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HomeMy WebLinkAbout4.11 LandscapMaint AD 97-1 CITY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: 'June 15, 2004 SUBJECT: Landscaping Maintenance Assessment District 9%1 (Santa Rita Area) - Pre 'ltminmy Engineer's Report Report Prepared by: Melissa A. Morton, Public Works Director ATTACHMENTS: 1) Resolution Approving Prelimin ~ayy Engineer's Report 2) Resolution Appoiming Time and Place of Hearing Protests of Proposed Assessments (July 20, 2004) 3) Pr~'luninary Engineer's Report (A_ssessmem Diagram to bc Displayed at City Council Meeting) RECOMMENDATION:/, Adopt resolutions approving preliminary engineer's report and setting hearing date and time (July 20, 2004, 7:00 p.m.) for the 2004-2005 assessment FINANCIAL STATEMENT: 2004-2005 Sources and Use of Landscape Mainteramc~ Distri~. Funds: Revenues: Total Amount Proposed to be Assessed: $231,971 Estimated Interest Revenue: 4, $ 75 F~imated Prior Year Collections and Penalties: 664 Less Estimated Collection and Delinquency Cost: (6.8231 Net Total Revenues: $230,187 Expench'tures: Cost of Maintenance and Utilities $238,800 Administration and Engineering: 1,250 Total Operating Eapenses: $240,050 Expenses are expected to exceed revenues as noted above. It is proposed to utilize approximately $9,863 from reserves to make up the balance. The recommended 2004-2005 assessment is $541.66 per acre, which is the same as the 2003-2004 assessment and still below the maximum assessment allowed under the terms of the Engineer's Report. Proposed single-family or multi-family lot assessments by subdivision are indicated below. COPIES TO: Alameda Co. Surplus Property Authority g:~assessdistX97-1~staff rpt intent DESCRIPTION: This assessment district, which was formed in the fall of 1996, funds street landscape maintenance and utility costs for the Santa Rita development area, also known as Emerald Park. This area is bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. The District was formed at the request of the property owner to assure that all landscaping in Emerald Park would be maintained at a consistently high level as the property owner did not believe that maintenance by homeowners' associations would achieve the same desirable end result. The scope of work includes maintenance of roadside landscaping for Dublin Boulevard, Hacienda Drive, Central Parkway, a portion of Arnold Road, Tassajara Road (westerly portion), and a portion of Gleason Drive, plus the maintenance of the trail and landscaping along the Tassajara Creek channel, as delineated on Page 2 of the Engineer's Report. The total maintenance and administration cost for this District for FiScal Year 2004-2005 is expected to be $240,050. It is proposed to use existing reserves to offset part of this cost; the proposed total assessment for Fiscal Year 2004-2005 is $231,971. The total developed acreage in this District is now 428.26 acres, which breaks down to a per-acre assessment of $541.66. As provided in the Engineer's Report, individual lots in residential subdivisions are assessed based on density: the number of acres in the subdivision is divided by the number of lots, and the resulting quotient is the assessment per lot. For Fiscal Year 2004- 2005, the following assessments resulted from this calculation: California Creekside single-family lots: $77.02 per lot California Brookside multi-family units: $33.90 per unit SummerGlen - Richmond American (north) lots: $63.84 per lot SummerGlen - Richmond American (south) lots: $74.26 per lot SummerGlen - Kaufman & Broad and Pulte lots: $115.60 per lot Dublin Greene Tract 7084 single-family lots: $81.62 per lot Dublin Greene Tract 7149 multi-family units $61.48 per unit Dublin Greene Tract 7149 condominium/apartment units $32.04 per unit Commercial (including retail, office, and industrial uses, as well as apartment properties) are assessed based on the per-acre figure multiplied by the number of acres per individual lot. Staff recommends that the City Council adopt the resolutions approving the preliminary Engineer's Report and setting a public hearing date of July 20, 2004, for the 2004-2005 assessment. Page 2 RESOLUTION NO. -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) WHEREAS, by its Resolution No. 039-04, a Resolution Initiating Proceedings for Landscaping Maintenance Assessment District No. 97-1 (Santa Rita Area) (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. 