HomeMy WebLinkAbout6.2 MAD83-2 EngRprtCITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: August 10, 1987
SUBJECT:
Public Hearing: Landscaping and Lighting District No.
1983-2 (Tract 4719) - Levy of Assessments for Fiscal
Year 1987-88
EXHIBITS ATTACHED:
1) Engineer's Report
2) Resolution Approving Engineer's Report, Confirming
Diagram and Assessment, and Ordering Levy of
Assessment
3) Assessment Diagram
4) Agreement on Open Space Lot
RECOMMENDATION:
)
)
)
5)
Open Public Hearing
Receive Engineer's Report and Public Testimony
Question Staff and the Public
Close Public Hearing and Deliberate
Adopt Resolution Approving Engineer's Report,
Confirming Diagram and Assessment, and Ordering
Levy of Assessment.
FINANCIAL STATEMENT:
$44,200 to be assessed to property owners for 1987-88
landscaping and lighting maintenance costs. No cost
to the City. $20,000 is also budgeted from reserves
to complete the re-landscaping of the Stagecoach Road
slopes.
DESCRIPTION:
The City formed the Landscaping and Lighting Assessment District No.
1983-2 for maintenance of landscaping within Tract 4719 (Stagecoach Road and
the Stagecoach Mini-Park). The method of assessment spread was previously
revised to add the maintenance of the Dougherty Hills Open Space and the Beck
interior roadway slopes per the agreement with the two developers.
The cost of maintenance of the Stagecoach Road landscaping and
Stagecoach Park,is spread 60% to the Amador Lakes development and 40% to the
Beck Development (divided among the 150 single-family lots). The cost of the
Dougherty Hills Open Space lot maintenance will be spread 60% to the Beck
development (150 single-family lots in Tract 4719) and 40% to the Amador Lakes
development. Ail of the Beck interior and exterior slopes maintenance cost
will be spread to the Beck lots.
The District Diagram remains the same as last year. The District budget
this year is $70,481, (less collection cost and delinquencies). This is
$39,386 more than last year's estimated expenditures of $31,095 (less
collection costs and delinquencies), because of increased maintenance costs
and re-landscaping of the Stagecoach Road slopes. $20,000~of this budget is
being funded by reserves from previous years.
The assessment to the sing]e-family property owners in the Beck
development will increase by $49.00 per lot over the 1986-87 assessment ($133
per lot vs. $84 per lot last year).
The original landscaping of the Stagecoach Road slopes included trees,
bushes, and hydroseeded wildflowers. Several problems, including failure of
the automatic irrigation system, fence post holes drilled through irrigation
lines, and heavy vandalism of sprinkler risers, caused much of the ground
cover to die.
ITEM NO. ~Z
COPIES TO: Beck Properties
Amador Lakes Associates
City Staff and Rafanelli and Nahas proposed that the ground cover be
revegetated with more drought-tolerant plants and that Rafanelli and Nahas and
the Maintenance Assessment District, through its reserves, split the re-
landscaping costs. This proposal was approved by the City Council and a
contract awarded to Four Seasons Landscape. This project is scheduled for
completion by the end of the July.
Staff recommends adoption of Resolution as appropriate.
-2-
RESOLUTION NO. -87
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 NO. 1983-2
WHEREAS, by its Resolution No. 31-87, a resolution directing preparation
of Annual Report for Maintenance Assessment District, City of Dublin Landscaping and
Lighting Maintenance Assessment District No. 1983-2 (the "district"), this Council
designated the City Engineer as Engineer and ordered that 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 Engineer of Work has made and filed with the City Clerk a
preliminary report in writing as called for, which report was presented to the City
Council on July 21, 1987; and
WHEREAS, said Engineer of Work has filed with the City Clerk an
Engineer's Report for final consideration; and
WHEREAS, the City Council has duly considered said Report and each and
every part thereof, and finds that each and every part of said Report is sufficient;
and that said Report nor any part thereof requires modification in any respect;
NOW, THEREFORE, BE IT RESOLVED as follows:
a) That the Engineer's estimate of the itemized and total costs and
expenses of maintaining said improvements and of the incidental expenses in
connection therewith, be; and each of them are hereby finally approved;
b) That the diagram showing the assessment district, description of
improvements to be maintained; and the boundaries and dimensions of the respective
lots and parcels of land within said district as contained in said district as
contained in said report be, and it is hereby finally approved;
c) The assessment of the total amount of cost and expenses of the
proposed maintenance of said improvements upon the several lots and parcels of land
in said District in proportion to the estimated benefits to be received by such lots
and parcels, respectively, from said maintenance and of the expenses incidental
thereto, as contained in said report be, and they are hereby finally approved and
those assessments are hereby ordered levied as contained in said reports.
