SUBJECT: PUBLIC HEARINGS FOR THE REAUTHORIZATION OF MAINTENANCE DISTRICTS 4, 9 AND 11
COUNCIL DISTRICT: 2, 3, 4
1. Conduct a public hearing for the reauthorization and modification of Maintenance District 4 (Gateway Place – Airport Parkway), and at the close of the public hearing direct the City Clerk to tabulate the property owner ballots and report the results at the August 7th Council meeting.
2.
Conduct a
public hearing for the reauthorization and modification of Maintenance District
9 (Santa Teresa – Great Oaks), and at the close of the public hearing direct
the City Clerk to tabulate the property owner ballots and report the results at
the August 7th Council meeting.
3. Conduct
a public hearing for the reauthorization and modification of Maintenance
District 11 (Brokaw Road from Junction Avenue to Old Oakland Road), and at the
close of the public hearing direct the City Clerk to tabulate the property
owner ballots and report the results at the August 7th Council
meeting.
These districts had been approved for five-year terms which will end June 30, 2001 and must now be modified and reauthorized in compliance with the procedures of Proposition 218. The Engineer’s Report and proposed district boundary map for each district are available in the City Clerk’s Office for public examination.
Maintenance
District 4
Maintenance
District 4 was established August 23, 1977 to maintain landscaped street
islands, plus a storm pump facility in a commercial development easterly of the
airport. Maintenance of the storm pump
facility is now funded by the storm drainage fee and not by the assessment
district. Landscaped street islands on
Metro Drive and the parcels along Metro Drive and Technology Drive are proposed
to be added to the district.
Maintenance District 9
Maintenance
District 9 was established June 16, 1981 to maintain landscaped street islands,
plus streetside frontage landscaping on the northern side of Santa Teresa
Boulevard from Liska Lane to the western boundary of the park in a south San
José commercial/industrial development northeasterly of Santa Teresa Boulevard
and Cottle Road. Additions of
commercial/industrial property adjacent to islands already maintained by the
district are proposed.
Maintenance District 11
Maintenance
District 11 was established June 19, 1984 to maintain landscaped street islands
with fountains in a northeast San José commercial/industrial development. It is proposed that this district’s
boundaries be adjusted to reflect recent property reconfigurations on the
southeast corner of Brokaw Road and Highway 880 and southwest corner of Brokaw
Road and Old Oakland Road.
On May 8, 2001,
the City Council adopted Resolutions 70339 for District 4, 70340 for District
9, and 70341 for District 11, which preliminarily approved the Engineer’s
Reports for the districts; set public meetings on June 19, 2001; set public
hearings on June 26, 2001 for tabulation of the property owner ballots; and
directed that the ballots and notices of said meetings and hearings be mailed
to property owners within each district.
On May 11, 2001,
ballots and notices of the public meetings and hearings were mailed to property
owners in each of the maintenance districts.
The mailing was completed prior to the legal minimum requirement of 45
days before this hearing. As a result,
property owners in each district have contacted staff with inquiries about the
assessment procedure and have been submitting ballots to the Clerk.
The Departments of
Transportation and Public Works conducted neighborhood information meetings for
each district to discuss the services provided by the district, to provide
additional information and address public concerns. These meetings were held at various times between June 4 and June
12, 2001.
On June 19, 2001,
the City Council conducted a public meeting for each district to receive and
record any public comment presented.
At these June 26,
2001 public hearings, the City Council will receive additional public comments,
and at the close of each public hearing direct the City Clerk to tabulate the
ballots. Each ballot is 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.
Assuming majority
approval of the assessments, the final actions on August 7th will be
adoption of a resolution for each district declaring the ballot tabulation
results, approving the Engineer’s Report, the base assessment and the annual
adjustment and impose the assessments on those properties within each
respective district as described in the Engineer’s Reports. The assessments will be collected through
the Santa Clara County secured property tax bills in addition to direct
invoicing publicly owned properties.
The Departments of
Transportation and Public Works conducted public information meetings for
Maintenance Districts 4, 9 and 11 between June 4 and June 12. Staff has been addressing telephone
inquiries on an ongoing basis.
This memorandum and related documents were prepared in cooperation with the Department of Transportation and the Office of the City Attorney.
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 City’s cost
for standard maintenance of street islands on major thoroughfares within each
district for the 2001‑02 fiscal year.
Each year the contribution will be evaluated based on the expected cost
for standard city maintenance for that year.
Maintenance District 4
Airport Parkway street islands - $6,795
Maintenance District 9
Santa Teresa Boulevard, San Ignacio Avenue and Cottle Road street islands - $27,144
Maintenance District 11
Brokaw Road street islands - $7,346
Costs incurred by
the City for the reauthorization of the districts will be charged to the
existing districts. If the districts
are reauthorized, they will continue to pay all special benefit maintenance
costs. If not reauthorized, the
maintenance costs will shift to the General Fund, requiring a reevaluation of
the level of maintenance provided.
RAJEEV BATRA
Acting Director, Public Works Department