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HomeMy WebLinkAboutTC Agd Pkt 2015-07-01 (4)TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 1, 2015 Agenda Item: p f „ STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Department of Public Works Recommendation to Approve a Resolution Continuing the Cypress Hollow Lighting & Landscaping District Assessment for FY 2016 BACKGROUND In 1998, the residents of Cypress Hollow petitioned and received approval from the Local Agency Formation Commission for annexation from unincorporated Marin County into the Tiburon Town Limits. Since 1990, the County of Marin had maintained and operated a Landscaping and Lighting District in Cypress Hollow. In 1998, the Tiburon Town Council and the Marin County Board of Supervisors passed a joint resolution transferring jurisdiction of the Cypress Hollow Landscape and Lighting District to the Town of Tiburon. The resolution also transferred the financial resources and documentation associated with operation, maintenance and funding to the Town. Based on this resolution, the Town of Tiburon has maintenance responsibility for: 1. The 25 foot sanitary sewer easement landscape and irrigation on the east boundary; 2. Entry landscaping and the 30 foot storm drainage easement on the southwesterly boundary and irrigation system; and 3. Ownership and maintenance of the park site. Since 1998, the Town of Tiburon has continued the operation and maintenance activities of the Cypress Hollow Landscaping and Lighting District and assessed the residents the cost thereof. ANALYSIS The California Streets and Highways Code requires the Town to publicly notice the affected residents annually in order to continue the Landscaping and Lighting Assessment District. The Town must provide the residents an opportunity to submit either written or oral protests. On May 20, 2015, the residents of Cypress Hollow were sent a notice of this evening's public hearing via U.S. Mail. As of the writing of this report, the Town has not received any inquiries on the proposed assessment. There is no change in the amount of the assessment since incorporation, which is $378 per year. TOWN OF TIBURON PAGE 1 OF 3 r lwvn Council \heti .July 1, 2015 FINANCIAL IMPACT The Cypress Hollow Landscape and Lighting District generates about $ 16,632 per year. The table below shows past year expenditures and the budget for next year. Cypress Hollow Expenditures 2011/12 2012/13 2013/14 2014/15 2015/16 Actual Actual Actual Estimated Budget Contractual Services (Cost Recovery) $13,800 $14,000 $14,000 $14,000 $14,000 Landscape Grounds & Materials $0 $467 $80 $250 $500 Tree Maintenance $0 $0 $0 $0 $0 Water-MMWD $1,734 $1,706 $1,659 $2,224 $2,000 TOTAL DEPARTMENT $15,534 $16,173 $16,739 $16,474 $16,500 Note that there is a small surplus in most years. This has generated a reserve of about $30,000, which is used for larger projects. Special trimming is needed about every four years and can cost up to $6,500. Additionally, the park infrastructure needs renewal about every 20 years. In 2009, the Town spent $40,000 rehabilitating the park area. The $14,000 cost recovery is an average of about 5 hours per week for a Parks Maintenance employee. This compares favorably with the Marin County budget from Fiscal Year 1996/97. For FY 1996/97, the assessment report from Marin County estimated the following costs for the maintenance and operation of Cypress Hollow LLD: Miscellaneous Maintenance $2.500 Miscellaneous Fees $88 Contractual Services, Monthly Maintenance $8,728 Water $2.300 Indirect County Overhead $5,733 Contingencies (carry over) $8,564 Total Expenditure $27,913 Note that even without the contingencies line item, this County budget was $19,349, or about 17% more than the Town's budget for FY 2015/16 — 19 years later. Staff believes that the Cypress Hollow development is receiving a good value from the Town of Tiburon. Cypress Hollow Park is unique among neighborhood parks in Tiburon. It is the only neighborhood park that is manicured. It is the only neighborhood park with a play set for children. The park is a well use amenity benefitting the residents of Cypress Hollow. Last year, one resident spoke against the assessment at the Town Council meeting. Prior to last year, no resident had ever spoken or written in protest to the assessment. There are 44 parcels in the LLD and the LLD has been in the Town