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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 5, 2003
SUBJECT: Public Hearing: Landscaping and Lighting District No. 83-2
(Tract 4719 - Stagecoach Road)
Report Prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED: 1) Resolution approving Engineer's Report, confirming diagram
and assessment, and ordering levy of assessment at proposed
new rate
2) Resolution approving Engineer's Report, confirming diagram
and assessment, and ordering levy of assessment at 2002-
2003 rate
3) Engineer's Report and Assessment Diagram
4) Informational Newsletter Mailed to Property Owners
RECOMMENDATION: 1) Open public hearing
2) Receive Staff Report and public comment
3) Question Staff and the public
4) Close public hearing and continue item until ballots have
been tabulated
5) Once tabulation of ballots has been completed, City Clerk
will announce the results
a) If ballot results are 51% or more for "yes," adopt
Resolution 1 approving engineer's report, confirming
diagram and assessment, and ordering levy of
assessment at the proposed new rate for 2003-2004
($61,261.62)
.OR
b) If ballot results are 51% or more for "no," adopt
Resolution 2 approving engineer's report, confirming
diagram and assessment, and ordering levy of
assessment at the 2002-2003 rate ($55,698.04)
COPIES TO:
ITEM NO. ~
g:\assessdist\83 ~2\83-2staffrepthrg2003
FINANCIAL STATEMENT:
2003-2004 Sources and Use of Maintenance Assessment District Funds
Revenues:
Total Amount Proposed to Be Assessed: $61,261.62
Estimated Interest Revenue: 1, 051. O0
Estimated Prior Year Collections and Penalties 12& O0
Less Estimated Collection and Delinquency Cost: (1,041.45)
Net Total Revenues $61,399.17
Expenditures:
Contract Maintenance and Utilities: $65,411. O0
Administration and Engineering: 3~ 750. O0
Total Operating Expenses: $69,161. O0
The above calculations include a proposed increase of approximately 10% over the
2002-2003 assessment. Please see Description below regarding the source and reasons
for the requested increase. Based on the above, expenditures would still exceed revenues,
and a minor amount of reserve funds would need to be used.
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 th~ Dublin Hills Estates development. The maintenance cost for Stagecoach Park, as well as the
undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget
and is not a part of this Assessment District.
The estimated June 30, 2003, reserve for this District is projected to be $30,626. The actual reserve will
not be known until the City closes its books and accrues the necessary revenues and expenses. In the past,
portions of the reserve have been used for landscape renovations and to keep the assessment to property
owners as low as possible. The level of service in this District has been tailored to the available funds
(i.e., low assessment, small reserve) as much as possible, rather than requesting to increase the assessment
in order to perform additional work. This District has quite a large landscaped area, which is supported by
relatively few property owners.
For Fiscal Year 2003-2004, the District boundary remains the same. When the District was formed, the
spread of assessments was to be recalculated each year so that single-family homes paid 100% of the cost
of interior slope landscape maintenance and 40% of the cost of Stagecoach Road landscape maintenance,
while the Amador Lakes Apartments paid 60% of the Stagecoach Road landscape maintenance. The
combination of these percentages has resulted in an overall spread of 61.6% of the assessment to the
single-family homes and 38.4% to the apartments. It is proposed to revise the Engineer's Report to
reflect these as constant percentages, as any change would trigger a vote of the District owners under
Proposition 218.
Proposed Increase
Staff has been meeting regularly with some of the property owners in this District. It has become apparent
that an increased assessment is in order to maintain and replace certain landscaping improvements. As
noted in the Financial Statement of this Report, the proposed increase is ! 0% above the 2002-2003
assessment. The assessment in this District has not been increased for the past ten years.
During Fiscal Year 2002-2003, Staff conducted a soils investigation which resulted in a recommendation
for an additional and different type of fertilization than has been used in the past. The increase in
assessment is proposed to fund the cost of additional fertilization, as well as additional plant material.
The assessment to single-family property owners in the Dublin Hills Estates development is proposed to
be $251.58 per single-family home. The Amador Lakes Apartments property is proposed to be assessed at
a rate of $42.54 per dwelling unit (or $23,524.62 for the entire apartment development). The proposed
Engineer's Report also includes an escalation clause for succeeding years that allows the maintenance cost
to increase according to the Consumer Price Index and the utility cost to increase according to the actual
cost of utilities.
