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HomeMy WebLinkAbout9.2 MAD93-1DistrctFormation .... - . . . CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: June 1, 1993 SUBJECT: City of Dublin Landscaping and Lighting Maintenance Assessment District 93-1: Formation of District, Preliminary Engineer's Report, and Setting of Public Hearing Dates Report by: Public Works Director Lee Thompson EXHffiITS ATTACHED: 1) 2) 3) 4) 5) 6) RECOMMENDATION: fI,/l) . "< 2) 3) / Preliminary Engineer's Report "A" / Preliminary Engineer's Report "B" / Resolution of Intention - Alternate "A" / Resolution of Intention - Alternate "B" / Draft Public Hearing Notice / Assessment Diagram Provide direction regarding 5 % protest issue Determine whether Staff should proceed further with the Landscaping and Lighting District formation If the City Council wishes to pursue formation of the District, adopt either a) Resolution of intention approving Engineer's Report "A" (street ID:!.d park landscape maintenance) OR b) Resolution of intention approving Engineer's Report "B" (park landscape maintenance only) FINANCIAL STATEMENT: Per the City Council's direction, the total assessment per single family home for this proposed landscaping and lighting maintenance district is not to exceed $18.00 for Fiscal Year 1993-94. Alternate A: A City-wide assessment would raise an estimated $166,508 (net of administration costs). The Stagecoach and Villages area assessment districts already maintain portions of Amador Valley Boulevard, Dougherty Road, and Stagecoach Road landscaping, and if these two districts are levied a zero assessment for the new district, the total new revenue would be reduced to $134,468 (net of administration costs). Alternate B: If the park maintenance only is covered by residential property only, the estimated net revenue would be approximately $119,794, including the properties located within the Stagecoach and Villages Assessment Districts. The annual administration of a maintenance district would cost between $8,200 and $8,900 depending on the alternate chosen. These costs would be paid by the assessment district and thereby deducted from assessment revenue to the City. DESCRIPI'ION: Atthe May 10, 1993, meeting, the City Council adopted a resolution initiating proceedings for the formation of a new assessment district to be formed under the Landscaping and Lighting Act of 1972. This assessment district would fund the cost of street and park landscaping maintenance, up to the total amount that could be collected based on the City. Council's desired cap of $18.00 per single- family residence. As an alternate, if the City CounCIl chooses to fund the street landscaping program ~~:;~~~~-~---------:;~~~-~~~------------------------------------------------------------------------ . . with Gas Tax funds for FY 1993-94, the new district would only fund a portion of the park maintenance budget. Adoption of the attached resolution states the City Council's intention to form the assessment district and sets public hearing dates pursuant to the Landscaping and Lighting Act of 1972 and the new assessment district regulations. The proposed district boundary would be the existing City Limits of Dublin. The Landscaping and Lighting Act of 1972 specifies that the district cannot be formed if the property owners of over 50% of the total property area protest its formation. At the May 10th meeting, the City Council questioned whether it was possible that a 5 % protest could be instituted to place the issue on the ballot. Since this issue is not governed by State Law but by the desire of the City Council, the City Council may institute the 5 % protest factor if it so desires. If so, Staff would need to include that information in the notice that is sent out to property owners. It should be noted that if this district were to go to an election, assessments could not be levied for Fiscal Year 1993-94, and the cost of a special election is estimated to be $25,000. The issue before the voters would be advisory only, in accordance with Elections Code Section 5353. The cost of an election and administration costs would amount to over 25 % of the first year's assessments. Since this is such a high percentage, it may be more prudent to pick a protest percentage at which the City Council would abandon the assessment district proceedings rather than going to a vote since the purpose of the District would be to offset existing costs. Each year that the City Council wishes to levy assessments, the process of mailing a 45-day notice to all affected property owners and holding 2 public hearings must be undertaken. The process for the establishment of this new maintenance assessment district and for the establishment of this assessment district is as follows: TypiCal TIme of Year May 10th June 1st No later than June 25th July 26th August 9th July (normally) August 16th at latest No later than the 3rd 8) Monday in August 1) Action Taken City Council appoints the District Engineer and directs preparation of the Engineer's Report for costs and assessments. The Preliminary Engineer's Report is prepared and submitted to the City Council for review and approval and for setting the two public hearing dates. 