PASSED, APPROVED, AND ADOPTED this 10th day of August, 1987.
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
CITY OF DUBLIN
LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719)
\
(FISCAL YEAR 1987-1988)
ENGINEER'S REPORT
CONTENTS
Assessment: Including Estimate of Costs, Method of
Apportioning, and Assessment Roll
2. Assessment Diagram
-1-
ASSESSMENT
WHEREAS, on May 11, 1987, the City Council of the City of Dublin, California,
pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted its
Resolution Directing Preparation of Annual Report for Maintenance Assessment District
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.
ESTIMATE OF COSTS
Cost of Maintenance
Incidental Expenses
TOTAL COST:
1987-88 Interest Income
Surplus from Previous
Fiscal Year
NET TO BE ASSESSED FOR
FISCAL YEAR 1987-88
(1) (2) (3)
As Filed As Preliminarily As Finally
Approved Approved
62,500 $ 62,500 $
10,981 $ 10,981 $
73,481 $ 73,481 $
3,300 $ 3,300 $
$ 25,981 $ 25,981 $
$ 44,200 $ 44,200 $
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.
-2-
Said assessment is made upon the several lots or parcels of land within said
landscaping maintenance assessment district in proportion to the estimated benefits
to be 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.
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 1987-1988 and includes all of such parcel excepting those
portions thereof within existing public roads or right-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 or parcel of land assessed, the amount assessed thereon, and the number of
the assessment.
Dated: August , 1987 ~/
-3-
CITY OF DUBLIN
LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719)
ENGINEER'S COST ESTIMATE
FISCAL YEAR 1987-1988
MAINTENANCE
$ 62,500 $ 62,500
INCIDENTALS
a)
b)
c)
c)
TOTAL
Engineer's Report and Proceedings $ 2,000
Cost of Collection (County) $ 760
Estimated Delinquencies $ 2,240
Contingencies and Reserve $ 5,981
$ 10,981
$ 73,481
-4-
'METHOD OF APPORTIONING
Sixty percent (60%) of the annual cost of maintaining the park on Lot 152 of
Tract 4719 and the landscaping withi6 and along Stagecoach Road has been assigned to
Lots 5180-1, 5180-2, and 5180-3 prorated on the number of units within each lot. The
balance of this annual cost has been divided equally among Lots 1 through 150,
inclusive, of Tract 4719.
The cost of maintaining the excavated slopes and concrete culverts together
with its landscaping existing around the outer perimeter of the residential
subdivision lots and the interior ~slopes and culverts, excluding those slopes and
concrete culverts adjacent to Stagecoach Road, shall be evenly spread over Lots 1
through 150 of Tract 4719.
The cost of maintaining the perimeter fence and the open space within Lot 153
of Tract 4719 shall be spread 60% to Lots 1 through 150, Tract 4719, in equal shares,
and 40% to Lots 1 through 3 of Tract 5180, prorated on the number of units within
each lot.
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.
-5-
SCOPE OF WORK
The scope of work shall be the maintenance of landscaping and irrigation with
the road right-of-way of Stagecoach Road between the limits of Amador Valley Blvd.
and Alcosta Blvd. and maintenance of all facilities within the mini-park on Lot 152
of Tract 4719.
Further, the scope of work shall include maintaining the fencing and open space
all within Lot 153 of Tract 4719.
Further, the scope of work shall include the maintenance of the excavated
slopes and drainage facilities related to these slopes for the area adjacent to Lots
1 through 150, all within Lot 153 of Tract 4719.
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.
-6-
ASSESSMENT ROLL
Assessment and Lot No.
Property Owner
Amount of Assessment
1987-88 Tax Year
Tract 4719 1-150 Unknown $ 133 per lot
Tract 4719 152 Unknown $ 0
Tract 4719 153 Unknown $ 0
Public Owned 154 $ 0
Public Owned 155 ' $ 0
Tract 5180 1 Unknown $ 8,651
Tract 5180 2 Unknown $ 6,729
Tract 5180 3 Unknown $ 8,870
-7-
CITY OF DUBLIN
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
CERTIFICATIONS
FISCAL YEAR 1987-1988
I, the City Clerk of the City of Dublin, California, hereby certify that the
foregoing Engineer's Report, including Assessment, in the amounts set forth in Column
(1), with the diagram thereto attached, was filed with me on July 15~ 1987.
I, the City Clerk of the City of Dublin, California, hereby certify 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. 52-87, duly
adopted by said Council on July 21, 1987. ~~/~ ~_
I, the City Clerk of the City of Dublin, California, hereby certify 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. -87, duly adopted
by said Council on July , 1987.
