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HomeMy WebLinkAbout6.3 Landscaping & Light Dist 83-2 CITY CLERK File # D~~31QH.2]~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 18,2006 Public Hearing: Landscapmg and Lighting District No. 83-2 (Tract 4719 - Stagecoach Road) Report Prepared by Ginger Russell, Senior Administrative Analyst SUBJECT: ATTACHMENTS: RECOMMENDATION: 1) /J.d 2) (,\{J'J' 3) 4) 5) l FINANCIAL STATEMENT: I) Resolution approvmg Engineer's Report, confirming diagram and assessment, and ordering levy of assessment Engineer's Report and Assessment Diagram Informational Newsletter 2) 3) Open public hearing Receive Staff Report Receive public comment Close public hearing and deliberate Adopt tbe resolution approving the Engineer's Report, con lirming the diagram and assessment, and ordering levy of assessment 2006-2007 Sources and Use or Maintenance Assessment District Funds Revenues Total Amount Proposed to Be Assessed. Estimated Interest Revenue. Estimated Prior Year Collections and Penalties Less Estimated Collection and Delinquencv Cost. Net Total Revenues $64,806 1,403 410 (1.102) $65,527 Expenditures. Contract Maintenance and Utilities. Administration and Engineering' Total Operating Expenses. $79,552 1.265 $80,817 COpy TO: _____~._______________R_.__R______________________________________~_________~~______________________________~ Page I of 3 ITEM NO. ----.lo...3 n:\ASSESSMENT DISTRlC'TS\83-2 Stagecuach\83~2StanRptHrg 200(l.doc The calculations include a proposed consumer price index increase of approximately 2.R% over the 2005-2006 assessment. Please see Description below regarding the source and reasons for the requested increase. Based on the ahove. $15,290 of the reserve will be used to ojf,et the difference between expenses and revenues. DESCRIPTION: In 1983, the City of Dublin fOffiled Landscapwg and Lighting Assessmcnt District No. 83-2 for the purpose of maintaining landscapmg wlthin Tract 4719 The District originally mcluded Stagecoach Park and Stagecoach Road north ofthc City Limit. but now includes only roadway landscaping along Stagccoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The maintenance cost for Stagecoach Park, as wcll as the undeveloped Dougherty Hills Park, is paid by tbe City through thc Park Maintenance Operating Budget and is not a part of this Assessmcnt District. Thc cstimatcd Junc 30, 2006, reserve for this District is projected to be $48. R97 The actual reserve will not be known until the City closes Its books and accrues the necessary revenues and cxpcnscs. The spread of assessments assigns 61.6% of the total assessment to the single-family homcs of Dublin Hills Estates and 38 4% to (he Amador Lakes Apartments. In 2003-2004, Staff conducted a mailed ballot to all of the properly owners in this District proposing an increased assessment in order to mamtain and replace certain landscaping improvements. In addition to the 10% increase in assessment rates the proposed Engmeer's Report also included an escalation clause for succeedmg years that allows lhe mamtenance cost to increase according to thc Consumer Price Index and thc utility cost to incrcasc according to thc actual cost of utilities. The assessment in the District had not been increased for ten years prior to 2003~ 2004 The rcsults of thc elcction were in favor of the increase, and the current proposed Engmeer's Report includes the approved assessment rates and a cost of livmg mcrease of 2.8%, conforming with thc April 2006 Consumer Pnce Index. The assessment (0 single-family property owners in thc Dublin Hills Estates development IS proposed to be $266.14 per single-family home, an incrcasc of $7.24 over the 2005-2006 assessment. The Amador Lakes Apartmcnts property is proposed to be assessed at a rate of $45 00 per dwelling unit, an increase of $1.22 over the 2005-2006 assessment. In 2005-2006, the planter strip along Stagecoach Road between Turquoise Street and South Lake Drive was replanted, and 20 missing or dead trees were replaced. Smce (he projected cash balance at thc end of 2006-2007 indicates the reserve will exceed thc allowable amount, Staff has included approximately $29,710 in improvcmcnts in the Street Tree Maintenance and Street Landscape Mamtenance budgets. Thc proposcd work includes replacement of 20 additional trees, renovalIon of additional bedding and ground cover areas, and construction of several retaining walls at the top of slopes where erosion is occumng. Staff will contmue to meet with representativcs of thc propcrty owners to determine which improvements are most desirable. It is recommended that the work he accomplished in the fall, whcn