2) 3) A public hearing notice is sent out to all property owners in the District explaining the scope of work and proposed assessments. The notice must be mailed at least 45 days in advance of the second public hearing date. 4) 5) The first hearing is held for information and for taking public testimony. The second hearing is held and the City Council finally approves the Engineer's Report and sets the assessments for the upcoming fiscal year. The City receives a new March 1 assessor's roll on magnetic computer tape. Staff compares the previous year's records with the new roll, makes makes necessary adjustments and transmits the new data to a computer service to put on magnetic tape with the new assessments. The approved Engineer's Report and the computer tape are delivered to the County Auditor. 6) 7) The two alternate Engineer's Reports attached to this agenda statement are as follows: Engineer's Report Alternate "A" Alternate "A" would fund a portion of the street landscaping budget, the street tree budget, and the park maintenance budget. It would be a City-wide district covering all land uses, including residential and commercial properties. The assessment spread is proposed to be based on using a method of factor rates assigned to different land uses. The establishment of a factor rate of "1" would be calculated by dividing the total assessment for the year by the sum of factor rate numbers assigned. A single-family home and a condominium would have a factor of 1; multiple units of 2 to 4 units would have a factor of 3; Page 2 . . apartment complexes would have a factor of 6; and all non-residential uses would have a factor of 5.5 per acre of land. The 5.5 unit for non-residential uses is derived from an average single-family lot being under 8,000 square feet. Dividing this area into an acre equals 5.5. Publicly-owned land, cemeteries, and common open space would have a factor of zero. Vacant property would have an assessment equal to one-half of the amount the property would have if built upon. The single-family lot with a factor of 1 would have an assessment of $18.00 for Fiscal Year 1993-94, other uses being multiples of the factor times $18.00. As this is a benefit assessment district, a connection must be made between the assessment and the benefit to those being assessed. The primary benefit to residential users is in the use of the park system. The commercial properties benefit from having landscaped commercial area medians and street trees, making Dublin a more pleasant place to shop and conduct business. All uses benefit from the increased property value of property because of upkeep of street landscaping. Within this proposed District under Engineer's Report Alternate "A" are two existing landscape maintenance assessment districts. These are the Stagecoach Road District, which now maintains the landscaping along Stagecoach Road, as well as some of the interior slope landscaping within the development, and the Villages District, which maintains landscaping along Amador Valley Boulevard and Dougherty Road. As both these existing Districts are already assessed for landscaping along major streets, and the assessments are far above the proposed $18.00 single-family assessment, it is Staff's recommendation that the properties within the Villages and Stagecoach Districts have a zero assessment. Engineer's R~port Alternate "B" Should the City Council choose to fund the street landscaping program with Gas Tax monies by postponing the Dublin Boulevard widening and repair between Hansen Drive and Silvergate Drive, the Alternate "B" report would apply. This alternate would only fund a portion of the park maintenance budget. As non-residential uses receive limited benefit from park maintenance, it is Staff's recommendation that the assessments be levied only on residential uses. The assessment factors for the residential uses would be the same as outlined in Alternate" A," and all non-residential uses would have a zero factor. Still using $18.00 as the assessment for a single-family lot and a use factor of 1, the revenue would decrease because of the loss of assessments to non-residential uses. It is recommended that the Stagecoach and Villages Districts be assessed in this case, as the assessments from those two Districts do not pay for any of the park system maintenance. It should be noted that the City Council may determine not to form the assessment district or may change the amount of the assessment as part of the hearing process. Once this District is formed, the noticing and public hearing process will need to continue for the approval of each year's levy of assessments. Staff recommends that the City Council (1) provide direction regarding the 5% protest factor; (2) determine whether Staff should proceed further with Landscaping and Lighting Maintenance Assessment District 93-1; and, if formation of the District is to be pursued, (3) adopt either Resolution of Intention Alternate "A" (street and park landscape) or "B" (park landscape only). Adoption of either resolution would approve the appropriate Engineer's Report and set two public hearing dates of July 26 and August 9, 1993. . a:(ad) 193.