since 1998, 17 years. That is a (1/ (17*44)) = 0.13% protest rate. l own C"oundl \licting July 1, 2015 The resident who spoke against the LLD assessment last year said that he had been told by the developer that the assessment would be paid for in a few years and then disappear. A disappearing assessment would normally be to fund the cost of initial construction. It is clear from 1997 Marin County documents that the assessment is for "landscape services" for the "operation and maintenance" of these areas, not initial construction. The levy of the annual lighting and landscaping assessment provides a funding source for the cost of Town maintenance of the park and any required improvements. Without this source of funding, these costs would be paid for from the General Fund. RECOMMENDATION Staff recommends that the Town Council: 1. Conduct a public hearing to hear any protests on the intent to levy the annual assessment, and 2. Move to adopt the resolution continuing the Cypress Hollow Lighting and Landscaping District for FY 2015-16 Exhibits: Draft Resolution continuing the maintenance and operation of the Landscape and Lighting District in the Cypress Hollow Subdivision for Fiscal Year 2015-16 Prepared By: Patrick Barnes, Director of Public Works I':1e,x,I RESOLUTION NO. ##-2015 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONTINUING MAINTENANCE AND OPERATION OF THE LANDSCAPE AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION WHEREAS, the County of Marin has maintained and operated a Landscape and Lighting District in Cypress Hollow, and received assessments from the parcels therein for the purpose of operating and maintaining the following areas: (1) landscaping and irrigation of the sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30' storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow Development; and WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and WHEREAS, the Town of Tiburon, having completed annexation of the parcels in the Cypress Hollow District, herein states its intention to continue the operation and maintenance activities of the Cypress Hollow Landscape and Lighting District heretofore the responsibility of the County of Marin. NOW THEREFORE IT IS RESOLVED, as follows: Section 1. The special assessment levy for the District is established as follows, for continued operation and maintenance District: 034.012.56220 Rancho Dr. 034.012.57110 Monterey Dr. 034.392.0210 Cypress Hollow. 034.392.0320 Cypress Hollow 034.392.0430 Cypress Hollow 034.392.0540 Cypress Hollow 034.392.0650 Cypress Hollow 034.392.0760 Cypress Hollow 034.392.0870 Cypress Hollow 034.392.0980 Cypress Hollow 034.392.10145 Rancho Dr. 034.393.01110 Rancho Dr. 034.393.02120 Rancho Dr. 034.393.03130 Rancho Dr. 034.393.04140 Rancho Dr. 034.393.05150 Rancho Dr. 034.393.06160 Rancho Dr. 034.393.07170 Rancho Dr. 034.393.08180 Rancho Dr. 034.393.09190 Rancho Dr. 034.393.10200 Rancho Dr. 034.393.11210 Rancho Dr. $378.00 034.394.01 $378.00 034.394.02 $378.00 034.394.03 $378.00 034.394.04 $378.00 034.394.05 $378.00 034.394.06 $378.00 034.394.07 $378.00 034.394.08 $378.00 034.394.09 $378.00 034.394.10 $378.00 034.394.11 $378.00 034.394.12 $378.00 034.394.13 $378.00 034.394.14 $378.00 034.394.15 $378.00 034.394.16 $378.00 034.394.18 $378.00 034.395.01 $378.00 034.395.02 $378.00 034.395.03 $378.00 034.395.04 $378.00 034.395.05 10 Monterey Dr. 20 Monterey Dr. 30 Monterey Dr. 40 Monterey Dr. 50 Monterey Dr. 60 Monterey Dr. 70 Monterey Dr. 80 Monterey Dr. 90 Monterey Dr. 100 Monterey Dr. 60 Baccharis P1. 50 Baccharis Pl. 40 Baccharis Pl. 30 Baccharis Pl. 20 Baccharis PI. 10 Baccharis PI. 185 Rancho Dr. 35 Monterey Dr. 45 Monterey Dr. 55 Monterey Dr. 65 Monterey Dr. 75 Monterey Dr. $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 $378.00 Total assessment charge to the parcels of the District: $ 16,632.00. Tiburon Town Council Resolution No. ##-2015 07/01/2015 1 Section 2. The estimated District budget for Fiscal Year 2014-2015 provides for continuing operating functions, and reserves funds for capital maintenance: Amount Contractual Services $14,000 Materials & Supplies 500 Water 2.000 Total Estimated Budget: $16,500 To reserves $132 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on July 2, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: FRANK DOYLE, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. ##-2015 07/01/2015 2