thc weather IS cooler Many improvements are needed in this assessment distnct, and even though there is an existing rcscrve or surplus at this time, Staff recommends that the Consumer Price Index rate of increasc bc added each year so that Improvements can be made on an ongolllg basis. The reserve also servcs as a financial cushion to Page 2 of 3 defray the cost of an unplanned event. such as an migation mainlinc break or weather~rela(ed damagc to plant matenal. A newsletter (Attachment 3) was mailed to propcrty owners the week of June 26th, and a neighborhood meeting was held on July 6th. Two rcsidents, representing one property address, attended the meeting and cxprcsscd a conccrn about slope erosion and the need for a retaining wall. Maintenance staff will address the retaining wall request immediately, and it is anticipatcd that the wall will have been IllstalIed by thc time of tillS public hearing. StaiT rccommcnds that the City Council conduct a public hearing, delibcratc, and adopt the Resolutwn approving the Engineer's Report, confirming the diagram and assessment, and ordenng levy of assessment. Page 3 00 10);,/ z. RESOLUTION NO. -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN .",,*.... APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD) WHEREAS, by its Resolution No. 045-06, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 83-2 (the "District"), this Council designated the City Engineer as Engineer of Work and OI'dered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was detennined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that July 18,2006, at 7'00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Oublin, California, was appointed as the time and place for a hearing by the COlmcil on the question of the levy of the proposed assessment, notice of which hearing was mailed, published and posted in accordance with Government Code Section 54954.6, and WHEREAS, at the appointed time and place, said hearings were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a pan of thc report of said engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of thc City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not. at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, 01' against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) Thc Oistrict benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City CIeri<, which map is made a pan hereof by refurcncc thereto. PASSED, APPROVED AND ADOPTED this 18th day ofJuly, 2006 AYES. NOES. ABSENT ABSTAINING: ArrEST Mayor City Clerk 7-18~VLD ATTACHMENT ,.. lo,~ /) " c:;^. C I t.,. I ~,.). CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719) FISCAL YEAR 2006-2007 ENGINEER'S REPORT ATrACHMENT 2. .3 6,1, / d-, TABLE OF CONTENTS 1 ENGINEER'S LETTER ............................................................................... 3 2 ESTIMATE OF COSTS................................................................................ 5 3 METI\rO~ OJF' I1IJfJJf'ORTIONMENT............................................................. tl " PARCEL LISTING...................................................................................................... 7 5 CER TTJF'TCA TIONS ......... ............ ........................................ ............ ............. 8 tj 15[, I ;;- 1 ENGINEER'S LETTER WHEREAS, on April 18, 2006, the City Council of the City of Dublin, California, pursuant to the provisions ofthe Landscaping and Lighting Act of 1972, adopted its Resolution Directing Preparation of Annual Report for Maintenance Assessment District 1983.2 for the maintenance of improvements more particularly therein described; and WHEREAS, said Resolution directed the undersigned to prepare and file a report pursuant to Section 22565, et. seq., of said Act; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the Council of said City, hereby make the following assessment to cover the portion of the estimated cost of the maintenance of said improvements and the cost and expenses incidental thereto, to be paid by said District. ~.M"~~~_ Summarv of Assessment (1) (2) (3) ~~-~~,.~~,~'" As Filed As As Finally Preliminarily Approved Approved Cost of Maintenance $ 79,552 $ 79,552 Incidental Expenses $ 35,974 $ 35,974 .--- TOTAL COSTS $11 5,526 $115,526 .,-~-~~.,.,~... Prior Year Collections & Penalties $ 420 $ 420 Estimated 2006-07 Interest Income Applied to 2006-07 Operating Cost $ 1,403 $ 1,403 Estimated Surplus from 2005-06 Fiscal Year $ 4R,897 $ 4R,897 SUR-TOTAl- $ 50,720 $ 50,720 e'" --.- I--------~-- ~- - --- AMOUNT TO BE ASSESSED FOR FISCAL YEAR 2006-2007 $ 64,806 $ 64,806 ..~..._.w."'~~'~..~_.. I I 8.(.