039-04 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 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 LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) WHEREAS, by its Resolution No. 039-04, a resolution directing preparation of annual report for City of Dublin LandScaping and Lighting Maintenance Assessment District (the "District") this Council designated the 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 thc City Clerk a preliminary report in writing as called for in said Resolution No. 039-04, 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 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 the Dublin Civic Center, 100 Civic Plaza, Dublin, California, at which the City Council will hear protests and will consider and finally act upon the Engineer's Report. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to give notice of said hearing by the following means: publishing a notice once a week for two weeks in a local newspaper published and circulated in the City and conspicuously posting a notice at not less than three public locations; said noticing to be completed at least ten (10) days before thc 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 aforementioned public hearing. PASSED, APPROVED, AND ADOPTED this 15th day of June, 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ~AOH ~{ ~ ~, ~,~.~.~g~~' CITY OF DUBLIN LANDSCAPE MAINTENANCE DISTRICT NO. 1997-1 SANTA RITA AREA FISCAL YEAR 2004-2005 ENGINEER'S REPORT TABLE OF CONTENTS 1 ENGINEER'S LETTER ............................................................................. 2 ESTIMATE OF COSTS .............................................................................. $ 3 METHOD OFAPPORTIONMENT ............................................. .............. 6 4 PARCEL LISTING ..................................................................................... 7 $ CER TIFICA TIONS .................................................................................... 9 Y:L4SSESSDIk97-1 Emerald Pk~97-1Ri~ 2004.doc June 7, 2004 1 ENGINEER '$ LETTER Wl~REAS, 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 1997-1 for the acquisition and maintenance of improvements more particularly therein described; and WItEREAS, 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 acquisition of and maimenance 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 Pre 'hminarily Approved Approved Cost of Maintenance $258,800 ~ Incidental Expenses $175, 532 TOTAL COSTS $414,332 Estimated 2004-05 Interest Income ($4,375) Applied to 2004-05 Operating Costs Prior Year Collections & Penalties ($664) Estimated Surplus from 2003-04 Fiscal ($177,322) Year sue. totAL ($1'82,361) xo Bw ASSWSS D FOR mSCAI S231,971 YEAR 2004-2005 Y:~x. SSESSDILO7.1 Emexald Pk97-1RI~ 2004.d~ J~ 7, 2004 As required by said Act, a diagram is hereto attached showing the exterior boundaries of said landscape maintenance assessment district and also the lines and dimensions of each lot or parc~ of land within said I_anclscaping maintenance assessmem district as the same existed at the time of th~ 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 landscape 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 acquisition and maimenance 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 landscape maimenance assessment district in proportion to the estimated benefits to be received by said lots or parcels respectively from the acquisition and mointenance of said improvemems. The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more partio_~l_ar description of said property. The total assessment District area shall be 440.08 acres as shown in Section 4 (the Assessment Diagram) of this report. The scope of work shall include the following the maintenance and repair of landscaped and open space areas, entry features, entry lightin~ masomy soundwalls, wrought iron fences, publicly-owned