COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

July 16, 2004

BOARD MEETING DATE:

July 27, 2004

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Street Tree Maintenance on the Alameda de las Pulgas Generally between Ashton Avenue and Harkins Avenue -West Menlo Park Area

Recommendation

Adopt a resolution:

A.

declaring your intention to form a street tree maintenance district and to assess the parcels within the proposed district for the cost of maintaining trees to be planted within the streetscape area on the Alameda de las Pulgas;

B.

setting a time and place for a public hearing to consider any and all objections to the formation of said maintenance district and the levying of assessments (9:00 a.m., September 14, 2004);

C.

authorizing the Director of Public Works to send to all property owners within the proposed district:

a)

a notice of the time and date of said public hearing pursuant to Section 5820 et. seq. of the Streets and Highways Code and Section 53753 et. seq. of the Government Code; and

b)

a ballot as provided by Section 53753 of the Government Code which may be used by the property owners to indicate their support or opposition to being assessed for the cost of maintaining said trees; and

D.

appointing the Clerk of the Board to oversee the tabulation of the ballots by Public Works.

Previous Board Action

Ø

Authorized the planting of street trees in conjunction with the streetscape improvements that were constructed on the above-described section of the Alameda de las Pulgas, if the property owners in the surrounding area approved of being assessed to finance the maintenance of said trees, including the planting of any replacement trees.

Ø

Authorized the transfer of $17,000 from the General Fund Departmental Reserves to Engineering Services to finance the process to:

a.

determine the proposed assessments;

b.

form a street tree maintenance district; and

c.

conduct balloting to determine if the property owners within the proposed district are willing to finance the maintenance of the trees as described above through a balloting process.

Key Facts

Ø

Section 5820 et. seq. of the State of California Streets and Highways Code provides that a county board of supervisors may by resolution:

a.

declare its intention to form a maintenance district and have all the expenses of the district to be a cost to the properties located within said district; and

b.

set a time and date of a public hearing where the board of supervisors considers any and all protests to the formation of the district and the levying of assessments.

Ø

Section 53750 et. seq. of the Government Code, which were promulgated pursuant to changes in the State Constitution as approved by the voters with the passage of Proposition 218, requires a public hearing and a ballot on any new property fee or assessment which is not sewer, water or garbage related.

Ø

Section 53750 et. seq. of the Government Code also provides that a public hearing to consider any and all protests to the levying of assessments must be held no sooner than 45 days after the property owners are noticed of a public hearing to consider the levying of the proposed assessments.

Discussion

The area to be included in the street tree maintenance district follows the boundaries as presented to your Board when you considered and approved the advancement of funds to process the proposed formation of the district. We have also prepared the Engineer’s Report that meets the requirements of the Government Code and have calculated the assessments for each parcel within the boundaries of the proposed district by estimating the cost of maintenance of approximately 47 trees over a 20-year time frame.

Property owner ballots have also been prepared that meet the requirements of Section 53573 of the Government Code and will be mailed to the property owners together with a letter explaining the proposed street tree maintenance district and the assessments, if your Board decides to proceed with setting the required public hearing.

Next Steps

We are recommending that a public hearing be set to hear any and all protests on the formation of the maintenance district and the levying of assessments. The public hearing would then be closed and continued to a date certain as the Government Code provides that the ballots as described above, cannot be opened and tabulated until after the close of the public hearing. The Government Code also provides that an impartial person as determined by your Board shall be appointed to tabulate the ballots received for or against the levying of assessments. We are recommending that the Clerk of the Board be directed to oversee the tabulation of the ballots by Public Works to insure that there is no challenge to the tabulation of the ballots based on the impartiality requirement of the Government Code.

We would then move forward with the planting of the street trees if the tabulation of ballots affirms the levying of assessments and if your Board decides that the district should be formed.

Vision Alignment

We believe our recommendations are consistent with the Shared Commitment to be a “responsive, effective and collaborative government,” and Goal Number 20, “government decisions are based on careful consideration of future impact, rather than on temporary relief or immediate gain,” as proceeding with the proposed assessment district process is based on the resolve of the property owners to approve the assessments to improve the overall appearance of the business district, which is seen as a focal point for the surrounding neighborhoods.

Fiscal Impact

We calculated the assessment for each parcel on a per parcel basis, with the commercial properties on the Alameda de las Pulgas and within the area where trees are proposed to be planted, paying for approximately 5% of the costs; and all other parcels in the assessment district area paying for 95% of the costs. These costs were estimated for a 20-year period and then annualized in order to meet the requirement of Section 53753 et. seq. of the Government Code. We also included in the first five (5) years of the assessment payments, the reimbursement of the funds including interest, that were advanced by the General Fund to finance the formation of the district and the ballot process. The assessment payments also include the cost of placing the assessment payments on the tax bill that is charged by the Controller - approximately $0.30 per parcel per year.

The “not-to-exceed” assessment payment per parcel for the 20-year tree maintenance for residential property is $164.40 per parcel, or $11.40 per parcel per year for the first five (5) years and $7.16 per parcel per year for years six (6) through twenty (20) inclusive. The “not-to-exceed” assessment payment per parcel for the 20-year tree maintenance for commercial property is $642.90 per parcel, or $45.00 per parcel per year for the first five (5) years and $27.86 per parcel per year for year six (6) through twenty) 20 inclusive. The calculations are included in the Engineer’s Report.

The Government Code requires that we notify the property owner of the maximum assessment to their property. The assessments as calculated include a contingency and any excess funds collected will be deposited in the street maintenance district and be used to pay the cost of maintaining the trees.

The cost of purchasing and installing the trees is estimated at $20,000 and your Board previously determined that this would be paid by the County. We are recommending that 1/2 Cent Transportation Funds be used to pay these costs.

The initial impact to the General Fund is the advancement of the $17,000 approved by your Board. These funds will be paid back with interest if the property owners approve of being assessed and the maintenance district is formed. The General Fund will not recoup the funds advanced if the property owner do not approve of being assessed for the maintenance of the trees.

A form of resolution and a proposed ballot have been approved by County Counsel.

A copy of our report has been sent to the representatives of the community task force and to the commercial property owners in the streetscape area. All property owners will receive the notice of the public hearing and the ballot if a resolution is approved by your Board.