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HomeMy WebLinkAboutItem 6.4 AD86-1 Villages Ci'TY CLERK File # 360-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: 3uly 15, 2003 SUBJECT: Public Hearing: Landscaping and Lighting District No. 86-1 (Villages at Willow Creek) Report Prepared by: Lee S. Thompson, Public V/orks Director ATTACHMENTS: 1) Resolution approving engineer's report, confirming diagram and assessment, and ordering levy of assessment 2) Engineer's Report and Assessment Diagram RE COMMENDATION/}~/~ ~I Open public hearing Receive Staff report and public comment 3) Question Staff and the public 4) Close public hearing and deliberate  5) Adopt resolution approving engineer's report, confirming diagram and assessment, and ordering levy of assessment FINANCIAL STATEMENT: 2003-2004 Sources and Use of Landscape Maintenance District Funds Revenues: Total Amount Proposed to be Assessed: $90,03 7. O0 Estimated Interest Revenue: $ 1,4 72. O0 Estimated Prior Year Collections and Penalties $ 540. O0 Less Estimated Collection and Delinquency Cost: ($1,981.00) Net Total Revenues: $90,06& O0 Expenditures: Contract Landscape Maintenance: $56,980. O0 Utilities: $34,411. O0 Administration and Engineering: $ 1,250.00 Total Operating Expenses: $92,641. O0 As shown above, $90,037 is proposed to be assessed to property owners for the 2003-2004 street landscaping maintenance costs. The individual assessments are calculated at $138.20 per single-family home and $69.10 per multi-family parcel. This is a 3.7% increase above the 2002-03 assessment, which is commensurate with the Consumer Price Index rate of increase (February 2003) and is allowed under the terms of the Engineer's Report that was approved in 2001. The budgeted cost of maintenance is slightly higher than the proposed assessment and the projected income for the District; therefore, approximately $2,573 in reserves will be used to offset the maintenance cost. COPIES TO: ITEM NO. _~~ g:\assessdist\86-1\86-1 staffrepthrg2002 DESCRIPTION: This maintenance assessment district was formed in 1986 as part of the review and approval of the Villages at Willow Creek development. This assessment district funds the maintenance of landscaping, including fencing and soundwalls, along the west side of Dougherty Road from Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along Wildwood Road and Fall Creek Road, and certain landscaped areas within the Ridgecreek single-family home development. Landscaping within the condominium and apartment developments is the responsibility of the property owner or homeowners' association for those individual developments. The landscaping along and within the Alamo Creek channel area is not included in the assessment district as it is the responsibility of Alameda County Flood Control, Zone 7. In 2001-02, the assessment in this District was increased by 54%, as the reserve funds had become depleted and could no longer be used to offset utility and maintenance cost increases. The rate increase was approved by property owners under the terms of Proposition 218. The property owners also approved an escalation clause for future years that allows the assessment to be increased to cover: (1) actual increases in utility cost, and (2) inflationary increases in the cost of maintenance, as determined by the Consumer Price Index rate of increase. The latest Consumer Price Index information available prior to development of the budget (February 2003, Bay Area Urban Wage Earners) indicated that the rate of increase is 3.7%; therefore, the proposed assessment for 2003-04 has been increased by approximately 3.7%, from $86,831.92 to $90,037.30. There are no changes in the District boundary or the method of calculating the spread of assessments. The proposed maintenance budget for 2003 -04 includes $4,000 for repair of deteriorated sections of wrought iron fencing along Wildwood and Fall Creek Road and $1,980 for a tree inventory and condition assessment that is preparatory to the development of a maintenance program for the trees. Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the resolution approving engineer's report, confirming diagram and assessment, and ordering levy of assessment. Page 2 ~©'7.