I, the City Clerk of the City of Dublin, California, hereby certify that a certified
copy of the assessment and diagram was filed in the office of the County Auditor of
the County of Alameda, California, on , 1987.
-8-
AGREEMENT
Agreement made this /~. day of August, 1985 among the
City of Dublin, a municipal corporation, Amador Lakes Associates,
a California limited partnership, and Beck Properties, Inc., a
California corporation.
RECITALS OF CONSIDERATION
Mutual Promises
NOW THEREFORE, for and in. consideration of the premises and
the mutual promises,' covenants, and agreements hereinafter set
forth, the City of Dublin, Amador Lakes Associates, and Beck
Properties, Inc., agree as follows:
1. The City of Dublin shall accept dedication of Lot 153
of Tract 4719 located in the City of Dublin and shall cause to be
annexed certain hereinafter specified costs and maintenance
obligations to that certain assessment district designated Land-
scaping and Lighting District No. 1983-2, City of Dublin, Alameda
County, California. The above acceptance of the dedication of
Lot 153 of Tract 4719 in the City of Dublin and-the annexation of
certain costs and maintenance obligations to the above referred
to assessment district shall be made under the following terms and
conditions:
A. Beck Properties, Inc.,~ and Amador Lakes Associates
will construct fencing from the southwest corner of Lot 153 easterly ·
to the southeast corner of Lot 153 and then northerly to tie in
with the existing fence surrounding the water tank located in the
easterly part of Lot 153. In addition, Beck Properties, Inc..and
Amador Lakes Associates shall construct fencing from the northern
end of the concrete culvert on the east side of Stagecoach Road
easterly along the northern border of Lot 153 to the existing
fence line located at the northeast corner of Lot 153 and will
construct additional fencing along the open areas of Lot 153 that
border on Stagecoach Road.
(1.) The fencing to be constructed along the
southern, eastern and northern bo~der 6f.Lot 153 shall-be a vinyl
clad chain link fence. The fence along the eastern border of
Lot 153 shall be-eight feet in height and all other fence shall
be a minimum of six feet in height.
(2.) The fencing along the east side of Stage-
coach Road shall be such as to limit access from Stagecoach Road
· to Lot 153 and shall be of a nature that shall serve this purpose
and also be aesthetically compatable with the subdivision and
landscaping along Stagecoach Road. The actual type of fencing
and its location shall be mutually agreed upon by the City of
Dublin, Beck Properties, Inc., and Amador Lakes Associates.
(3.) The cost of the fencing shall be allocated
fifty percent (50%) to the City of Dublin and fifty percent (50%)
to Beck Properties, Inc. and Amador Lakes Associates. The cost
allocation to Beck Properties, Inc. and Amador Lakes Associates
shall be sixty percent (60%) to Beck ~op~rties, Inc. and forty
percent (40%) to Amador Lakes Associates.
(4.) If additional fencing around the perimeters
of the excavated subdivision slopes is required by the City of
Dublin within three years from the date of this agreement, the
cost of such fencing shall be assessed fifty percent (50%) to
Lots 1 through 150, in equal shares, of Tract 4719, City of Dublin,
and the remaining fifty percent (50%) to the City of Dublin. If
no additional fencing is required within said three year period,
the City of Dublin shall assume the responsibility for any additional.
fencing in the future.
(5.) The estimated costs for all of the above
referred to fencing, including the fencing referred to in paragraph
(4.)~.above, is under the sum of Forty Thousand Dollars ($40,000.00).
The maximum costs of all of the above referred to fencing to be
assessed against Beck Properties,. Inc.,'Amador Lakes Associates,
Lots 1 through 151 of Tract 4719, City of Dublin, shall not exceed
the combined total of Twenty Thousand Dollars ($20,000.00).
2. The cost of maintaining the fencing contemplated by this
agreement shall be allocated through Landscaping and Lighting
District No. 1983-2, City of Dublin, Alameda County, California
and shall be assessed sixty p~rcent (60%) to Lots 1 through 150,
in equal shares, of Tract 4719, City of Dublin, and forty percent
(40%) to Lot 151 of Tract 4719, City of Dublin. This assessment
of the maintenance of the fencing shall be made for a period of three
years from the date of this agreement and after the expiration of the
three years the cost of maintaining all fencing contemplated by this
agreement shall be born by the City of Dublin.
