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HomeMy WebLinkAbout4.09 LandLightMaintAD 86-1 CITY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 15, 2004 SUBJECT: Landscaping and Lighting Maintenance Assessment District 86-1 (Dougherty Road): Preliminary Engineers Report Report Prepared by: Melissa ,4. Morton, Public Works Director ATTACHMENTS: 1) Resolution Approving Pre 'hminary Engineer's Report 2) Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (July 20, 2004) 3) Pre'hminary Engineer's Report (Assessment Diagram to be displayed at City Council Meeting) RECOMMENDATION:~, .,~ Adopt resolutions approving preliminary engineer's-report and setting t/Z/vT~ hearing date and time (July 20, 2004, 7:00 p.m.) for the 2004-2005 ~ assessment FINANCIAL STATEMENT: 2004-2005 Sources and Use of lzmdscape Maintenance District Funds, Revenues: Total Amount Proposed to be Assessed: $90,492 Estimated Interest Revenue: $1,436 Estimated Prior Year Collections and Penalties $ $37 Less Estimated Collection and Delinquency Cost: ($1~990), Net Total Revenues: $90,475 Expenditures: Contract Ixtrdscape Maintenance: $41,412 Utilities: $32,387 Administration and Engineering: $ 1,250 Total Operating Expenses: $ 75, 049 As shown above, $90,492 is proposed to be assessed to property owners for the 2004-2005 street landscaping maintenance costs. The individual assessments are calculated at $138.89 per single-family home and $69.45 per multi-family parcel. This is a 0.5% increase above the 2003-04 assessment, which is commensurate with the Consumer Price Index rate of increase (April 2004) and is allowed under the COPIES TO: ITEM NO. ~ terms of the Engineer's Report that was approved in 2001. The budgeted cost of maintenance is less than the proposed assessment and the projected income for the District; therefore, approximately $15,426 will be added to reserves bringing the estimated fund balance to $46,118 at the end of 2004-2005. I)ESCRIFrION: This maintenance assessment district was formed in 1986 as part of the review and approval of the V'fllages at W'fllow 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 homeowners' association or property owner 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 respons~ility of Alameda County Flood Control, Zone 7. In Fiscal Year 2001-02, the assessment in this District was increased by 54%, as the reserve funds had become depleted and could no longer be used to offset utility and maintenance cost increases. The rate increase was approved by property owners under the terms of Proposition 218. The property owners also approved an escalation clause for future years that allows the assessment to be increased to cover (1) actual increases in utility cost, and (2) inflationary increases in the cost of maintenance, as determined by the Consumer Price Index rate of increase. The latest Consumer Price Index information available prior to development of the budget (April 2004, Bay Area Urban Wage Earners) indicated that the rate of increase is 0.5%; therefore, the proposed assessment for 2004-2005 has been increased by approximately .5%, from $90,037 to $90,492. There are no changes in the District boundary or the method of calculating the spread of assessments. A total of $11,000 has been included in the maintenance budget for 2004-2005 for the purpose of landscaping improvements. Staff recommends that the City Council adopt the resolutions approving the pre 'luninary Engineer's Report and setting a public heating date of July 20, 2004, for the 2004-2005 assessment. RESOLUTION NO. -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPINGAND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (TRACT 5511) WHEREAS, by its Resolution No. 038-04, 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 Public Works Director 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 Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 038-04 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and finds that each and every part of said report is sufficient; and that said report neither requires nor should be modified in any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs and expenses of maintaining said improvements and of the incidental expenses in connection therewith, as contained in said report be, and each of them are hereby preliminarily approved and confirmed; b) That the diagram showing the assessment district, description of the improvements to be maintained, and the boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and it is hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expenses of the proposed maintenance of Said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. PASSED, APPROVED AND ADOPTED this 15th day of June, 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g~.~A(~.;!4 M E NT / RESOLUTION NO. -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 WHEREAS, by its Resolution No. 038-04, a resolution directing preparation of annual report for City of Dublin Landscaping and Lighting Maintenance Assessment District (the "District") this Council designated thc Public Works Director as Engineer of Work and ordered that 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 Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 038-04, and under and pursuant to said Act, which report has bccn presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient; NOW, THEREFORE, BE IT RESOLVED that a public hearing shall be held on July 20, 2004, at 7:00 p.m. at thc Dublin Civic Center, 100 Civic Plaza, Dublin, California, at which the City Council will hear protests and will consider and finally act upon thc Engineer's Report. