Resolution No. _______________

Board of Supervisors, County of San Mateo, State of California

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Resolution of Intention to Form the Alameda de las Pulgas Street Tree Maintenance District, and to Levy the Cost of Maintaining Street Trees as May be Accepted for Maintenance by Said District, as a Charge on the Properties within Said District – West Menlo Park Area

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

 

WHEREAS, this Board has the authority pursuant to Section 5101 et. seq. of the State of California Streets and Highways Code to order improvements in public rights-of-way including the planting of trees or other ornamental shrubs; and

 

WHEREAS, this Board authorized the planting of street trees in conjunction with the streetscape improvements that were constructed on the Alameda de las Pulgas generally between Ashton Avenue and Harkins Avenue, 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; and

 

WHEREAS, this Board advanced the funds necessary to fund the process to create a street tree maintenance district to administer the financing and maintenance of the trees that may be planted along the section of the Alameda de las Pulgas as described above, and to finance the balloting of the affected property owners to determine if the property owners are willing to be assessed for the cost of maintaining said trees; and

 

WHEREAS, Section 5820 et. seq. of the Streets and Highways Code provides for the formation of maintenance districts to administer the financing and maintenance of improvements that may be constructed including the maintenance of street trees; and

 

WHEREAS, Section 5820 et. seq. of the Streets and Highways Code further provides that a county board of supervisors may by resolution 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

 

WHEREAS, 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 balloting on any new property fee or assessment which is not sewer, water or garbage related; and

 

WHEREAS, the Director of Public Works has recommended that a street tree maintenance district be formed to be responsible for the maintenance of street trees as may be planted on that portion of the Alameda de las Pulgas area as described above, and that the costs of maintaining said trees should be assessed on the properties within said district; and

 

WHEREAS, this Board has considered the recommendation of the Director of Public Works.

 

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that

   

1.

It is the intention of this Board to form a street tree maintenance district, hereinafter to be known as the Alameda de las Pulgas Street Tree Maintenance District (District), for the purposes of maintaining street trees as may be planted along the Alameda de las Pulgas by the Department of Public Works or for the maintenance of other trees as may be accepted by this Board for maintenance, including trees that may be necessary to replace existing trees, if it is determined that property owners are willing to pay the costs of maintaining said trees.

 

2.

It is also the intention of this Board to order that the expenses associated with maintaining said trees be financed by the property owners in the area of said District, as shown on Exhibit “A” attached hereto and made a part hereof, if the property owners in said area confirm by means of a ballot as provided by Section 53750 et. seq. of the Government Code, that they will pay the cost of maintaining said trees.

 

3.

This Board hereby sets Tuesday, the 14th day of September, 2004, at the hour of
9:00 a.m., in the Chambers of the Board of Supervisors of the County of San Mateo, in the Hall of Justice and Records, 400 County Center (formerly 401 Marshall Street), Redwood City, California, as the date, time and place of a hearing when and where all persons having any objection to the formation of said District will be considered by this Board.

 

4.

The Director of Public Works is hereby ordered to send a notice in conformance with Section 53750 et. seq. of the Government Code notifying the property owners of said public hearing. Said notice shall also contain an assessment ballot as provided by Section 53750 et. seq. 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.

 

5.

The Clerk of this Board is hereby directed to oversee the tabulation of the ballots by Public Works.

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