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HomeMy WebLinkAbout6.1 Land&LightDistrict83-2 · CITY CLERK File # D[3]~[Q]-l212L AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 19. 2005 Public Hearing: Landscaping and Lighting District No. 83-2 (Tract 4719 - Stagecoach Road) Report Prepared by: Melissa Morton, Public Works Director SUBJECT: EXHIBITS A TT ACHED: 2) 3) RECOMMENDATION; ~ I) 2) 3) 4) 5) ~ FINANCIAL STATEMENT: I) Resolution approving Engineer's Report, confirming diagram and assessment, and ordering levy 0 f assessment Engineer's Report and Assessment Diagram Informational Newsletter Open public hearing Receive StatrReport Receive public comment Close public hearing and deliberate Adopt resolution approving Engineer's Report, confirming diagram and assessment, and ordering levy of assessment 2005-2006 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 Delinquency Cost: Net Total Revenues $63,045 l,3l8 175 (J,072) $63,466 Expenditures: Contract Maintenance and Utilities: Administration and Engineering: Total Operatin¡: Expenses: $74,425 l.350 $75,775 The above calculations include a proposed consumer price index increase of approximately 2.4% over the 2004-2005 assessment. Based on the above, $12,309 of the reserve will be used to off.vet the difference between expenses and revenues. ~~-----------------------------~------------------------------- g:\asscssdist\83-2\83.2staffrcpthrg2005 COPIES TO: ISb~ ITEM NO.-6....1 DESCRIPTION: In 1983, the City of Dublin formed Landscaping and Lighting Assessment District No. 83-2 for the purpose of maintaining landscaping within Tract 4719. The District originally included Stagecoach Park and Stagecoach Road north of the City Limit, but now includes only roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The maintenance cost for Stagecoach Park, as well as the undeveloped Dougherty HiJlsPark, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District. The estimated June 30, 2005, reserve for this District is projected to be $45,988. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. The spread of assessments assigns 61.6% of the total assessmcnt to the single-family homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. In 2003~2004, Staff conducted a mailed ballot to all of the property owners in this District proposing an increased assessment in order to maintain and replace certain landscaping improvements. In addition to the 10% increase in assessment rates, the proposed Enginecr's Report also included an escalation clause for succeeding years that allows thc maintenance cost to increase according to the Consumer Price Indcx, and the utility cost to increase according to the actual cost of utilities. The asscssmcnt in the District had not been increased for ten years prior to 2003-2004. The results of the election wcre in favor of the increase, and the current proposed engineer's report includes the approved assessment rates and a cost of living increase of 2.4%, conforming with the April 2005 Consumer Price Index (Cpr). The assessment to single-family property owners in the Dublin Hil1s Estates development is proposed to be $258.90 per single-family home, an increase of $6.06 over the 2004-2005 assessment. The Amador Lakes Apartments property is proposed to be assessed at a rate of $43.78 per dwelling unit, an increase of $1.03 over the 2004-2005 assessment. Since the projected cash balance at the end of 2005-2006 indicated the reserve would exceed the allowable amount, Staff has included approximately $17,000 in improvements in the Street Tree Maintenance and Street Landscape Maintenance budgets. The proposed work includes replacement of missing trees, as well as additional plantings of bedding plants, ground cover, and shrubs. Staff has been meeting with representatives of the propcrty owners to determine which improvements are most desirable. It is recommended that the work be accomplished in the fall, when the weather is cooler. Many improvements are needed in this asscssmcnt district, and although there is an existing reserve or surplus at this time, Staff recommends that the CPI rate of increase be added each year so that improvements can bc madc on an ongoing basis. The reserve also serves as a financial cushion to defray the cost of an unplanned event such as an irrigation mainline break or weather-related damage to plant material. Staff mailed a newsletter to property owners (Attachment 3) along with a copy of the public hearing notice and scheduled an informational meeting for the evening of June 30th to answer questions and discuss any issues related to maintenance activities or the proposed assessment. Three property owners attended the meeting, and as of the time the staff report was prepared, one additional property owner had called the City offices. Some of the issues discussed were related to locations that the budgeted improvement monies could be best spent, types of plant material, and issues related to erosion near back yard fences where retaining walls might be needed. Staff will continue to meet with the property owner group on these issues and any others that may come up during the course ofthe year. Staff recommcnds that the City Council conduct a public hearing, deliberate, and adopt the Resolution approving the Engineer's Report, confirming diagram and assessment, and ordering levy of assessment. Page 2 Db';¡'" l~\J.. RESOLUTION NO. -05 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. 