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to give notice of said heating by the following means: publishing a notice once a week for two weeks in a local newspaper published and circulated in thc City and conspicuously posting a notice at not less than three public locations; said noticing to be completed at least ten (10) days before the date herein set for heating 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 thc assessment will fimd, the address to which a protest may be mailed, and the date, hour, and place set for thc aforementioned public heating. PASSED, APPROVED, AND ADOPTED this 15th day of June, 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ~] i~.~ N ~ E ~]~ CITY OF DUBLIN LANDSCAPING ~D LIGHTING DISTR~CT NO. ~r~,C~ FISCAL YEAR 2004-2005 ENGINEER'S REPORT TABLE OF CONTENTS I ENGINEER'S LETTER ............................................................................... $ ESTIMATE OF COSTS ................................................................................ METHOD OF APPORTIONMENT ............................................................. 4 PARCEL LISTING ................................................................ . ...................... 7 $ CERTIFICATIONS ...................................................................................... 8 1 ENGINEER '$ LETTER WitEREAS, on March 16, 2004, 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 WIIE~AS, said Resolution directed the undersigned to prepare and file a report pursuant to Section 22565, et. seq., of said Act; NOW, TltEREFORE, 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 (1) (2) (3) As Filed As As Finally PreliminarilyApproved Approved Cost of Maintenance $73,799 Incidental Expenses $49,356 TOTAL COSTs $123,155 Estimated 2004-05 Interest Income ($1, 436) Applied to 2004-05 Operating Costs Prior Year Collections & Penalties ($537) Estimated Surplus from 2003-04 Fiscal ($30, 690) Year SUB- TOTAL ($32, 663) NET TO BE ASSESSED FOR FISCAL $90,492 YEAR 2004-2005 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 include the following: · The median and roadside landscaping along the north side of~Ftllow Creek Drive. · 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. · 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. · Roadside landscaping, fence, and pathway improvements on the west side of Wildwood Road. Roadside landscaping, fence, wall, and pathway improvements on the west side of Dougherty Road and the south side of Amador Valley Boulevard, adjacent to Lot 150. · Roadside landscaping, fence, and pathway improvements on the west and north sides of Fall Creek Road. · Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-way. 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 2004/05 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. Mefis-sa ~ Morton Public Works Director 2 ESTIMATE OF COSTS The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2004-05 is as follows: ESTIMATE OF COSTS Maintenance weeding, fertilizing, pruning, plant replacement, irrigation $30,412 system: ImprovementS/Plant replacement .... $11,000 Utilities: $32,387 $ 73, 799 Incidentals Engineer's Report and Proceedings $1,250 County of Alameda Collection Costs ~ 1. 7% $1,538 Delinquencies ~ 0.5% $452 ContingenciesfReserve $46,116 $49,$$6 TOTAL: $123,155 3 METHOD OFAPPORTIONMENT 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 Living Units Benefit % of Total Assessment Units Lot 150 Village I "56 28 4.3 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 V'fllage V 204 102 15.66 Lot 1-i45 Village VI 14'5 145 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 Total: 1150 651.5 100 The annual maintenance cost shall b~ inereased annually beginning July 1, 2002, by the pcreemage 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). If the Bay Area Urban Wage Earner Consumer Price Index is unavailable or deemed by the City Council to be inappropriate, a comparable consumer price index, as approved by thc City Council, shall be used to replace the Bay Area Urban Wage Earner Price Index. SAMPLE CALCULATION: Assuming an increase in the index of 1% and a utility increase of 5%: MAINTENANCE COST . $85,320 LESS UTILITY COST (SUBJECT TO RATE INCREASE ONLY) $(29,9!0) $55,4!0 ASSESSMENT SUBJECT TO INDEX INCREASE $55,410 INDEX INCREASE (ASSUMED 1%) 55,41o x.01 = 554 $554 $55,964 ENERGY COST $29,910 5% uTILITY RATE INCREASE 29,9i0.x.05 = 1,4'9'.5 $1,495 $31,405 NEW TOTAL MAINTENANCE COST $87,369 4 PARCEL LISTING Assessment & Lot Property Number Assessment 2004/05 Number Owners of Units per Unit Total Assessment Lot 150 (Village I) Individual 56 $69.45 $3,889.20 Owners Lot 1'49 (Village II) Individual 248 $69.45 $17,223.60 Owners Lot 148 (Village III) Individual 224 $69.45 $15,556.80 Owners Lot i46A (Village IV) "Individual. 135 $69.45 $9,375.75 Owners Lot 146B (Village V) Individual 204 $69.45 $14,167.80 Owners Lots 1 - 145 (Village Individual 145 $138.89 $20, i39.05 VI) Owners ~ Lots 152-177 (Village Individual 138 $69.45 $9,584.10 VII) Owners Lot 151 (Commercial) Unknown 4 $138.89 $555.56 Lots A - D Open Space Unknown 0 $0.00 $0.00 District Total: 1,154 N/A $90,491.86 $ 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 Colmnn (1), with the diagram thereto attached, was filed with me on June 15, 2004. 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. -04, duly adopted by said Council on June 15, 2004. I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Assessmem, with the diagram thereto attached, was finally approved and confirmed by the City Council of said City by its Resolution No. __-04, duly adopted by said Council on June 15, 2004. 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 ., 2004.