Notification
This proposed increase requires a vote of the property owners under the terms of Proposition 218, similar
to the vote conducted in the Dougherty Assessment District two years ago. A required 45-day mailed
notice for the public hearing was sent out on June 20, 2003, along with a ballot and an informational
newsletter (Attachment 4) explaining the reasons for the proposed increase and balloting procedure.
Staff held an informational meeting on July 10, 2003. Two residents (from one property address)
attended the meeting and expressed concern about the landscaping in the planter strip on the west side
of the street, as well as several unrelated items. While no telephone inquiries had been received as of
the time this report was written, Staff has been in touch with the members of the ongoing committee in
this District, as well as with the Owner of the Amador Lakes Apartments, regarding the proposed increase
and maintenance activities.
Ballot Procedure
Proposition 218 requires that the ballots received from property owners be opened and tabulated at the
City Council meeting, and that the results be made available in written form. The potential total number
of ballots is 151. In order to avoid delaying the meeting, Staff recommends that the public hearing be
conducted early on the agenda. The procedure would be as previously outlined in the "Recommendation"
portion of this Report:
Open public hearing
Receive Staff presentation and public comment
Question Staff and the public
Close public hearing and continue the decision until the ballots have been tabulated
Ballots can be submitted any time up until the close of the public hearing. Anyone wishing to change
his or her vote must do so prior to the close of the public hearing. Staffwill make replacement ballots
available at the meeting.
Page3 ~
It is proposed that Staffmembers take the ballots into the Regional Meeting Room for tabulation so that
the City Council meeting can continue without disruption. Any members of the public interested in
observing the tabulation of ballots may do so. Each vote is weighted according to the amount of the
assessment; in other words, the votes from the single-family property owners would have a value of
$251.~58 each, and the value of the apartment lots would be $42.54 each, or a total of $23,524.62 for the
entire apartment complex.
Recommendation
After the ballots are tabulated, the City Clerk will announce the results. At that time, the City Council
should adopt the appropriate resolution. If 51% or more of the ballots received (based on relative values)
are "yes," the City Council should adopt Resolution Attachment 1 approving the levy of assessment with
increase. If 51% or more of the ballots received are "no," the City Council should adopt Resolution
Attachment 2 approving the levy of assessment at the 2002-2003 rate.
Page 4 ¢~
I~_,SOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DECLARING THE RESULTS OF AN ASSESSMENT BALLOT PROCEEDING AND
APPROVING CERTAIN ACTIONS
WHEREAS, the City Council of the City of Dublin called and duly held an assessment ballot
proceeding for Landscape and Lighting District No. 83-2 (hereafter referred to as the "District"), pursuant to
Resolution No. 95-03 for the purpose of presenting to the qualified property owners within the District a
proposition for the increase in the assessments and an assessment range formula to allow for reasonable
increases; and,
WHEREAS, The landowners of record within the District as of the close of the Public Hearing held on
August 5, 2003, consented to the increase in the assessments and the assessment range formula to allow for
reasonable increases;
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY
COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The canvass of the votes cast in the District at the assessment ballot proceeding held in the
District on August 5, 2003, is hereby approved and confirmed.
Section 3 The proposition, presented to qualified property owners of the District for receipt by the City
Clerk on August 5, 2003, each has received a vote, weighted according to the proportional financial obligation
of the affected property. Of the qualified property owners voting at said assessment ballot proceeding, the
proposition has carded. The City Council is hereby authorized to take the necessary steps to levy the
assessment as authorized by the proposition.
Section 4 The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council,
which shall constitute the official declaration of the result of such assessment ballot proceeding.
Section 5 This Resolution shall become effective immediately upon its adoption.
Section 6 The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of August, 2003.
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Mayor
!