drainage ditches, irrigation systems, trees and plantings, furnishing of water and power for irrigation systems, togcther with all appurtenant and incidental expenses for the following areas: The northerly and southerly street frontages for Dublin Boulevard, from Arnold Road to Tassajara Road. The northerly and southerly street frontages for Central Parkway from Arnold Road to Tassajara Road, excluding the future school frontage landscaping. The southerly street frontage for Gleason Drive, from Arnold Road to Tassajara Road and the northerly street frontage for Gk~son Drive, from Tassajara Creek to Tassajara Road. · The easterly street frontage for Arnold Road, from Dublin Boulevard to Gleason Drive. · The easterly and westerly street frontages for Hacienda Drive, from tho I-5$0/Hacienda interchange to Gleason Drive. The westerly street frontage of Tassajara Road, 350 feet southerly of the Tassajara Road and Dublin Boulevard intersection,, to 450' northerly of the Gleason Drive and Tassajara Road intersection. · Tassajara Cr~k and trail, from I-$g0 to tho northerly property boundary of the Alameda County Surplus Property Authority property (APN 956-1-1-10). · Street median landscaping is not part of this District. 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 2004-2005 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 thc deeds and maps on file and of record in the office of the County Recorder of said d ' ' MeliS'sa A_ Morton, P.E. 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 fo~ows: ESTIMATE OF COSTS Maintenance Street Landscape Maintenance $170, 923 Street Tree Maintenance $21,387 Utilities: Electricity $795 Water $45,695 $238,800 Incidentals Engineer's Report and Proceedings $1,250 County of Alameda Collection Costs ~ 1.7% $3,135 Delinquencies ~ 2. 0% ~ $3,688 Contingencies/Reserve $167,459 $175,532 TOTAL: $414,332 y:hs, SSESSDILO7-1 Emerald Pk'OT-1Rpt 2004.doc June 7, 2004 3 METHOD OF APPORTIONMENT The maximmn developed acre assessment will be $710 per year, based on a total of 389,400 square feet of street improvements and a total of 957,000 square feet of creek improvements and 440.08 acres of developed property at build-out of all property within the District. The cost of the Improvements will be divided equally among the total number of developed properties within the boundaries of the District on a per acre basis. "Developed acres" shall include property having a recorded final map or parcel map as of July 1st of each year. Each year the City Council shall determine the assessment for that year based on the following: 1. Cost of maintenance of installed Improvements CM"). 2. Total amount of developed acres ("A"). 3. The annual assessment for the developed acres for that year CM") shall be spread on a per-acre basis ("M' + "A") based on the following: A_ Commercial developed area, per acre basis. B. Single-family residential area, per acre basis. C. Multi-family residential area, per acre basis. 4. The single-family and multi-family residential area per acre assessment will be further spread on a per lot basis based on the number of lots on the final map, parcel map, or condominium map for each particular development. 5. If the assessment in any year would exceed $710 per acre, the amount in excess of $710 shall be assessed to the remaining undeveloped acres on a per acre basis, subject to the maximum developed acre amount. 6. The maximum developed acre assessment of $710 per year will be increased annually by the percentage increase in the Bay Area Urban Wage Earner Price Index (applies to all costs except water and electricity), plus any actual increase in the cost for water and electricity. 