, and filed pursuant to this Resolution, is consistent with the Engineer's
Report, including the terms and conditions of the Eastbrook Subdivision Tract
5801 Contractual Assessment District No. 2010-1.
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PASSED AND ADOPTED this 6th day of August, 2010 by the following vote:
AYES: Mayor Kerr, Mayor Pro Tern Larsen, Councilmember Mordo
Councilmember Summit and Councilmember Warshawsky
NOES: None
ABSENT: None
ABSTAIN: None
- - Bree ipir, Mayor
AT EST:
Karen Jost " erk
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