City Clerk
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DECLARING THE RESULTS OF AN ASSESSMENT BALLOT PROCEEDING AND
APPROVING CERTAIN ACTIONS
WHEREAS, the City Council of the City of Dublin called and duly held an assessment ballot
proceeding for Landscape and Lighting District No. 83-2 (hereafter referred to as the "District"), pursuant to
Resolution No. 95-03 for the purpose of presenting to the qualified property owners within the District a
proposition for the increase in the assessments and an assessment range formula to allow for reasonable
increases; and,
WHEREAS, The landowners of record within the District as of the close of the Public Hearing held on
August 5, 2003, denied the increase in the assessments and the assessment range formula to allow for
reasonable increases; and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL
FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The canvass of the votes cast in the District at the assessment ballot proceeding held in the
District on August 5, 2003, is hereby denied.
Section 3 The proposition, presented to qualified property owners of the District for receipt by the City
Clerk on August 5, 2003, each has received a vote, weighted according to the proportional financial obligation
of the affected property. Of the qualified property owners voting at said assessment ballot proceeding, the
proposition has failed. The City Council is hereby authorized to take the necessary steps to approve the
Engineer's Report, as amended, to reflect the results of said ballot proceeding, and lower the assessment
amount to the allowable rate of said District.
Section 4 The City Clerk is hereby directed to enter this Resolution on the minutes of' the City Council,
Which shall constitute the official declaration of the result of such assessment ballot proceeding.
Section 5 This Resolution shall become effective immediately upon its adoption.
Section 6 The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of August, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Mayor
CITY OF DUBLIN
LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2
(TRACT 4719)
FISCAL YEAR 2003-2004
ENGINEER'S REPORT
TABLE OF CONTENTS
ENGINEER ~S LETTER ...............................................................................
ESTIMATE OF COSTS ................................................................................ 5
METHOD OF APPORTIONMENT ............................................................. 6
PARCEL LISTING.°.. ................................................................................... 7
CER TIFICA TIONS ........................................
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 its
Resolution Directing Preparation of Annual Report for Maintenance Assessment District 1983-2
for the maintenance of improvements rrore particularly therein described; and
WHEREAS, said Resolution directed the undersigned to prepare and file a report
pursuant to Section 22565, eto 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 incidemal thereto, to be paid by said District.
SUMMARY OF ASSESSMENT
(1) (2) (3)
With Proposed Without Proposed As Finally
Increase Increase Approved
Cost' Of Maintenance $65,411. O0 $59,942. O0
Incidemal Expenses $2 7, 655. 62 $2 7, 561.04 ......
TOTAL COST $93,066.62 .. $87,503.04 ...
Pri0~' Year cOllections &' Penalties ($128. 00) ($1.28. 00)
Estimated 2003-04 Interest Income
Applied to 2003r04 Operating Cost .. ($1,051.00) ($1,051.00)
Estknated Surplus from 2002-03
Fiscal Year ($30, 626. 00) ($30, 626. 00)
' AMov T TO AssESSOr
FOR FISCAL YEAR 2003-2004 $61,26L62 $55,698.04
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 w/thin said landscaping maintenance assessment d~trict 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 fi:om 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 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 w~thin a public easement for those slope areas to the rear of
Lots 80 through 86 and 37 through 48, all w/thin Tract 4719.
Assessment rates at their current level are not sufficient to provide landscape
maintenance services at a level desired by property owners. At the request of the property owners
in the District and in accordance with Proposition 218 a ballot election requesting property owners
to vote on a 10% increase to their em'rent assessment will be conducted. This increased funding
w/ti be used to enhance landscape service levels to better serve property owners in the District.
Each lot or parcel of land assessed is described ~n the assessment list by reference to
its parcel number as shown on the Assessor's Maps of the County of Alameda for the Fiscai Year
2003-2004 and includes all of such parcels excepting those portions thereof w/thin 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 t..h.e~ number of the essment.
Dated: June 3, 2003 t/~ --
(,~/Lee S~son t
2 ESTIMATE OF COSTS
The estimated cost for the maintenance of improvements described in this Report for Fiscal Year
2003-2004 is as follows:
Maintenance
With Proposed Without Proposed
Increase Increase
Scheduled Maintenance $43,452, O0 $43,452. O0
Funds Available for Additional Services $5,469. O0 $0. O0
Utilities $16..490. O0 $16, 490. O0
. $65,411. O0 $59,942.00
Incidentals
Engineer's Report and Proceedings * $3,750. O0 * $3,750. O0
County of Alameda Collection Costs (1.7%) $1,041.45 $946.87
Contingencies/Reserve $ .2. 2, 864..17 $22,864.17
$27~655.62 $27,$61.04
TOTAL: $93,066.62 $87,503.04
· Includes $2,500 for the cost of balloting.