\).. I;:;J f___ As required by said Act. a diagram is hereto attached showing the exterior boundaries of said landscaping maintenance assessment district and also the lines and dimensions of each lot or parcel of land within said landscaping maintenance assessment district as the same existed at the time of the passage of said resolution, each of which lots or parcels having been given a separate number upon said diagram. I do hereby assess the net amount to be assessed upon all assessable lots or parcels of land within said landscaping maintenance assessment district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the maintenance of said improvements, and more particularly set forth in the list hereto attached and by reference made a part hereof. Smd assessment is made upon the several lots or parcels of land within said landscaping maintenance assessment district in proportion to the estimated benefits to he received by said lots or parcels respectively from the maintenance of said improvements. The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property The scope of work shall be the maintenance of landscaping and irrigation within the road right-of-way and within a public easement along Stagecoach Road between the limits of Amador Valley Boulevard and the northerly City Limit. Further, the scope of work shall include the maintenance of the slopes and landscaping and irrigation of the slopes within a public easement for those slope areas to the rear of Lots 80 through 86 and 37 through 48, all within Tract 4719 Each lot or parcel of land assessed is described in the assessment list by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the Fiscal Year 2006-2007 and includes all of such parcels excepting those portions thereof within existing public roads or rights of way to be acquired in these proceedings for public road purposes. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County. Because the names of the several owners are unknown to me, I hereby place the word "unknown" opposite the number of each lot of parcel of land assessed, the amount assessed thereon, and the number of the assessment. Dated: Melissa A Morton, P.E. Public Works Director I ' r '-C c';-. ,).. 2 ESTIMATE OF COSTS The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2006-2007 is as follows: ,.,~""-,.._.~,. Maintenance .. Landscape Maintenance $ 69.092 Utilities $ 10.460 ~~.".~ $ 79,552 _. Incidentals Engineer's Report and Proce~!~s $ 1,265 ~.ounty of Alameda Collection Costs (1 7%) $ 1,102 ContingenciesiReserve $ 33.6J).l -~_. $ 35,974 -- '""^.~,,_..~~,~~_.- Total Estimated Co.ds $115.526 M~'~~~~'_,_~_" '7 (I;, /:J L 3 METHOD OF APPORTIONMENT The assessment spread for this District shall be calculated as follows: Sixty-one and six tenths percent (61 6%) spread equally among the 150 single-family lots; thirty-eight and four tenths percent (38 4%) spread equally among the 553 apartment/condominium lots. Lots 152 and 153, being park and open space, shall have a zero assessment. Lots 154 and 155, being public agency owned, shall have a zero assessment. To maintain service levels over time the annual maintenance cost shall be increased annually beginning in fiscal year 2005.2006, by the percentage increase in the Bay Area Urban Wage Earner Consumer Price Index ("Index") (applies to all costs except utilities), plus any actual increase in the cost of utilities (power and water). Utility costs for this year are anticipated to increase the same amount as the rate increase will be based on the Bay Area Urban Wage Earner Consumer Price Index of 2.8% for April 2005 to April 2006. SAMPLE ASSESSMENT CALCULATION FOR RATE INCREASE Using an increase in the index of2.8% and a utility increase of2.8%: MAINTENANCE COST (INCLUDING INCIDENTALS) FROM 2005.06 $110,526 LESS UTILITY COST (SUBJECT TO RATE INCREASE ONLY) ($20 061) $ 90.465 ASSESSMENT SUBJECT TO INDEX INCREASE $ 90,465 INDEX INCREASE (2.8%) 90465 x .028 =, 92,998 $ 2.533 $ 92.998 UTILITY COST $20 06 I 2.8% UTILITY RATE INCREASE 20,061 x .028 = 562 $562 $ 20,623 NEW TOTAL MAINTENANCE COST $113.621 EFFECTIVE ASSESSMENT RATE INCREASE. ($113,562 + 110,526) 2.8% ....., '" .. ~,! Y) r'") L r.".., ".. 4 PARCEL liSTING Assessment Property Number Maximum Assessment 2006-2007 & Lot Owners of Units Prior Year Assessment per Unit Total Number Assessment per Unit Assessment ..'n~.'_ .~. Lots 1 - 150, Individual 150 $258.90 $26614 $39,921 Tract 4719 Owners -- Lot 152, Public- O $000 $000 $000 Tract 4719 Owned -~ ~~~~ Lot 153, Public- O $000 $000 $000 Tract 4719 Owned .~-~~_.,-~.,.~ ~-~-"_. Lot 154 Public- O $000 $000 $000 Owned Lot 155 Public- O $000 $0.00 $000 r.