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HomeMy WebLinkAbout6.2 MAD 86-1 PubHrNo Tsmny CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: July 26, 1993 SUBJECT: Public Hearing: Landscaping and Lighting District No. 86-1 (Villages at Willow Creek) Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) /Copy of notice sent to property owners (including newsletter) 2) / List of protests received. (Actual protests submitted to be available for review at City Council meeting.) 3) /Engineer's Report 4) /Resolution approving engineer's report,,confirming diagram and assessment, and ordering:levy of assessment. 5) Assessment diagram to be available at meeting RECOMMENDATION: _ 1) Open public hearing -. V� 2) Receive Staff report and public comment 3) Question Staff and the public 4) Continue public hearing to meeting of August 9, 1993 FINANCIAL STATEMENT: The 1993-94 assessment is proposed to be$84.72 per single- family lot and $42.36 per condominium/townhouse lot. The City's costs for maintaining landscaping within District boundaries are reimbursed by the District. DESCRIPTION: As part of the review and approval of the 145-unit single family development (Ridgecreek) and the other, multi-family Villages, certain landscaping maintenance was made a condition of approval. This assessment district was formed for the purpose of providing that landscape maintenance as an alternative to providing the maintenance through a homeowners' association. The City Council approved formation of the District on November 10, 1986, with the initial assessment in Fiscal Year 1987-88. Scope of Work The scope of work for this assessment district includes maintenance of common landscaping improvements within and adjacent to the Villages at Willow Creek Development. Landscaping is located on the west side of Dougherty Road from south of Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along the west side of Wildwood Road and Fall Creek Road, on Willow Creek Drive, and certain landscaped areas within the Ridgecreek (single-family) development. The work performed includes bedding maintenance and pruning, irrigation systems, right-of-way fencing, walls, and entrance signs and trash removal. The District's boundaries include all of Tract 5511. Not included in the scope of work for the assessment district are park maintenance (funded by the City), creek right-of-way maintenance (has been performed and funded by the developer and is now being taken over by Zone 7 Flood Control), and maintenance of landscaping improvements within apartment or townhouse developments (performed and funded by individual homeowners' associations or property owners). New Assessment District Regulations State Law previously required that one annual public hearing be held for 1972 Act Lighting and Landscaping Assessment Districts, and that a 10-day notice of the hearing be published in a local newspaper and posted in the City's three posting places. Staff has typically exceeded those requirements by mailing a notice and newsletter to the property owners approximately two weeks ITEM NO. 6.2 COPIES TO: :,•. CITY CLERK FILE L I3 16I0 E a }:, prior to the hearing date. The State's noticing and hearing requirements changed in 1993 to require that 45-day notices be mailed to all property owners affected by the assessment district, and that two public hearings be held. The first public hearing is for the purpose of taking testimony only; no action is to be taken by the City Council until the second public hearing. Protests Received _ In accordance with State Law, Staff mailed notices to property owners in this District on Thursday, June 24, 1993. As of the date of writing this Staff Report, 19 protests had been received. Staff estimates that the area of property owned by those protesting is approximately 2% of the total assessable property area in this assessment district. State Law provides that a protest consisting of owners of over 50% of the land area of assessable property would cause automatic abandonment of the assessment for 1993-94. Proposed Assessment This year's assessment is proposed to be $84.72 per single-family lot and $42.36 per multi-family lot. This is approximately 2.8% higher than last year's assessment. The increase is due to increases in utility costs, primarily water. This assessment is artifically low, as Staff is again proposing to use a portion of the reserve fund (approximately $10,000) to offset the higher actual District cost. Recommendation Staff recommends that the City Council open the public hearing, receive Staff's presentation, take testimony from Staff and the public, and continue the public hearing to the meeting of August 9, 1993. At the August 9th meeting, the Council will be requested to take any additional testimony and then to act upon the Engineer's Report for the 1993-94 fiscal year. a:(ad)186-1186-1 ph Page 2 I NOTICE OF ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES AT WILLOW CREEK) This assessment district funds the maintenance of landscaping improvements along Dougherty Road, Amador Valley Boulevard, Wildwood Road, Fall Creek Road, and Willow Creek Drive. The district was formed as an alternative to utilizing a homeowner's association to maintain the landscaping. The activities funded by this assessment district include irrigation maintenance(including utility costs), weeding, pruning, fertilizing, fence and wall maintenance, and other activities associated with maintenance of landscapes. The assessment for this district is spread among the property owners within the Villages at Willow Creek and the small commercial lot on the corner of Amador Valley Boulevard and Dougherty Road. Owners of condominium lots are assessed at 50% of the amount of the single-family lot assessment. The assessment for the 1993-94 tax year is proposed to be as follows: Single-family