} lagstform Page 3 . . ALTERNATE "A" For 1993-94, both street and park landscaping are included and assessed to both residential and non-residential uses. CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 93.1 FISCAL YEAR 1993-94 PRELIMINARY ENGINEER'S REPORT CONTENTS 1. Assessment: Including Estimate of Costs, and Method of Apportioning (Assessment Roll Under Separate Cover) 2. Assessment Diagram . .' ;-. --,... ,,- ;';--'::'1 I ...., L. ~,~. ~~~, ~.~..~~ ,~~ _."".~~.__~_ GN GlI Nett 5 1<E'Pr. A 1.T. A . . ASSESSMENT WHEREAS, on May 10, 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 1993-1 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) (la) As Filed As Filed excluding Stagecoach and Villages M.A.D.s (2) (3) As Preliminarily As Finally Approved Approved Cost of Maintenance $865,970 $865,970 Incidental Expenses $ 10.505 $ 8.925 TOTAL COST: $876,475 $874,895 City of Dublin Contribution (701.755) (733.795) NET TO BE ASSESSED FOR FISCAL YEAR 1993-94 $174,720 $141,100 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 as of March 1, 1993, 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. 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 Page 2 . . 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: June 1, 1993 City Engineer Page 3 . . SCOPE OF WORK The scope of work for which this assessment district is formed shall include the maintenance of street landscaping, street trees, and parks, including utilities, turf maintenance, pruning, weeding, fertilizing, plant replacement, and any other activities generally associated with the maintenance of landscaped streets, street trees, and park areas, all within the corporate limits of the City of Dublin. Page 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 (including utilities) Street Landscaping Park Maintenance Incidentals 1. 2. 3. $249,770 616.200 Entire Cicv Engineer's Report and proceedings: $ Cost of Collection (1.7 % ) (County of Alameda): Delinquencies (3 % ): 2,293 2,970 5.242 TOTAL: Page 5 $865,970 $ 10.505 ~876.475 Excluding Stagecoach and Villa2es M.A.D. 's $ 2,293 2,399 4.233 $ 8.925 $874.895 . . ASSESSMENT ROLL The assessments shall be levied upon the properties as listed in the March 1, 1993, Alameda County Assessment Roll. The property owners I names are unknown to me. For Fiscal Year 1993-94, the assessment shall be $18.00 for a unit factor of "1." At City Council option: Those properties within Landscape Assessment Districts 1983-2 and 1986-1 shall have an assessment a/zer%r Fiscal Year 1993-94. Page 6 . . METHOD OF APPORTIONMENT OF ASSESSMENT The assessments shall be spread using a method of "factor rates" assigned to different land uses. The establishment of the apportionment of a factor rate of "1" will be calculated by dividing the total assessment of the year by the sum of factor rate numbers assigned wherein the factor rates are assigned as follows: Use (x = any single digit number) Ox Ix & 73 2x 3x 4x 5x 6x (except 65) 7x (except 73) 8x 9x 65 xx9 Factor Rate (x 1/2 if vacant) Exempt Single Family Residential & Condo Small Multiples (2 - 4 units) Commercial Industrial Rural Institutional Apartments Commercial Commercial Cemeteries Common Open Space o 1 3 5.5/ac. 5.5/ac. 0.5 5.5/ac. 6 5.5/ac. 5.5/ac. o o The assessment of each parcel shall be established by multiplying the factor rate for that parcel by the apportionment for a factor rate of 1. Page 7 . . CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 93-1 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 June I, 1993. 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. _-93 duly adopted by said Council on June 1, 1993. 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. _-93, duly adopted by said Council on , 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. a;(ad)193-1193-1engr Page 8 . . ALTERNATE "B" For 1993-94, City pays for street landscaping; assessments are for parks only, and assess- ments are to residential properties only, including Stagecoach and Villages Maintenance Assessment Districts CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 93-1 FISCAL YEAR 1993-94 PRELIMINARY ENGINEER'S REPORT CONTENTS 1. Assessment: Including Estimate of Costs, and Method of Apportioning (Assessment Roll Under Separate Cover) 2. Assessment Diagram . ." '";_"0 - -," ~. ~"',1 Z .. } ,'] ," ~~'~..: ~ .~~ ;~. j ~ c _.. _... ___,,_ .ENGINEERS Y<EPT: AL-T.13 . . ASSESSMENT WHEREAS, on May 10, 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 1993-1 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) As Filed (2) As Preliminarily Approved (3) As Finally Approved Cost of Maintenance Incidental Expenses $616,200 $ 8.199 $624,399 TOTAL COST: City of Dublin Contribution (498.699) NET TO BE ASSESSED FOR FISCAL YEAR 1993-94 $125,700 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 as of March 1, 1993, 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. 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 Page 2 . . 