-..... Owned Lots 1-553, IndiVIdual 553 $43 78 $45 00 $24,885 Tract 5180 Owners District 703 N/A N/A $64,806 Total: * The complete parcel listing of assessments is provided on the following pages. The description of each lot or parcel as part of the records of the County Assessor of the County of Alameda are, by reference, made part of tills Report. q(lld- 5 CERTIFICA TIQNS I, the City Clerk of the City of Dublin, California, hereby certity that the foregoing Engineer's Report, including Assessment, in the amounts set forth in Section 2, with the diagram thereto attached, was filed with me on June 20, 2006 Ao~ I, the City Clerk of the City of Dublin, California, hereby certity that the foregoing Assessment, with the diagram thereto attached, was preliminarily approved and confirmed by the City Council of said City by its Resolution No. 105-06, duly adopted by said Council on June 20,2006 ~I\h~ - . - I, the City Clerk of the City of Dublin, California, hereby certity that the foregoing Assessment, with the diagram thereto attached, was finally approved and confirmed by the City Council of said City by its Resolution No. __~-06, duly adopted by said Council on July 18 2006. I, the City Clerk of the City of Dublin, California, hereby certity that a certified copy of the Assessment was filed in the office of the County Auditor of the County of Alameda, California, on August 10, 2006. r--1 District boundary ......... - \V7 .:....""=---.. .....=---..- r------.- \ .....------------------- I I \ , I I I I \ I I \ i I I I i ) ) . ,. ~ ) t /' ~ ---- ~ ------ I~ . " 1! =i_ " II '; II II I, II II )"1 'I I, II 11 I' I JOB NO. DATE SCALE TRACT 4719 'm ~~- ~A : E.~~i ~ ~~ " ilf.~ . ro 1 ~ 't >---0"': -~"m"EA !!:" __ '~, '--I ''''''~'' n ' .;.; .tJ '~'_, --, 8 I J$ , ",,,,m',~ I :--;;-J, '~.-~ ~ ~11\.3iI".'-~ L.------1'EI', ---- ":;.":'~, ~ ~ ~~ /' / / .,~~~ " ,~(,.... " ,0 BY 06130106 DESIGN CKD NT.S. DRAWN' BY . CKD II SYMBOL DATE _ .-4:\ '1& ~\ \\"..::.. \'t v"';. V .X' -,C~\ ~=- .,). --;;- /-,,' I ' -~ ~,~/-~ 1,$13' ('o_I11..J.l l! I x,' /' ,,12 Y......- r y~/ .~ 2'i V --'~~ ! 9 ~rA~ '~v. I ~I I I I --'--~4?f';:;;:;- 7 ~.gJ<< 2; , 11-=-:;!I39:.rrll~'" ..~- /'<9,' ~ -'" I:,*',,~" I","~':I ,'-:2~~':-' / 1 '-,------,----I I , '-!4, ' " , I' '..--J', ~ -- ~i 1'~i~."E{,,' ..- ~~ ~~~';;:D ______~ ~"" -', ./ "" L.:' I ___::=_j 1;.0 --;--~ --1- '_______7 I 11-1 I ~ -I....."H~ .. ~ ~1~~:~ !36('........ 'I-.. ~11ro, '-----------: ~ ~~ 1~...J~ni' I' 'H~ T ["l_;J~ / I ~ w~. '". "",~~;.;'~.:: ' ! !~ ' 1:;::. 1~---;--:;-:;--1:~.~ - ~ 11. ; .)] '20 I(;.~ ~ - f'~~" ']' ,.~ 1~' "AV ~ \11~~1'\ ~ ;""---1 ~_ 1~~53-.- .... ,~,,11~'-----="....-r..r WI,'B~f..;'11:\'l\' t",..--~.\"...,.);;. '~. ~ r -:,;,,'~'~,rriS-~- 11[01 ~ ,1(6 I Y ~ I I I I I , I ~ --- -- - -- ; , I I , I , I ,~ ~R::/:.~lOI'JEr "o"f,~ R EVlSI ONS: BY CKD CITY OF DUBLIN ALAMEDA COUNTY 200612007 FISCAL YEAR ST A IE OF CALlFORN IA LANDSCAPE AND LIGHTING DISTRICT NO. 1983-2 ~ JUN E 1009 REVIS ION: ASSESSM E NT DISTRICT LOTS 1-3 OF TRACT :51& V,'ERE SUBDIVIDED INTO CONDOMIN IU MS. SHEET -----1- ........ \) -L~ -')-. . I -- f, , '+-, OF Jll'A I,.)' I ,.. STAGECOACH ROAD (TRACT 4719) LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NEWSLETTER July 2006 FACTS ABOUT THE ASSESSMENT DISTRICT While the City pays the cost of maintaining the median landscaping through Its General Fund for all of the major arterial streets. street-side landscaping that Is Installed In conjunction with residential or commercial development Is maintained either privately by a property owners' association. or by the City and funded through an assessment distrtct. This Assessment District was formed in 1983 to maintain certain landscaping improvements along Stagecoach Road and on the "Interior slopes" of the Dublin Hills Estates development (Coral Way and Agate Way). The following areas are maintained by the City as part of this District: . Landscaping and irrigation within the road rtght-of-way and within a public easement along Stagecoach Road between Amador Valley Boulevard and the northerly City Limit. . landscaping and Irrtgatlon of the slopes within a public easement for those slope areas to the rear of Lots 80 through 86 and 37 through 48 of Tract 4719. These are the "Intertor slopes" which face houses on Agate Way and Coral Way The annual landscape maintenance assessment is calculated by dividing estimated maintenance costs for the coming year among residents of the single-family homes of Dublin Hills Estates and the owners of the Amador Lakes Apartments. The single-family homes are assigned 61.6% of the total assessment, divided evenly among the 150 parcels. The Amador Lakes Apartments are assigned 38.4% of the total assessment. The