Subject: ELECTION
RESULTS FOR MAINTENANCE DISTRICTS 4, 9, 11, 19 AND 20
COUNCIL DISTRICT: 2, 3,
4
SNI AREA: N/A
a. Direction
to the City Clerk to report the ballot tabulation results for:
1. Maintenance District 4 (Gateway Place –
Airport Parkway)
2. Maintenance District 9 (Santa Teresa – Great
Oaks)
3. Maintenance District 11 (Brokaw Rd from Junction
Ave to Old Oakland Rd)
4. Maintenance District 19 (River Oaks Area Landscaping)
5. Maintenance District 20 (Renaissance - North
First Landscaping)
b. Adoption of resolutions approving the Fiscal
Year 2001-2002 Engineer’s Reports, and approving the base assessment with an
annual adjustment and imposing the assessments for:
1. Maintenance
District 9
2. Maintenance
District 11
3. Maintenance
District 19
4. Maintenance District 20
c. Direction
to City staff to begin the process of forming a new district to replace
Maintenance District 4.
Maintenance Districts 4, 9 and 11 had been approved for five year terms which ended June 30, 2001 and must now be reauthorized and in some cases modified in compliance with the procedures of Proposition 218.
Maintenance Districts 19 and 20 are new districts being formed at the request of the property owners because the previous districts did not receive voter approval.
On May 8, 2001,
the City Council adopted resolutions for Districts 4, 9, 11, 19 and 20, which
preliminarily approved the Engineer’s Reports for the districts and set public
meetings on June 19, 2001.
Additionally, on June 26, 2001, Council conducted public hearings for
each district to receive public comments, during which no comments were
voiced. At the close of the hearings,
Council ordered the City Clerk to commence tabulation of the ballots and to
report the election results at this August 7, 2001 meeting.
Each ballot has
been weighted according to the proportional financial obligation of the
affected property. In order for each
district to continue maintenance, a majority of the ballots cast by the
qualified electors for that district must be in favor of the assessments.
For districts
receiving majority approval based on their assessments, the final action is
Council’s adoption of a resolution for each district declaring the ballot
tabulation results, approving the Engineer’s Report, the base assessment with
an annual adjustment and imposing the assessments on those properties within
each respective district as proposed in its Engineer’s Report. The assessments will be collected through
the Santa Clara County secured property tax bills in addition to direct
invoicing of publicly-owned properties.
Maintenance
Districts 9, 11, 19 and 20 were approved by the property owners subject to the
assessments. Approximately 50% of the
ownership within each of these districts returned ballots. Maintenance District 4, however, only
received one ballot which was in opposition to the district and therefore, did
not receive voter approval. The
contingency funds remaining in the district may continue to be expended for
district purposes. It is likely that
all remaining funds will be expended
and maintenance will cease by June 30, 2002. Public Works has been contacted by a property owner in District 4
representing approximately 60% of total proposed assessments that was unable to
return its ballots prior to the deadline.
This owner is requesting that a new district be formed to replace
Maintenance District 4. If the
formation process for a new district begins soon, a smooth transition of the
maintenance services from District 4 to the new district, if approved, may be
achieved.
The Department of Public
Works will mail notification of the election results to the property owners in
each respective district. Property
owners in proposed Maintenance Districts 19 and 20 who have provided their
e-mail addresses will also be notified electronically by the Departments of
Transportation and Public Works. For
voter-approved districts, a Notice of Assessment will be filed with the County
identifying each property with its associated assessment.
This memorandum and related documents were prepared in cooperation with the Office of the City Attorney and the Department of Transportation.
The Engineer’s
Reports have determined that there are general benefit costs to be paid each
year by the City from the General Fund or other funds that may be generally
available to the City. The general
benefit contributions for the following districts are to pay the cost the City
would have otherwise incurred for standard maintenance of street islands on
major thoroughfares within each district for the 2001‑2002 fiscal
year. Each year the contribution will
be evaluated based on the expected cost for standard City maintenance for that
year.
Maintenance District 9
Santa Teresa Boulevard, San Ignacio
Avenue
and Cottle Road street islands $ 27,144.00
Maintenance District 11
Brokaw Road street islands $ 7,346.00
Maintenance District 19
Fire Station Assessment $ 261.44
Zanker Road street islands 7,162.00
$ 7,423.44
Maintenance District 20
North First Street street islands $ 8,790.00
Costs incurred by
the City for the reauthorization of Districts 4, 9 and 11 will be charged to
the existing districts. Reauthorized
districts will continue to pay all special benefit maintenance costs. It is anticipated that maintenance costs for
District 4, including the $6,795.00 that the City would have contributed for
Airport Parkway street islands, will revert back to the General Fund at the end
of this fiscal year, requiring a reevaluation of the level of maintenance
provided.
Costs incurred by
the City for the formation of Districts 19 and 20 will be covered by funds
previously collected by the two failed districts Maintenance Districts 19 and
20 are being established to replace.
These two new districts will assume all special benefit maintenance
costs. In District 19, the City will be
charged $261.44 for Fire Station 29 located within the district boundaries.
RAJEEV BATRA
Acting Director, Public Works Department