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 I52 and 153, being park and open space, shall have a zero assessment. Lots 154 and 155,
being public agency owned, shah have a zero assessment.
To maintain service levels over time the annual maintenance cost shall be increased annually
beginning ha fiscal year 2004-2005, 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).
SAMPLE CALCULATION:
Assuming an increase in the index of 1% and a utility increase of 5%:
MAiNTENANcE cOsT $60,911
LESs uTmiTY coST (Stmj~C'T TO K~TE tNCRE^SE ONLy) ..... ($1.6,490)
, ,, $44,42!,
ASSESSMENT SUBJECT TO INDEx INCREASE' $44~4~.!'
INDEx INCREASE (AssUMED 1%) 44,421 x .0t = 444 $444
..... $44,8,65
ENERGY COST $16,490
5%. UTILITY .RATE .INCREAsE ~6, 4~0 X. 0.5. = 8~4..50 $824:.50
, , . $17,3.14.50
" NEW TOTAL MAINTENANCE COST' $62,179.$0
4 PARCEL LISTING
With the Increase Without the' Increase ' '
Assessment 2003-2004 2003-2004
Assessment
Property Number Assessment Total Total
& Lot Owners of Unils per Unit per Unit
Number Assessment Assessment
Lots 1 - 150,
Tract 4719 Individual 150 $251.58 $37,737.00 $228.72 $34,308.00
Owners
Lot 1521 Tract
4719 Public- 0 $0.00 $0.00 $0.00 $0.00
Owned
Lot 153, Tract
4719 Public- 0 $0.00 $0.00 $0.00 $0.00
Owned
Lot 154 Public- 0 $0.00 $0.00 $0.00 $0.00
Owned
Lot 155 Public- 0 $0.00 $0.00 $0.00 $0.00
Owned
Lots 1-553,
Tract 5180 Individual 553 $42.54 $23,524.62 $38.68 $21,390.04
Owners
DiStrict
.. Total: 7~}3.. N/A $61,241.62 $55,698.04
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.
5 CERTIFICATIONS
I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Engineer's
Report, including Assessment, in the mounts se~ forth in Section 2, with the diagram thereto
attached, 'was filed with me on June 3, 2003.
I, the City Clerk of the City of Dublin, Calffo~ hereby certL~ that the fo eg ' g Assessment,
with the diagram thereto attached, was preliminarily approved and corrfirmed by the City Council of
said Co cil on J e , 2003.
said City by its Resolution No. 95-03, duly adopted by ~on~~_ ~_~
I, the City Clerk of the City of Dublin, California, hereby ce that the ~%regoing Assessmem,
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 August 5, 2003.
I, the City Clerk of the City of Dublin, California, hereby certify that a certdied copy of the
Assessment and diagram was filed in the office of the County Auditor of the County of Alameda,
California, on August 10, 2003.
INFORMATIONAL NEWSLETTER
CITY OF DUBLIN LANDSCAPE MAINTENANCE DISTRICT 83-2
STAGECOACH ROAD
About theDistrict homes (from $228.72 to $251.58) and an
additional $3.86 per apartment unit (from $38.68
This assessment distdct was formed in 1983 for to $42.54). This would be the first increase in
the purpose of maintaining landscaping the past "10 years. It is also proposed to include
improvements along Stagecoach Road and on a clause that would allow the assessment to
the "interior slopes" of AgateWay and Coral Way. increase in succeeding years based on the
The property owners in this district include the February Consumer Price index (All Urban
150 single-family homes of the Dublin Hills Consumers, San Francisco Bay Area) and by the
Estates development, as well as the Amador actual cost of utilities.
Lakes Apartment complex. Costs incurred by the
Distdct include utilities and contract landscape This increase would provide for the additional
maintenance, fertilizations and begin replanting those areas
where the plant materials have done poorly.