lots: $ 84.72 per lot Condominium lots: $ 42.36 per unit Commercial corner: $338.88 total If you have any questions regarding the proposed assessment or the maintenance activities which take place in this assessment district, please feel free to call the Public Works Department at 833-6630. ENGINEER'S REPORT Copies of the Preliminary Engineer's Report for this assessment district are available at the City Offices, 100 Civic Plaza, Dublin, California 94568. The Engineer's Report explains the scope of work, a breakdown of the costs that are proposed to be paid by the assessment district, and the method of proportioning the assessments between the single-family, apartment/condominium, and commercial lots. PUBLIC HEARINGS Two public hearings will be held for the purpose of hearing protests regarding this assessment. At the first hearing, on July 26, 1993, the City Council will take testimony from the public. At the second hearing, on August 9, 1993, the City Council will again take testimony and then consider and act upon the Engineer's Reports. The public hearings will be held at regular City Council meetings, which begin at 7:30 p.m. These meetings will be held in the Council Chambers of the Dublin Civic Center, 100 Civic Plaza, Dublin. PROTESTS If you wish to protest this assessment, your protest must be made in writing and must be sent to the City of Dublin, 100 Civic Plaza, Dublin, California 94568. Protests must be received no later than the close of the second public hearing as listed above. Your protest should include both the street address of the property and the assessor's parcel number(APN)of the property. The APN is shown on the mailing label for this notice. You may use the form below and/or write a letter which includes the information on the form. The Landscaping and Lighting Act of 1972 provides that a majority protest, which would consist of property owners of over 50% of the land area of the property being assessed, would cause the abandonment of the assessment. PROTEST-Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek) I/we, , protest the assessment under Landscaping and Lighting Maintenance Assessment District#86-1 proposed to be levied on the property assigned Parcel Number - -_-_, located at in the City of Dublin. (address) I am/we are owner(s) of the above parcel: (signature) (signature) If you are not listed as owner(s)on the last equalized roll,you must provide written evidence with this protest that you are owner(s)of the property and world be liable to pay the proposed assessment. OUrleff.€ idel ESL (Be, • VILLAGES AT WILLOW CREEK LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NEWSLETTER FACTS ABOUT THE ASSESSMENT DISTRICT This assessment district was formed in 1986 for the purpose of maintaining certain landscaping improvements within the Villages at Willow Creek development. The following areas are being maintained by the City at the present time: 1. The median and roadside landscaping along the north side of the street for the entire length of Willow Creek Drive. 2. Roadside landscaping along Shady Creek Drive within Lots 1, 2, 3, 4, 5, 6, 15, 16, 37, 38, south of Lot 145, and at the northerly end of Crossridge Road, all within Tract 5511. 3. 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. 4. Roadside landscaping, fence, and pathway improvements along the west side of Wildwood Road. 5. Roadside landscaping, fence, wall, and pathway improvements along the west side of Dougherty Road and the south side of Amador Valley Boulevard adjacent to Lot 150. 6. Roadside landscaping, fence, and pathway improvements along the west and north sides of Fall Creek Road. Other common landscaping improvements not included in the assessment district's scope of work are maintained by the homeowners' associations of individual Villages. Landscaping within the Alamo Creek area is maintained by the Alameda County Flood Control District, Zone 7. STREET LANDSCAPES We have experienced a beetle problem on some of the ground cover, which is now under control with spraying. Water availability has been much better than it was a year ago at this time. However, the cost of water to the City has continued to rise. The rates increased approximately 9% in January of 1993, and we are expecting another increase in January of 1994. The City's maintenance department is very appreciative of those residents of the district who called during the past year to notify us of broken sprinklers and other problems both in and outside of the district. Please continue to let us know when you see broken sprinkler, fallen tree, or any other landscape or irrigation problem. PROPOSED ASSESSMENTS The assessment for 1993-94 is proposed to be increased by about 2.8% over the 1992-93 assessment. The total district maintenance and utility costs are estimated at$69,620 for Fiscal Year 1993-94, and the total assessment is proposed to be$55,195. The assessment is still artificially low due to the use of reserves that were developed in the early years of the district,plus the use of interest collected on these reserves. The proposed individual assessments are shown on the reverse side of this notice. PARK IMPROVEMENTS The cost of park improvements and maintenance is paid by the City and not charged to the assessment district. The City's park masterplans include a number of improvements for the Dougherty Hills Park(the "hill" to the west of the Villages). To date, trails have been cut to allow hiking on the hill. Proposed future projects could provide a parking area along Amador Valley Boulevard, day camp and picnic facilities, restrooms, and naturalized landscaping. Due to the City's present budget constraints, the Five Year Capital Improvement Program currently lists any future plans or improvements for this area as unfunded. If you have any questions about the proposed