036-05, a Resolution Directing Prepamtion 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 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 rcport was made and fiJed with 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 19, 2005, at 7:00 p.rn. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hcaring 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 were held, and an 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 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, 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 neeessity 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 oft1ce of the City Clerk, which map is made a part hereof by refcrence thereto. PASSED, APPROVED AND ADOPTED this 19th day of July, 2005. AYES: NOES: ABSENT: ABSTAINING: ATTEST: Mayor "l-l<:j -05 I~'I City Clerk RiçJ~ 2i1fJ I ¡. CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983~2 (TRACT 4719) ~ Of Dl(/j/"~ 6 ~1J ,~, ~lIFO'R~~ FISCAL YEAR 2005-2006 ENGINEER'S REPORT ~S~f44~ ~Obl", TABLE OF CONTENTS 1 ENGINEER'S LETTER............................................................................... 3 2 ESTIMATE OF COSTS................................................................................ 5 3 1I1fETJ!JrO~ OF ~~ORTION1I1fENT....,........................................................ IS 4 PARCEL LISTING~........."'...............,...................................................."'........................... 7 5 CER TIFI CA TI 0 NS.......................................... ............. .......................... ..... 8 l-fD'{)I'L 1 ENGINEER'S LETTER WHEREAS, on March 15, 2005, 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 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. Summary of Assessmeut (1) (2) (3) As Filed As As Finally Preliminarily Approved Approved Cost of Maintenance $74,425 $74,425 Incidental Expenses $36,10l $36,l01 TOTAL COSTS $110,526 $110,526 Prior Year Collections & Penalties ($175) ($175) Estimated 2005-06 Interest Income Applied to 2005-06 Operating Cost ($1,318) ($1,318) Estimated Surplus from 2004-05 Fiscal Year ($45,988) ($45,988) SUB-TOTAL ($47,481) ($47,481) AMOUNT TO BE ASSESSED FOR $63,045 $63,045 FISCAL YEAR 2005-2006 -- .s- Obl~ As required by said Act, a diagram is hereto attached showing the exterior boundari.es of said landscaping maintenance assessment district and also the lines and dimensions of each lot or parcel of land within said landscaping maintenance assessment district as the same existed at the time of the passage of said resolution, each of which lots or parcels having been given a separate number upon said diagram. I do hereby assess the net amount to be assessed upon all assessable lots or part;el$,. of land within said landscaping maintenance assessment district by apportioning that ~ . among the several lots or parcels in proportion to the estimated benefits to be received by eâêli':·' 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 respectiveJy fTom 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 2005-2006 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: 7),'þ6 ~¿~~a~/ñ) M 'ssa A. Morton, P.E. Public Works Director l.P'b I ~... 2 ESTIMATE OF COSTS The estimated cost for the maintenance ofimprovements described in this Report for Fiscal Year 2005-2006 is as follows: Maintenance Landscape Maintenance $54,364 Utilities $20.061 $74,425 Incidentals Engineer's Report and Proceedings $1,350 County of Alameda Collection Costs (1.7%) $1,072 Contingencies/Reserve $33.679 $36,101 Total Estimated Costs $110.516 .-. ÎJt) I¿.- 3 MEmOD 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 2.4% for April 2004 to April 2005. SAMPLE ASSESSMENT CALCULATION FOR RATE INCREASE Using an increase in the index of 2.4% and a utility increase of2.4%: MAINTENANCE COST (INCLUDING INCIDENTALS) FROM 2004-05 $97,337 LESS UTILITY COST (SUBJECT TO RATE INCREASE ONLY) ($21 906'1 $75,431 ASSESSMENT SUBJECT TO INDEX INCREASE $75,431 lNDEXINCREASE(2,4%) 75,431 x.024~ $1 810 $77,241 ENERGY COST $21,906 0% UTILITY RATE INCREASE l6,490X.024 = 395.76 .$396 $22,302 NEW TOTAL MAINfENANCE COST: $99,543 EFFECTIVE ASSESSMENT RATE INCREASE: «99.147-97,337)197,337) 2.4% c¿uol1-- 4 PARCEL LISTING Assessment Property Number Maximum Assessment 2005-2006 & Lot Ownen of Units Prior Year Assessment per Unit Total Number Assessment per Unit Assessment Lots I - 150, Individual 150 $252.84 $258,90 $258.90 $38,835 Tract 4719 Owners Lot 152, Public- O $0.00 $0.00 $0.00 Tract 4719 Owned Lot 153, Public- O $0.00 $0.00 $0.00 Tract 4719 Owned Lot 154 Public- O $0,00 $0.00 $0.00 Owned Lot 155 Public- O $0.00 $0.00 $0.00 Owned Lots 1-553, Individual 553 $42.75 $43.78 $43.78 $24,210 Tract 5180 Owners District 703 N/A N/A $63,045 Total: * *Difference of$5.00 rrom budgeted amount due to rounding. 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 this Report. 