3. The cost of maintaining the common area of Lot 153 of
Tract 4719, City of Dublin, shall be allocated through Landscaping
and Lighting District No. 1983-2 and assessed sixty percent (60%)
to Lots I through 150, in equal shares, of Tract 4719, City of
Dublin, and forty percent (40%) to Lot 151 of Tract 4719, City of
Dublin. This assessment shall last for a period of three years
from the date of this agreement and from that time on the cost of
maintaining Lot 153 of said subdivision shall be born by the City
of Dublin subject to the exception noted in paragraph 3A below.
If the City of Dublin allows public access to Lot 153 of Tract 47~9,
City of Dublin, prior to this three year period of limitation, the
cost of maintaining said Lot 153 shall revert solely to the City of
Dublin when such public access is formally approved by the City.
A. The excavated slopes and concrete culverts existing
around the outer perimeters of the subdivision and the interior
slopes and concrete culverts, excluding those slopes and concrete
culverts adjacent to Stagecoach Road, as shown in attached Exhibit
"A", shall be annexed to Landscaping and Lighting-District No. 1983-2.
The cost of maintaining these slopes and culverts shall be assessed
solely to Lots I through 150, in equal shares, of Tract 47]9, City
of Dublin. This assessment shall be permanent in nature.
4. Beck Properties, Inc. shall cause to be granted to the
City of Dublin, a public easement over Lots 80 through.86 and 37
through 4~-of Tract 4719, City of Dublin, to allow for the main-
tenance of slopes and culverts contemplated by this agreement.
GENERAL PROVISIONS
Acceptance
The terms and conditions of this agreement are subject
to the approval and.acceptance by the City of Dublin. In the
event that such approval and acceptance is not obtained from the
City of Dublin within thirty (30) days from the date of this
agreement, this agreement shall be deemed null and void in its
entirety.
Entire Agreement
This agreement supersedes any and all other agreements,
either oral or in writing between the parties hereto with respect
to the subject matter hereof and contains all of the covenants
and agreements between the parties with respect to said matter,
and each party to this agreement acknowledges that no represent-
ations, inducements, promises, or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein, ~nd that no other agreement,
statement, or promise not containted in this agreement shall be
valid or binding in respect to the subject matter hereof.
-2-
Choice of Law
This agreement~,shall be governed by and construed in
accordance with the la~s of the State of California.
Nonassignability
This agreement shall not be assigned by any party
hereto without the prior written consent of all parties.
Successors and Assigns
Subject to the provision regarding assignment, this
agreement shall be binding upon the heir, executors, administrators,
successors and assigns of the respective parties.
Attorneys Fees
If any legal action is necessary to enforce the terms of
this agreement, the prevailing party shall be entitled to reasonable
attorneys fees i'n addition to any other relief to which the party
may be entitled. This provision shall be construed as applicable
to the entire contract. ,
Executed at , ~California, this day
of , 1985. ~
CIT. Y OFf. IN o·
Executed at- , California, this day
of , 1985.
of
Executed at~~
~:~..,?-- , 1985.
/
BECK PROPERTIES, INC.
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ASSESSMENT DIAGRAM
LANDSCAPING AND LIGHTING
DISTRICT 1983 -2
TRACTS 4719 & 5180
CITY OF DUBLIN
ALAMEDA COUNTY, CALIFORNIA
SANTINA & THOMPSON INC.
CIVIL ENGINEERS
CONCORD, CALIFORNIA
FISCAL YEAR 1987/88
SHEET I OF I SHEETS I \
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O/7
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L °16738
hk 1
DETAIL A
NO SCALE
.e =2000
L =3/ 42
ASSESSMENT DIAGRAM
LANDSCAPING AND LIGHTING
DISTRICT 1983 -2
TRACTS 4719 & 5180
CITY OF DUBLIN
ALAMEDA COUNTY, CALIFORNIA
SANTINA & THOMPSON INC.
CIVIL ENGINEERS
CONCORD, CALIFORNIA
FISCAL YEAR 1987/88
SHEET I OF I SHEETS I \
Ito8 `7 xti� �-1-3 �IrrrEp
1 JUN 2 21987
$aMina �� Thnmoson, lns
L °16738
hk 1
DETAIL A
NO SCALE
.e =2000
L =3/ 42
ASSESSMENT DIAGRAM
LANDSCAPING AND LIGHTING
DISTRICT 1983 -2
TRACTS 4719 & 5180
CITY OF DUBLIN
ALAMEDA COUNTY, CALIFORNIA
SANTINA & THOMPSON INC.
CIVIL ENGINEERS
CONCORD, CALIFORNIA
FISCAL YEAR 1987/88
SHEET I OF I SHEETS I \
Ito8 `7 xti� �-1-3 �IrrrEp
1 JUN 2 21987
$aMina �� Thnmoson, lns