assessment or maintenance activities in this assessment district, or would like to report an irrigation problem which needs attention,please call the City's Public Works Department at 833-6630. • PROTESTS RECEIVED - VILLAGES LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 86-1 As of: July 20, 1993 Name Address APN Abad 7992 Crossridge Road 941-2784-031-00 Alviso 7812 Shady Creek Road 941-2783-079-00 Angerman 7621 Tuscany Drive 941-2792-042-00 Bias 7442 Oxford Circle 941-2788-143-00 Bradford 6411 Dijon Way 941-2792-021-00 Cecaci 7885 Shady Creek Rd. 941-2784-004 Dela Cruz 6520 Nottingham Place 941-2788-074 Lange 7537 Oxford Circle 941-2788-088 Larsen 7445 Oxford Circle 941-2788-175 Martini 7476 Oxford Circle 941-2788-112-00 Myers 7611 Quail Creek Circle 941-2783-063 Osterloh 7730 Chantilly Drive 941-2792-077-00 Pantazis 7707 Chantilly Drive 941-2792-055-00 Salerno 7615 Shady Creek Rd. 941-2783-064-01 Soon/Lee 7635 Quail Creek Circle 941-2783-062-00 Steffen 7532 Oxford Circle 941-2788-049-00 Ulaski 7736 Chantilly Drive 941-2792-083-00 Utpadel 7449 Oxford Circle 941-2788-177-00 Wong 7714 Chantilly Drive 941-2792-070-00 ZOTIE5rUST CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1986-1 (TRACT 5511) FISCAL YEAR 1993-94 ENGINEER'S REPORT CONTENTS 1. Assessment: Including Scope of Work, Estimate of Costs, Assessment Roll, and Method of Apportioning. 2. Assessment Diagram • 3 ASSESSMENT WHEREAS, on January 25, 1993, 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 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. ESTIMATE OF COSTS (1) (2) (3) As Filed As Preliminarily As Finally Approved Approved Cost of Maintenance $ 69,620.00 $ 69,620.00 • Incidental Expenses $ 113,371.08 113.371.08 TOTAL COST: $ 182,991.08 $ 182,991.08 Estimated 1993-94 Interest Income Applied to 1993-94 Operating Costs: $ (5,360.00) $ (5,360.00) Est. Surplus from 1992-93 Fiscal Year $ (119,536.00) $ (119,536.00) Income from Other Sources $ (2,900.00) $ (2,900.00) NET TO BE ASSESSED FOR FISCAL YEAR 1993-94 $ 55,195.08 $ 55,195.08 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 1993- 94 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: May 24, 1993 City Engineer 3 f SCOPE OF WORK The following areas are to be maintained by this Maintenance Assessment District: 1) The median and roadside landscaping along the north side of the street for the entire length of Willow Creek Drive. 2) Roadside landscaping along Shady Creek Drive within Lots 1, 2, 3, 4, 5, 6, 15, 16, 37, 38, and south of Lot 145, all within Tract 5511. 3) 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. 4) Roadside landscaping, fence, and pathway improvements along the west side of Wildwood Road. 5) Roadside landscaping, fence, wall, and pathway improvements along the west side of Dougherty Road and the south side of Amador Valley Boulevard adjacent to Lot 150. 6) Roadside landscaping, fence, and pathway improvements along the west and north sides of Fall Creek Road. 7) Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-way. 4 ENGINEER'S COST ESTIMATE FISCAL YEAR 1993-94 The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 1993-94 is as follows: Maintenance 1. Weeding, fertilizing, pruning, plant replacement, irrigation system: $ 48,600.00 2. Utilities: 21,020.00 $ 69,620.00 Incidentals 1. Engineer's Report and proceedings: $ 1,228.00 2. Cost of Collection (County of Alameda): 938.32 3. Delinquencies: 1,656.76 4. Contingencies/Reserve: 109,548.00 $113,371.08 TOTAL: $182,991.08 5 • ASSESSMENT ROLL Amount of Assessment Assessment & Lot No. Property Owners 1993-94 Tax Year Lots 1-145 (Village VI) Unknown 145 lots $84.72/lot = $12,284.40 Lot 150 (Village I) Unknown 56 units $42.36/unit = 2,372.16 Lot 151 (Comm'l. Corner) Unknown 4 units $84.72/unit = 338.88 Lot 149 (Village II) Unknown 248 units $42.36/unit = 10,505.28 Lot 148 (Village III) Unknown 224 units $42.36/unit = 9,488.64 Lot 146A (Village IV) Unknown 135 units $42.36/unit = 5,718.60 Lot 146B (Village V) Unknown 204 units $42.36/unit = 8,641.44 Lots 152-177 (Vill. VII) Unknown 138 units $42.36/unit = 5,845.68 $55,195.08 6 METHOD OF APPORTIONING Each single family lot shall be assigned a benefit unit of one (1), each multifamily 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 apportionments for each Village for this Fiscal Year: Number of Benefit % of Total Living Units Units Assessment Lot 150 Village I 56 28 4.30 Lot 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 Village V 204 102 15.66 Lots 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 Open Space 0 0 0.00 Total: 1,150 651.5 100.00 7 • CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 CERTIFICATIONS FISCAL YEAR 1993-94 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 May 24, 1993. f7, I, the City Clerk of the City of Dublin, California, hereby ce 'fy 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. 64-93 duly adopted by said Council on ►_.y 24, 1993. I, the City Clerk of the City of Dublin, California, hereby c-rtify 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. -93, duly adopted by said Council on August 9, 1993. 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 , 1993. 8 RESOLUTION NO. -93 A RESOLUTION OF'DIE 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. 22-93, a Resolution Directing Preparation of Annual Report for 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 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 26, 1993 and August 9, 1993, at 7:30 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, were 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 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 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 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 9th day of August, 1993. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a:(ad)186-1186-11evy