~ RESOLUTION NO. -03 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 86-1 (VILLAGES AT WILLOW CREEK) WHEREAS, by its Resolution No. 023-03, a Resolution Directing Preparation of' Annual Report £or City of` Dublin Landscaping and Lighting Maintenance Assessment District No. 86-1 (the "District"), this Council designated the City Engineer as Engineer of` Work and ordered 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 ~vith the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that July 15, 2003, at 7:00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council 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 ;vere 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 part of the report of said engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property o;vners 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, or 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) The District 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 Clerk, which map is made a part hereof by reference thereto. PASSED, APPROVED AND ADOPTED this 15th day of July, 2003. AYES: NOES: ABSENT: ATTEST: Mayor CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1986-1 (TRACT 5511) FISCAL YEAR 2003-2004 ENGINEER'S REPORT TABLE OF CONTENTS 2 ES TIMA TE OF C05 TS ................................................................................ 5 3 METHOD OFAPPORTIONMENT. ............................................................ 6 4 PARCEL LISTING ....................................................................................... 7 5 CERTIFICATIONS ...................................................................................... 8 I ENGINEER ~S LETTER WHEREAS, on February 18, 2003, the City Council of the City of Dublin, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted ks Resolution Directing Preparation of Annual Report for Maintenance Assessment District 1986-1 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. SUMMARY OF ASSESSMENT ' (1) (2) (3) As As Finally As Filed Preliminarily Approved Approved ... Cost of Maintenance $91,391.00 $91,39.1.00 Incidental Expenses ... $23,704.00 $23,704..00 TOTAL COST $115,095.00 $115,095.00 Estimated 2003-04 Interest Income Applied to 2003-04 Operating Costs ($1,472.,00) ($1,472.00) ... 'Prior Year Collections & Penalties ($540.00) ($540.00) Estimated sUrPlus ~rom 2002-03 Fiscal Year ...: ($23,046:00) ($2.3.,046.00). NET T° BE AssEssED FOR'FISCAL YEAR 2003-2004 . $90,037:00 .$90,037.00 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. 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. The scope of work shall include the following: The median and roadside landscaping along the north side of Willow Creek Drive. Roadside landscaping along Shady Creek Drive within Lots 1, 2, 3, 4, 5, 6, t5, 16, 37, 38, and south of Lot I45, alt within Tract 5511. Roadside landscaping, wall, fence, and pathway improvements along the west side of Dougherty Road, between Amador Valley Boulevard and the northerly City Limit line, and along the north side of Amador Valley Boulevard, between Dougherty Road and Wildwood Road. Roadside landscaping, fence, and pathway improvements on the west side of Wildwood Road. Roadside landscaping, fence, wall, and pathway improvements on the west side of Dougherty Road and the south side of Amador Valley Boulevard, adjacent to Lot 150. · Roadside landscaping, fence, and pathway improvements on the west and north sides of Fall Creek Road. · Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-way. 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 2003/04 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. 