'ì'b'þ 5 CERTIFICATIONS I, the City Clerk of the City of Dublin, California, hereby certifÿ 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 21, 2005. I, the City Clerk of the City of Dublin, California, hereby certifÿ 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. 121-05, duly adopted by said Council on June 21, 2005. I, the City Clerk of the City of Dublin, California, hereby certifÿ that the foregoing Assessment, with the diagram thereto attached, was finally approved and confinned by the City Council of said City by its Resolution No. -05, duly adopted by said Council on July 19, 2005. I, the City Clerk of the City of Dublin, California, hereby certifÿ 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, 2005. __no. !zi~ w,.-~ "'~" ~t5~ ~~~ ~f-~ ,,-0 ~og ¡n~~ :;;:-- w ° ~5~ ~~- ro " ~ '" ~º¡¡ wo:~ ~~w ~,,;J: I . i .. I_'V [~ ! ., ~ .... .. b ¡;ji I- -- ~ ~ . E ü ¡¡ ° r-' ! ! ._J ~. ~I ~I ~ iJi 0 C) Z ~'" C)~ ::::¡~ O· zO «z ~t; «12 01-' UIUI 0- ZO ~ a:« Z~~Z :JZ>-CI::: m::l-'O :;,0«'" OO:;¡~ ...«;;:0 00",... ¡::IIJQO Õ~~~ 4!8... NUl ð >- '" '" :z o ¡¡; 5 w a: w ~ o o '" ~ '" == >-!2>-!2 i:Qucaü :z :ž ~ ~ o 0 ~oj ¡¡§I-: 0" °ww "I-;;;J "'«0 Qð(l) QII . IID:b1v STAGECOACH ROAD (TRACT 4719) LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NEWSLETTER July 2005 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 district. This Assessment Dlstñct was fonned in 1983 to maintain certain landscaping Improvements along Stagecoach Road and on the 'interior slopes" of the Oublin Hills Estates development (Coral Way and Agate Way). The following areas are maintained by the City as part of this District: . Landscaping and ilTigation within the road right-of-way and within a public easement along Stagecoach Road between Amador Valley Boulevard and the northerly City Limit. . 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 of Tract 4719. These are the "interior slopes' which face houses on Agate Way and Coral Way. The ¡mnual 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 Amedor Lakes Apartments are assigned 38.4% of the total assessment. The funds eollected through assessments are accounted for separately from other City funds. These funds can only be used for specified expenses within the boundaries of the Assessment District. The City is required to notify property owners each year regarding a required public hearing for the Assessment District. State Law requires that this notice be given by means of a notice printed In a lotal newspaper and posted in official City posting locations. A copy of the public hearing notice is included with this newsletter as a courlesy. The public hearing regarding the 2005-2006 assessment will be held at the regular City Council meeting of July 19, 2006. The meeting begins at 7;00 p.m. in the Council Chambers of the Dublin Civic Center. ~ City staff has scheduled an informational meeting prior to the Public Hearing in order to fXOvide an oppotfunity to answer questions and address concerns in an Informal setting. The Informational meeting will be held in the Regional Meeting Room of the Civic Center, 100 Civic Plaza, on June 30. 2005 at 6:00 D.m. RECOMMENDED ASSESSMENT Pñor 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 based on the actual cost of the utilities. The Consumer Price Index (CP!) rate of increase as of April 2005 was 2.4%. Therefore, the assessment for 2005--06 is proposed to increase by 2.4%, resulting in the following proposed assessment: $258.90 per single family lot (an increase of $6.06) $43.78 per apartment dwelling unit (an Increase of $1.03) ".. ···.ð... . . .' . {).DO'S' N12.<.0S It..t:k:'-f' \t.O[1V MAINTENANCE ACTIVITIES The City will continue to utilize TruGreen LandCare as its primary maintenance contractor in this District. MCE Corporation will provide some supervision and irrigation re~ir services as needed to supplant TruGreen's work. The District budget for 2005-06 Is proposed to be as follows: Revenues: Total Amount Proposed to Be Assessed: Estimated Interest Revenue: EstImated Prior Year Collections and Penalties Less Estlmated Collection and DellnqU8l1CY Cost: Net Total Revenues $63,046 1,318 176 (1.0721 $113,466 E:xpendltures: Contract MalntenanÅ“ and Utilities: Admlnlstration and Engineering: Total OperatIng Expenses: $74,425 1.350 $76,775 The projected expenses Include approximately $17,000 in Improvement items, consisting of a proposed replacement of a number of trees, as well as addition of new shrubs and bedding plants. It is proposed to use a portion of the reserve in the District to accomplish the improvements. It is important to continue to maintain a reserve balance for the following reasons: (1) The City does not receive income from an assessment until midway through a fiscal year. The reserve therefore provides operalJng 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 re~lrs or plant replacements" REPORTING VANDAUSM AND MAINTENANCE PROBLEMS The City's policy is to re~lr 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 De~rtment at 833-6630. We appreciate your help! If you have any questions about the proposed assessment or maintenance activities in this assessment district, please call the City's Public Works Department at 833-6630.