Recent Activith}s
Ballot Procedure
In the past, the City has received concerns from
property owners regarding its landscape The passage of Proposition 218 requires affected
maintenance contractor. Dudng the 2002-03 property owners to vote on any proposed
Fiscal Year, the City received bids from severa~ ir~creases in their assessment. All property
landscape contractors for maintenance in this owners in the Distdct are being mailed ba~iots and
District. The most cost-effective bid was received asked to vote as to whether they support or
from TruGreen Landcare, and the City Council oppose the increase.
approved a contract with TruGreen on November
1, 2002. Why Should You Vote?
Because of the poor performance by some of the Your vote will decide if the assessment that is
plant mateda~ in this District, the City also used for maintaining and improving landscaping
undertook a soil fertility and analysis study. The within this District should be increased to help
study indicated that the soil is on the alkaline side finance the increased costs of providing these
and is lacking in certair~ other nutrients. The services. Your vote.on this matter,.i.s important
study recommended increasing fertilLzation from be. ca..use only returned ballots will be cou. nt.ed~
the current two times per year up to four times
per year and also treatment with sulphur to What w~il happen if the increase is not
increase absorption and reduce alkalinity, approved?
The City has planted several types of ground If the increase is not approved the assessment
cover at the base of the slope along Coral Way will be levied at current rates. It is likely that the
with the new soil amendments to test the effects additiona~ fertilization cannot be carded out, and
of the changes on various plant materials, the level of maintenance may decrease in order
not to exceed available funds.
Proposed Increase in Assessment
How is the Assessment Calculated?
Because of the recommendation for increased
fertilization, and because maintenance costs The total cost of maintenance and utilities is
have increased over the years while the allocated to each property based on the
assessment has remained constant, City Staff is estimated special benefit received. The method
recommending a 10% increase in the annual of benefit allocation .is based on the relative
assessment. The proposed increase is an benefit to a property in relation to a single-family
additional $22.86 per year for single-family home.
An Engineer's Report detailing the method of at the Public Headng that evening before the
assessment, budgets and assessments for each close of public testimony.
parcel is available for review at the City Public
Works Department tocated at 100 Civic Plaza, Only returned ballots that are signed and specify
Dublin CA 94568. the property owner's support or opposition are
Individual Assessment Distdct funds are entirely counted. The individual signing the ballot should
separate from the City's General Fund and from be the legal property owner or have the property
the funds collected for other Assessment owner's authority to vote and sign the ballot.
Districts. Ballots will be weighted by the amount of the
assessment to be paid, If a majodty of the ballots
How to Vote retumed, weighted by their assessment amount,
is opposed to the increase in the assessment, the
Vote by completing the enctosed ballot and assessment will be imposed at the current rate.
returning it in the envelope provided or hand
deliver it to the City Clerk's Office located at the
Dublin Civic Center, 100 Civic Plaza, Dublin CA
94568. Ail ballots must be received by the City ~:u~es~L~2~qash~et
Clerk by 7:00 p.m. on August 5, 2003 or received
YOUR COMMENTS ARE IMPORTANT
Your input is very important to the City. You are invited to attend the following meetings. At
these meetings you will hear more information about the assessment and wilt have the
opportunity to ask questions and to give input to City Staff. You may also provide your input to
the City in written form. Any input you wish to provide or issues you wish to raise must be
received by the Distdct before the close of the public headng on August 5, 2003.
iNFORMATIONAL MEETING
A neighborhood meeting will be held on Thursday, July 10, 2093, at 7:00 p.m,. in the Regional
Meeting Room of the Dublin Civic Center, 100 Civic Plaza, Dublin CA 94568. Property owners
will receive a presentation and will have an opportunity to ask questions and make comments in
an informal setting.
PUBLIC HEARING
A public headng wii] be held on Tuesday, August 5, 2003 at 7:00 p.m. in the City Council
Chambers, located at 100 Civic Plaza, Dublin CA 94568. Following the public hearing, the
ballots will be counted and the results will be announced later that same evening. At that time
the Council will make its final decision on the levy of the assessment.