2 ESTIMATE OF COSTS The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2003-04 is as follows: Maintenance Weeding, fertilizSng, pnming, plant replacement, irrigation system: $51,000. O0 Utilities: $34,411. O0 Fence repair $4,000. O0 Tree inventory/mmintenance program development $1,980. O0 Administration $0.00 $91,391.00 Incidentals Engineer's Report and Proceedings $1,250. O0 County of Atameda Collection Costs ~ 1.7% $1,531. O0 Delinquencies ~ 0.5% $450. O0 Comingencies/Reserve $20,4 73. O0 TOTAL: $115,095.00 3 ME THOD OF APPORTIONMENT Each single family tot shall be assigned a benefit unit of one (1), each multifarrfily unit assigned a benefit unit of one-half (1/2), the commercial lot shall have a benefit unit of four (4), and the open space lots shall have a benefit unit of zero. This gives the following benefit units and apportioments for each Village for this Fiscal Year: Number of ...... Benefit % of Total .... Living Units Units Assessment Lot 150 Village I . . 56 28 4..3.,0. L°t 149 Village II 248 124 19.03 Lot 148 Village III 224 112 17.19 Lot 146A Village .IV 135 67.5 10.36. Lot 146B vmage V 204 102 15.66 Lot 1-145 Village VI 145 145 22.26 Lots 152-177 Village VII 138 69 10.59 Lot 151 Commercial 0 4 0.61 Lots A- D O~n Space ... 0 0 . . 0.00.. ' ' Total: 1150' ' 65'1.5 100.00 The annual maintenance cost shall be increased annual£y beginning July 1, 2002, 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). If the Bay Area Urban Wage Earner Consumer Price Index is unavailable or deemed by the City Council to be inappropriate, a comparable consumer price index, as approved by the City Council, shall be used to replace the Bay Area Urban Wage Earner Price Index. SAMPLE CALCULATION: Assming an increase in the index of 1% and a utility increase of 5%: MAINTENANCE COST "' $85,320' LESS UTILITY COST (SUBJECT TO RATE INcREAsE ONLY) ,.. $(29~910) $55,41.0 AssEssMENT SUBJECT TO'INDEX INCREASE , . $55,410' INDEX INCREASE (ASSUMED 1%) .55,410 x .01 = 554 $55.4 $55,9,6,4 .... ENERGY COST $29,910 5% UTILITY RATE INCREASE 29,9/ox.o5= 1,495 $1,495 $3!,4o5 NEW TOTAL MAINTENANCE COST $87,369 4 PAR CEL LISTING Assessment & Lot ' ' Number of' Assessment 2003/04 Total Number property Owners units , per Unit Assessment ,Lot i 50, (V' .flhge I) Individual Owners '56 units, $69.10 $3,869..60 Lot 149 (Village II) Individual Owners 248 units $69.10 $17,136.80 Lot 148 (Village III) Individual Owners 224 units $69.10 $15,478.40 Lot 146A (Village IV) Individual Owners 135 units $69.10 $9,328.50 Lot 146B (Village V) . Individual Owners 204 units $69.10 $!4,096.40 Lots i - 145 (Village VI) Individual Owners i 145 units $13g~20 $20,039.00 Lots 152-177 (Village Individual Owners 138 units $69.10 $9,535.80 Vii) Lot 151 (commercial) " Unknown 4 units $!.38.20 $552.80 Lots A - D Open Space Unknown 0 units $0.00 $0.00 District Total: !,154 N/A $90,037-30,, 5 CER TIFICA TION$ I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Engineer's Report, including Assessment, in the mounts set forth in Column (1), with the diagram thereto I, the City Clerk of the City of Dublin, California, hereby cert~hat the foregoing Assessment with the diagram thereto attached, was preliminarily approved and confirmed by the City Counc!i of said City by its Resolution No. 98-03, duly adopted by~//C~ouncil on June 3, 2003. '~-- / ~ ~~ (" ~'- m nt I, the City Clerk of the City of Dublin, California, hereby cert~hat the foregoing Assess e , with the diagram thereto attached, was finally approved and confirmed by the City Council of said City by its Resolution No. __-03, duly adopted by said Council on ., 2003. I, the City Clerk of ~he 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 . , 2003. LOT 148 A 150 LOT 'G' THE METES AND BOUND DESCRIPTION OF JUNE, 1989 REVISION: ASSESSMENT LOT 'A' THIS DISTRICT ARE THE SAME AS THOSE DISTRICT LOTS 146A AND 146B WERE SHOWN FOR TRACT 5511 EXCEPT THE · ANNEXED INTO THE DISTRICT. LOT PARCEL 146 IS EXCLUDED AND RESERVED 149, AND LOTS 152-177 & LOTS I-W FOR A FUTURE DISTRICT ANNEXATION. WERE SUBDIVIDED INTO CONDOMINIMUMS. THE iNTERIOR DIMENSIONS ARE SHOWN LOTS 77-79 AND LOTS S, C, E, F AND G ON TRACT MAP 5511, -TRACT MAP 5700. WERE ADJUSTED FOR LOT LINES. I~' .....~ I JUNE, 1988 REVISION: ASSESSMENT JUNE, 1991 REVISION: ASSESSMENT I! II I District boundary DISTRICT LOT 147 DIVIDED INTO LOTS DISTRICT LOT 146A DIVIDED INTO 20 I 152 THROUGH 177 AND LOTS I THROUGH LOTS (19 BUILDING AND 1 COMMON W. LOT 148 DIVIDED INTO LOTS 148A AREA). ASSESSMENT DISTRICT LOTS 16 AND LOT 148B. AND 17 DIVIDED INTO LOTS 194-200 LOTS 201-205 RESPECTIVELY.