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HomeMy WebLinkAbout6.5 MAD 86-1 Pubic Hearing CITY CL_ ERK File # O 3 6 a - a o AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 3, 1997 SUBJECT: Public Hearing: Landscaping and Lighting District No. 86-1 (Villages at Willow Creek) 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 2) Engineer's Report (Assessment diagram to be posted at meeting) RECOMMENDATION: c71) Open public hearing c-) njh 2) 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: 1997-98 Sources and Use of Landscape Maintenance District Funds Revenues: Total Proposed Assessments Levied: $55,195.08 Estimated Interest on Reserves: $ 5,750.00 Estimated Prior Year Collections and Penalties $ 173.00 Less Estimated Collection Cost and Delinquency ($ 1.304.00) Net Total Revenues: $59,814.08 Expenditures: Contract Landscape Maintenance: $45,820.00 Utilities: $28,830.00 Capital Project to Paint Fencing $24,000.00 Administration and Engineering Reports: $ 700.00 Total Operating Expenses: $99,350.00 Amount Expenditures Exceed Revenues, To Be Funded From Reserves: $39,535.92 COPIES TO: ITEM NO. 6J J g:\assessd ist186-1\a gsthrn g As shown above, $55,195.08 is proposed to be assessed to property owners for the 1997-98 street landscaping maintenance costs. The difference between the estimated cost and assessments is made up by interest revenue on the reserve account and by use of reserve funds. The amount assessed to property owners ($84.72 per single family home and $42.36 per multi-family dwelling) is the same as the 1996-97 assessment. • 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. Earlier this year, the City Council received a presentation and recommendations regarding the effect of Proposition 218 on the City's assessment districts. At that time, the Council determined that this landscape maintenance assessment for 1997-98 would remain at the same level as the 1996-97 assessment. The time schedule for processing the assessments has been accelerated from previous years, however, with the public hearing proposed.to be held in June rather than in August. For Fiscal Year 1997-98, Staff is not proposing a change with respect to the method of determining the assessments. The District boundary remains the same as last year. The assessment to the property owners is proposed to be $84.72 per single-family home and $42.36 per multi-family dwelling unit. This is the same as the past three years' assessments, and Staff proposes to utilize$39,535.92 of the accumulated- reserve in this District in order to maintain the assessment at the same level. " For this Fiscal Year, it is proposed to include a project to paint the wrought iron fence along the Alamo Creek Channel on Wildwood Road and Fall Creek Road in the City's Five-Year Capital Improvement Program. This fence was originally installed and painted when the Villages at Willow Creek subdivision was constructed, and it is now in need of repainting to prevent future deterioration from rust. The cost of the project is estimated at $24,000. This work can be financed through use of a part of the substantial reserve in this assessment district without increasing the assessment to property owners. Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the resolution. Page 2 RESOLUTION NO. -97 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. 12-97,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 June 3, 1997,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 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 3rd day of June, 1997. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT Na 1986-1 (TRACT 5511) oF Duz, C).\ - ?4,- 19 lade-- 82 dLiFo0 FISCAL YEAR 1997-98 ENGINEER'S REPORT CONTENTS 1. Assessment: Including Scope of Work, Estimate of Costs, Assessment Roll, and Method of Apportioning. 2. Assessment Diagram a Ft ASSESSMENT WHEREAS, on March 4, 1997, 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 Preliminarily As Finally As Filed Approved Approved Cost of Maintenance $98,750.00 $98,750.00 Incidental Expenses $7991.08 $77,991.08 TOTAL COST $176,741.08 $176,741.08 Estimated 1997-98 Interest Income Applied to 1997-98 Operating Costs $5,750.00 $5,750.00 Estimated Surplus from 1996-97 Fiscal Year $115,796.00 $115,796.00 NET TO BE ASSESSED FOR FISCAL YEAR 1997-98 $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 eachrsuch 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 1997-98 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 16, 1997 1 - -1 Ci Engine ' 3 • 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 1997-98 The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 1997-98 is as follows: Maintenance (1) Weeding, fertilizing, pruning, plant replacement, irrigation system: $45,820.00 (2) Utilities: $28,830.00 (3) Capital Project for Fence Painting $24,000.00 (4) Administration $100.00 $98,750.00 Incidentals (1) Engineer's Report and Proceedings $600.00 (2) Cost of Collection (County of Alameda) $923.00 (3) Delinquencies $381.00 (4) Contingencies/Reserve $76,087.08 $77,991.08 TOTAL: $176,741.08 5 ASSESSMENT ROLL Amount of Assessment for Assessment and Lot Number Property Owners Lots/Units 1997-98 Tax Year Per Unit Total Lots 1 - 145 (Village VI) Unknown 145 lots $84.72 $12,284.40 Lot 150 (Village I) Unknown• 56 units $42.36 $2,372.16 Lot 151 (Commercial Corner) Unknown 4 units $84.72 $338.88 Lot 149 (Village II) Unknown 248 units $42.36 $10,505.28 Lot 148 (Village III) Unknown 224 units $42.36 $9,488.64 Lot 146A(Village IV) Unknown 135 units • $42.36 $5,718.60 Lot 146B (Village V) Unknown 204 units $42.36 $8,641.44 Lots 152-177 (Village VII) Unknown 138 units $42.36 $5,845.68 $55,195.08 • • 6 METHOD OF APPORTIONING Each single family lot shall 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 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 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 1997-98 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 16, 1997. 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. 51-97 duly adopted by said Council on May 20, 1997. 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. 89-96, duly adopted by said Council on June 3, 1997. 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 , 1997. 8