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: June 1, 1993 City Engineer Page 3 . . SCOPE OF WORK The scope of work for which this assessment district is formed shall include the maintenance of park landscaping, including utilities, turf maintenance, pruning, weeding, fertilizing, plant replacement and any other activities generally associated with the maintenance of landscaped park areas, all within the corporate limits of the City of Dublin. Page 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 (including utilities) Park Maintenance $ 616,200 Incidentals 1. 2. 3. Engineer's Report and proceedings: $ Cost of Collection (1.7 % ) (County of Alameda): Delinquencies (3 % ): 2,293 2,136 3.770 TOTAL: $ 8.199 $624.399 Page 5 . . ASSESSMENT ROLL The assessments shall be levied upon the properties as listed in the March 1, 1993, Alameda County Assessment Roll. The property owners' names are unknown to me. For Fiscal Year 1993-94, the assessment shall be $18.00 for a unit factor of" 1." For 1993-94, only residential (single-family, condominiums, and multiples) uses shall be assessed; all other non-residential uses shall have an assessment of zero. For 1993-94, the City of Dublin shall pay all the cost of park maintenance over and above the assessments collected. Page 6 . . METHOD OF APPORTIONMENT OF ASSESSMENT The assessments shall be spread using a method of "factor rates" assigned to different land uses. The establishment of the apportionment of a factor rate of U 1" will be calculated by dividing the total assessment of the year by the sum of factor rate numbers assigned wherein the factor rates are assigned as follows: Use (x = any single digit number) Factor Rate (x 1/2 if vacant) Ox Ix & 73 2x 3x 4x 5x 6x (except 65) 7x (except 73) 8x 9x 65 xx9 Exempt Single Family Residential & Condo Small Multiples (2 - 4 units) Commercial Industrial Rural Institutional Apartments Commercial Commercial Cemeteries Common Open Space o 1 3 o o o o 6 o o o o The assessment of each parcel shall be established by multiplying the factor rate for that parcel by the apportionment for a factor rate of 1. Page 7 . . CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 93-1 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 June 1, 1993. 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. _-93 duly adopted by said Council on June 1, 1993. 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. _-93, duly adopted by said Council on , 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. a:(ad)\93-J \93-Jengr Page 8 . . RESOLUTION NO. -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN INTENTION TO FORM CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 93-1 (Pursuant to the Landscaping and Lighting Act of 1972) WHEREAS, the City Council of the City of Dublin intends to order the formation of an assessment district and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, the improvements to be made in this assessment district are generally described as follows: Maintenance of street landscaping, street trees, and park landscaping, including utilities, tuifmaintenance, pruning, weeding, fenilizing, and any other activities generally associated with the maintenance of landscaped street, street tree, and park areas. WHEREAS, this assessment district shall be known as Assessment District No. 93-1, City of Dublin, County of Alameda, California, and shall include City-wide public landscaped streets and park areas; and WHEREAS, in accordance with City Council Resolution 49-93 initiating proceedings, the City Engineer has filed with the City Clerk the report required by the Landscaping and Lighting Act of 1972. All interested persons are hereby referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the assessment district. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the preliminary Engineer's Report, Alternate A. BE IT FURTHER RESOLVED that public hearings will be held for the purpose of taking testimony and hearing protests regarding the formation of this assessment district and the levy of proposed assessments at 7:30 p.m. on July 26 and August 9, 1993, in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California. BE IT FURTHER RESOLVED that the City Clerk is directed to give notice of the public hearings by the following means: (1) Publishing a notice once a week for two weeks in a local newspaper published and circulated in the City, conspicuously posting a notice at not less than three Page 1 ,." j ~. ~-ESoWTl~~ ~4- r'-'- . . public locations in accordance with Streets and Highways Code Sections 22552 through 22554, first notice to be given not less than 10 days prior to the first public hearing date; and (2) a postage-prepaid mailing via U.S. Mail to each property owner in accordance with Government Code Section 54954.6, said noticing to be completed at least forty-five (45) days before the last date herein set for hearing of protests. BE IT FURTHER RESOLVED that said notices shall contain the following information: the estimated assessment per parcel, the general description of the purpose or improvements the assessment will fund, the address to which a protest may be mailed, and the date, hour and place set for the abovedescribed public hearings. PASSED, APPROVED, AND ADOPTED this 1st day of June, 1993. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a:(ad) \93-1 Iresolntn Page 2 . . RESOLUTION NO. -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN INTENTION TO FORM CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 93-1 (Pursuant to the Landscaping and Lighting Act of 1972) WHEREAS, the City Council of the City of Dublin intends to order the formation of an assessment district and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, the improvements to be made in this assessment district are generally described as follows: Maintenance of park landscaping, including utilities, turf maintenance, pruning, weeding, fertilizing, and any other activities generally associated with the maintenance of landscaped park areas. WHEREAS, this assessment district shall be known as Assessment District No. 93-1, City of Dublin, County of Alameda, California, and shall include City-wide public landscaped park areas; and WHEREAS, in accordance with City Council Resolution 49-93 initiating proceedings, the City Engineer has filed with the City Clerk the report required by the Landscaping and Lighting Act of 1972. All interested persons are hereby referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the assessment district. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the preliminary Engineer's Report, Alternate B. BE IT FURTHER RESOLVED that public hearings will be held for the purpose of taking testimony and hearing protests regarding the formation of this assessment district and the levy of proposed assessments at 7:30 p.m. on July 26 and August 9, 1993, in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California. BE IT FURTHER RESOLVED that the City Clerk is directed to give notice of the public hearings by the following means: (1) Publishing a notice once a week for two weeks in a local newspaper published and circulated in the City, conspicuously posting a notice at not less than three L L. "!', ,.:. ';'.. '". ~"o~Mu-r;D ;4 j;':; .~.: - ~<-~ T."~tr"""" . . public locations in accordance with Streets and Highways Code Sections 22552 through 22554, first notice to be given not less than 10 days prior to the first public hearing date; and (2) a postage-prepaid mailing via U.S. Mail to each property owner in accordance with Government Code Section 54954.6, said noticing to be completed at least forty-five (45) days before the last date herein set for hearing of protests. BE IT FURTHER RESOLVED that said notices shall contain the following information: the estimated assessment per parcel, the general description of the purpose or improvements the assessment will fund, the address to which a protest may be mailed, and the date, hour and place set for the abovedescribed public hearings. PASSED, APPROVED, AND ADOPTED this 1st day of June, 1993. AYES: NOES: ABSENT: Mayor ATIEST: City Clerk 0:(OO)\93-1Iresointn -" NOTICE OF ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 93-1 The City Council has initiated proceedings for the purpose of forming a new assessment district which will help to offset the cost of street and park landscape maintenance. These activities include turf maintenance, irrigation maintenance, pruning, weeding, fertilizing, and related landscaping items, as well as the utility costs for irrigation. The City Council has specified that the assessment per single- family home or condominium is not to exceed $18. Multiple-residential units of 2 to 4 units shall be assessed at the rate of $54; those over 4 units shall be assessed at the rate of $108. Commercial, and non-residential lots will be assessed at the rate of $99 per acre (or a zero rate if Alternate "B" is chosen). 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 residential and commercial properties. PUBLIC HEARINGS Two public hearings will be held for the purpose of hearing protests regarding this assessments. 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 Report. 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 for your property is indicated 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 area of assessable lands, would cause the abandonment of the assessment. (Optional: The City Council has decided that if a 5 % protest is received, this district would go to an election, in which case no assessment would be levied for the 1993-94 tax year.) Please feel free to call the Public Works Department at (510) 833-6630 if you have any questions. PROTEST - Landscaping and Lighting Maintenance Assessment District 93-1 I/we, , protest the formation of Landscaping and Lighting Maintenance Assessment District #93-1 and the assessment 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: r.:":.... f ~; .... ~'"': __'l - (signature) (signature) :u. ':'~- 0~ :..~ -~.~ ..,j'....:J, H': ~'.J '"De.A FT ~OT\ c.G=- cs Jfyou 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 would be liable to pay the proposed assessment. "- '" )0 :icnw eEl ~..:(~ ~ :1:", ... ....::;:... 8 ~::iO~:Il z!::Slil: O~N>"" i=...J~a::~ ~)oolt'\:l u5z~~. Ul ::;: N ~~g~~ en.... ~o .. oz.Jc:r-qi ~!::lil~~li g;t~CD~~ en >-a:>t ~~~~~i "'3105"'''' tn~l.IJ~ .... 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