7. If the square footage cost of the Improvements will be less than the amount set forth herein (after adjustment in accordance with Paragraph 6), the assessment shall be reduced proportionately to reflect the reduced cost of Improvements in that year. Y:kASSESSDIL97-1 Emerald PkLO7-1Rpt 2004.doc June 7, 2004 4 PARCEL LISTING The complete parcel list, showing APN, owner and assessment per parcel will be provided with the Final Engineer's Report. The following page shows the number of parcels assessed, the assessment mount per parcel, and the total assessment for the District. Y:~SESSDla97-1 Emerald PkLOT-IRpt 2004.doc June 7, 2004 (SANTA RITA AF~EA) ASSESSMENT AND APN PROPERTY OWNERS ACRES LOTS, Per Acre Per Lot Totai 1-1 PM 7355, Parcel 4 AC, SPA 22.07 1 1-2 PM 7355, Parcel 7 CITY OF .... DUBLIN (park) 26.11 1 (NIC) 2-1 thru 2-154 Book 986 Pages 6 & ? MULTIPLE, INDMDUAL OWNERS 21.9 154 541.66 77.02 11,861.08 3-155 thru 3-277 Book 986 Pages 6 & 7 MULTIPLE, INDIVIDUAL OWNERS 7.7: 123 541.66 33.90: 4,169.70 4-1 Deleted 4-2 966 '0008'013 EQUILON ENTERPRIsEs 1.23 1 541.66 666.24 4-3 9~6 -0(X)8'012 DUBLIN HWANG 2.12 I 541.66 I 148.3,2 4-4 986 -(X)08-011 ~ABY SUPERSTOR'E 3.38 I 541.66 1,830.82 4-5 986 -0008-010 RREEF AMERICA REIT 2.41 I 541.66 1,305.40 4-6 986 -000~-009 RREEF )~tERICA REIT 18.72 1 541.66 10,139.88 ' ' 4-7 986 -0008-004 FFCA ACQUitS 1.0~ I 541.66 585.00 4-8 986 -0008-005 BRINKER RESTAURANT 1.59 1 541.55 861.24 4-0 986 -00OS-OOS SCARBROU~H, W & P 1.0S I 541.55 555.OS 4-10 986 -0008008 DUBLIN TEPPANYAKI LLC . . 1.01 1 541.55 547.08 4-11 986 -CX)0~-007 RREEF AMERICA REIT 4.93 1 541.66 2,670.38 4-12 986 -0008-016 CNL APF PARTNERS 1.03 1 541.66 557.90 4-13 986 -0008-017 APPLE BAY EAST 1.31 I 541.55 70~.58 4-14 986 -0008-001 REGAL CINEMAS 13.47 1 541.66 7,296.16 4-15 }86 -0016006 FIRST SECURITY BANK' 4.83 I 541.66 .2,616.22 4-16 986-0016-007 EXTENDED STAY C~ . I 2.53 I 541.66 1,370.40 4-17 986 -0016-C)08 (Auto Nation) FIRST SECURITY BANK 19.17 1 541.66 10,383.62 5-1 986 -0014-001 US PROP. FUND OMBH & CO KG 13.15 1 541.66 7,122.82 5-2 986 -0014-002 CREEKSIDE NORTH TRUST 5.93 1 '. 541.66 3,212.04 5-3 986 -0014-003 CREEI~SIDE NORTH TRUST 5.66 1 541.66 3,011.62 6-I 986 '0014-004 HHH IN,E. STMENTS 11.47 1 541.66 6,212.54 6-2 986 -0014-007 C.S.T.R.S. 9.93 1 541.66 5,378.68 6-3 986 -0014-008 OPUS WEST 4.7 I 541.66 2 545.80 ~4 986 -0014-0OS OPUS WEST 5.05 1 541.55 2,7~S.38 7-1 986-(X)14-010 & 011 ~CSPA & WDS' DUBMN* 26.02 I '541.66 14 0~4.00 8-1 986 -(X)05-0~ ~.CSPA* 6~39 I 541.66 3,481.20 ,6-1 986 -0005.039 I~CSPA* 14~59 I 541.66 7,902.82 8-1 986 -{XX)5-0~ ~LCSPA* 27.54 I 541.66 14,917.32 9-1 thru 9-61 Book 986 Page 10 ~ULTILSLE, INDIVIDUAL OWNERS 7.1§ 61 541.66 63.84 3 894.24 10-1 thru 10-238 Book 986 Pa~qes 11 & 12 r~ULTIPLE, INDMDUAL OWNERS . 50.79 238 541.55 115.50 27,512.80 11-1 thru 11-48 Book 986 Pa~e 13 rvtULTIPLE, INDMDUAL OWNERS 6.58 48 541.55 74.26 3,564.48 12-1 986 -OSOS-001 (Jefferson Al)ts) BERE ISLAND PROPERTIES 15.08 1 541.55 8,168.24 191 986 -00OS-0i 5 (~=o,~ ~o~) SECURrn' c~=rrAL P^ .C,FIC TRS 12.4 11 541.55 6,7t6.55 1~2 986.00t6-010 ~,SPA* 1.51 1! 541.66 817.90 1,4-3 986 -001,6-011 ~.,SPA* 2.96 1! 541.66 1,603.32 14-4 986 -0016012 Koll Center 5.81 1; 541.66 3,1.47.04 14-5 986 -0016-013 Koll Center 7.04 1 541.66 3 813.28 14-6 986 -0016-014 Koll Center 6.48 I 541.66 3,509.96 14-7 ~6 -0016-015' ACSPA* 7.14 1 541'.66 3,867.4~ 14-8 986 -0016-016 Koll Center 1.71 I 541.66 926.24 15-1 ~56 -0016-002 ARGONAUT HOLDINGS 3.36 I 541.66 t,819.98 16-2 ~86 -0016-003 ~General Motors) ARGONAUT HOLDINGS 3.01 I 541.66 1,630.40 15-3 ~ -0016-004 ARGONAUT HOLDINGS 8.11 I 541.66 4,392.86 16-1 thru 16-100 986 -0020-003thru 102 MULTIPLE INDIVIDUAL OWNERS 15.07 100 541.66 81.62 8,162.00 17-1 thru 17-43 986 -0020-106 thru 148 MULTIPLE, INDIVIDUAL OWNERS 4.88 43 541~66 61.48 2,643.54 16-1 thru 16-24 Book 986' Pages'21 & 22 MULTIPLE, INDMDUAL OWNERS 8.99 152 541.66 32.04 4,870.08 19-1 thru 19-95 Tract 7022 11.0( (NIC) 20-I 986 -0017-012 Shes Homes Limited 7.47 I 541.66 4,046.20 20-1 986 -0017-013 Shes Homes Limited 8.28 1 541.66 4,484.94 New Annex. 986 -0017-010 Shes Homes Limited 0.97 1 541.66 62~5.42 New Annex. 986 -0017-011 Shes Homes Limited 1.98 I 541.55 1,072.48 TOTAL GRO~S ACRES 487.62 LESS PARK -26.11 LESS FUTURE PARK AREA -22.07 LESS TR. 7022 (Pages 18 & 19) -11.OS (DELETED FROM DISTRICT) TOTAL ASSESSABLE ACRES 428.26 Amount per acre/lot $ 541 *HANDSELLED PARCELS Page5 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 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 Assessment, 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. Y:~$,SSESSDI'OT-I Emerald Pk~97-1Rpt 2004,doc June 7, 2004