funds collected through assessments are accounted for separately from other City funds. These funds can only be used for specified expenses within the boundartes of the Assessment District. The City is required to notify property owners each year regarding a required public heartng for the Assessment Distrtct. State Law requires that thiS notice be given by means of a notice printed in a local newspaper and posted in official City posting locations. A copy of the public hearing notice Is Included with this newsletter as a courtesy The public hearing regarding the 2006-2007 assessment will be held at the regUlar City Council meeting of July 18, 2006. The meeting begins at 7;00 p.m. in the Council Chambers of the Dublin Civic Center ~ City 5la" has scheduled an informational meeting prior to the Public Hearing in order to provide an opportunity to answer questions and address concerns in an tnfomlal setting. The informational meeting will be hetd In the Regional Meeting Room of the Civic; Center, 100 Civic; Plaza, on Julv 11.20011 at 11:00 D.m. RECOMMENDED ASSESSMENT Plior to 2003, the assessment in this District had not been increased for 10 years. In 2003-2004, the City proposed to increase the assessment in this District by 10% In order to fund the cost of additional fertilization and plant material. As required by law, a vote of the property owners was conducted, and the 10% increase was approved. The approval also included an escalation clause that would allow the maintenance cost to be increased each year based on the Consumer Price Index (Urban Wage Earners). The cost of utilities may Increase basad on the actual cost of the utilities. The Consumer Price Index (CPI) rate of Increase as of April 2006 was 2.8%. Therefore, the assessment for 2006-07 is proposed to Increase by 2.8%, resulting In the following proposed assessment: $266.14 per single family lot (an increase of $7.24) $45,00 per apartment dwelling unit (an increase of $1.22) ATTAUIlHEIT 3. Idl(>J',;)- MAINTENANCE ACTIVITIES The City will continue 10 utilize TruGreen LandCare as ~s primary maintanance contractor In this District. MCE Corporation will provide some supervision and irrigation repair services as needed to supplant TruGreen's work. The District budget for 2006-07 is proposed to be as follows: Revenues: Total Amount Proposed to Be Assessed: Estimated Interest Revenue' Estimated Prior Vear Collections and Penalties Less Estimated Collection and Delinquency Cost: Net Total Revenues $64,806 1,403 420 11.1021 $65,827 Expenditures: Contract Maintenance and Utilities: Administration and Engineering: Total Operating Expenses: $79,882 1.266 $80,817 Based on the abow, approximately $15,290 of the existing reserve will be used to offset expem;e5. The reserve balance at the end Fiscal Year 2006-2007 is expected to be approximately $33,600. Dur1ng 2006-116, a committee consisting of C~y staff and homeowners reviewed possible locations for landscape improvement as well as types of plant material. Approximately 20 trees were replaced. as well as the shrubs and ground cover In a portion of the landscape strip on the west side of Stagecoach Road. The projected expenses for 2006-117 include approximately $29,000 in improvement lIems, which would include replacement of an additional 20 trees, a continuation of the replanting project, and construction of several small retaining walls at the top of slopes where erosion Is occun1ng. It is proposed to use a portion of the raserva in tha District to accomplish the Improvements. It is important to continue to maintain a reserve balance for the following reasons: (t) The City does not receive Income from an assessment until midway through a fiscal year The reserve therefore provides operating capital for the District until the funds are received from the assessor's office. (2) In the event of an unforeseen emergency, such as a major irrigation break or a catastrophic freeze, the reserve provides funds for repairs or plant replacements. REPORTING VANDALISM AND MAINTENANCE PROBLEMS The City's polic;y is to repair vandalism damage and eradicate graffiti as soon as we become aware of it. If you notice vandalism occurring or are able to provide a description of vandals, please contact Dublin Police services at 462-1212. If you notice damage or graffiti that has already occurred, or If you notice broken sprinklers or other types of maintenance problems, please call the Public Works Department at 833-6630. We appreciate your helpl If you haw any questiona about the proposed assessment or maintenance activities in this assessment district, please cell the City's Public Works Department at 833-6630.