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HomeMy WebLinkAboutReso 136-06 Landscape & Light Ad 83-2 Engineers Report RESOLUTION NO. 136 - 06 A RESOLUTION OF lHE CITY COUNCIL OF lHE CITY OF DUBLIN .,. ill iI ill; ... *" '* APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83.Z (STAGECOACH ROAD) WHEREAS, by its Resolution No. 045.06, a ResolutIOn Directing Preparation of Annual Report for City of Dublin Landscaping and Llghtmg Mlllntenance Assessment Dlstnct No. 83.2 (the "Distnct"), thIs COlUlcil designated the City Engineer as Engmeer of Work and ordered said Engineer to make and file a report in writing in accordance Wlth 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 ill every particular, whereupon it was detennined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that July 18, 2006, at 7'00 p.m. in the Council Chambers, Dublin Civic Center, 100 CiVIc Plaza, Dublin, Califomla, was appointed as the tune 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 Secnon 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 pertlllmng to said levy were heard and conSIdered by this Council, and this Council thereby acquired jurisdiction to order saId levy and confirmation of diagrlllll 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 sllld hearing, filed written protests agamst the said proposed levy, or against the Engineer's Estimate of costs and expenses, or aglllllSt 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 necesslty 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 extenor 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 18th day of July, 2006, by the folloWlng vote: AYES, NOES, ABSENT' ABSTAIN: Councilmember Hildenbrand, Oravetz and Zika, and Mayor Lockhart None None None ATTEST 'l~~ ~ City Clerk , CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719) ~ Of Dl!IJLA 6 W 19 ,- -. ,8'2 ,~, 01IfO'R~~ FISCAL YEAR 2006-2007 ENGINEER'S REPORT TABLE OF CONTENTS 1 ENGINEER'S LETTER .............................. ............................. ............... ..... 3 2 ESTIMATE OF cosr8............."','1..."....",.,.....".................."'.."'......iO....iO............"'..."'...."'."'.. 5 3 METHOD OF APPORTIONMENT............................................................. 6 " PARCEL US,TING................................................................"'........"'...."'........"'......7 5 CERTIFICATIONS...."'................................."'...............11.....1111.....................11.11..8 1 ENGINEER'S LETTER WHEREAS, on April 18, 2006, the City Council of the City of Dublin, California., pursuant to the provisions of the Landscaping and Lighting Act of 1972. adopted its Resolution Directing Preparation of Annual Report for Maintenance Assessment District 1983.2 for the maintenance of improvements more particularly therein described; and WHEREAS, said Resolution directed the undersigned to prepare and file a report pUrllUant to Section 22565, et. seq., of said Act; NOW, mEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the Council of said City, hereby make the following assessment to cover the portion of the estimated cost of the maintenance of said improvements and the cost and expenses incidental thereto, to be paid by said District. SummarY of Assessment (I) (2) (3) As Filed As As Finally Preliminarily Approved Approved Cost of Maintenance $ 79,552 $ 79,552 $ 79,552 Incidental Expenses $ 35,974 $ 35,974 $ 35,974 TOTAL COSTS $115,526 $115,516 $115,526 Prior Year Collections & Penalties $ 420 $ 420 $ 420 Estimated 2006.07 Interest Income Applied to 2006.07 Operating Cost $ 1,403 $ 1,403 $ 1,403 Estimated Surplus from 2005.06 Fiscal Year $ 48,897 $ 48,897 $ 48,897 SU~TOTAL $ 50,710 $ 50,720 $ 50,720 AMOUNT TO BE ASSESSED FOR FISCAL YEAR 2006-2007 $ 64,806 $ 64,806 $ 64,806 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 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 within a public easement for those slope areas to the rear of Lots 80 through 86 and 37 through 48, all within Tract 4719. Each lot or parcel of land assessed is described in the assessment list by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the Fiscal Year 2006-2007 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: 1'~~~ / ~~-~~ M ISsa A. Morton, PE Public Works Director - 2 ESTIMATE OF COS The estimated cost for the maintenance of improvements described in this Report for Fiscal 2006.2007 is as follows: Maintenance Landscape Maintenance $ 69,092 Utilities $ 10.460 $ 79,552 Incidentals Engineer's Report and Proceedings $ 1,265 County of Alameda Collection Costs (I 7%) $ 1,102 ContingencieslReserve $ 33.607 $ 35,974 Tottd Estimated Costs $115.526 TS Year 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.flunily lots; thirty-eight and four tenths percent (38.4%) spread equally among the 553 apartment/condominium lots. Lots 152 and 153, being park and open space, shall have a zero assessment. Lots 154 and 155, being public agency owned, shall have a zero assessment. To maintain service levels over time the annual maintenance cost shall be increased annually beginning in fiscal year 2005-2006, by the percentage increase in the Bay Area Urban Wage Earner Consumer Price Index ("Index") (applies to all costs except utilities), plus any actual increase in the cost of utilities (power and water). Utility costs for this year are anticipated to increase the same amount as the rate increase will be based on the Bay Area Urban Wage Earner Consumer Price Index of 2.8% for April 2005 to April 2006. SAMPLE ASSESSMENT CALCULATION FOR RATE INCREASE Using an increase in the index of2.8"1o and a utility increase of2.8%: MAINTENANCE COST (INCLUDING INCIDENTALS) FROM 2005-06 $110,526 LESS UTILITY COST (SUBJECT TO RATE INCREASE ONI. Y) JJl!J..06/) $ 9O.46S ASSESSMENT SUBJECT TO INDEX INCREASE $ 90 465 INDEX INCREASE (2.8%) 90,465 x .028 = 92,998 S 2 533 $91.998 UTILITY COST $20061 2.8% urIT.ITY RATE INCREASE 20.06/ x .028 = 562 $562 5 10,613 NEW TOTAL MAINTENANCE COST. 5113.611 EFFECTIVE ASSESSMENT RATE INCREASE. ($113 562 +110 526) 1.8% 4 PARCEL LISTING Assessment Property Number Maximum Assessment 1006-1007 & Lot Owners of Un in Prior Year Assessment per Unit Total Number Assessment per Unit Assessment Lots 1 . 150, Individual 150 $258.90 $266.14 $39,921 Tract 4719 Owners Lot 152, Public. 0 $000 $000 $000 Tract 4719 Owned Lot 153, Public- O $000 $000 $000 Tract 4719 Owned Lot 154 Public. 0 $000 $000 $000 Owned Lot 155 Public. 0 $0.00 $000 $000 Owned Lots 1.553, Individual 553 $43 78 $45.00 $24,885 Tract 5180 Owners District 703 N/A N/A $64,806 Total:" The complete parce1listing 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 amounts set forth in Section 2, with the diagram thereto attached, was filed with me on June 20, 2006 AQH~~- 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 10S.06, duly adopted by said Council on June 20, 2006. ,A,\~~ 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. 136.06, duly adopted by said Council on July 18 2006. ~~'LJv ~ I, the City Clerk of the City of Dublin, California, hereby certify that a certified copy of the Assessment was filed in the office of the County Auditor of the County of Alameda, California, on August 10, 2006 Atl\n_~ .