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HomeMy WebLinkAbout6.5 Lands&LiteDist83-2Stag CITY CLERK File # D~~[(j-[gJ~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 2004 SUBJECT: EXHIBITS ATTACHED: RECOMMENDATION: ~l) 2) ~ 3) 4) 5) FINANCIAL STATEMENT: Public Hearing: Landscaping and Lighting District No. 83-2 (Tract 4719 - Stagecoach Road) Report Prepared by: Melissa Morton, Public Works Director 1) Resolution approving Engineer's Report, confirming diagram and assessment, and ordering levy of assessment Engineer's Report and Assessment Diagram Informational Newsletter 2) 3) Open public hearing Receive Staff Report Receive public comment Close public hearing and deliberate Adopt resolution approving Engineer's Report, confirming diagram and assessment, and ordering levy of assessment 2004-2005 Sources and Use of Maintenance Assessment District Funds Revenues: Total Amount Proposed to Be Assessed: Estimated Interest Revenue: Estimated Prior Year Collections and Penalties Less Estimated Collection and Delinquency Cost: Net Total Revenues $61,568 1,172 148 0.047) $61,841 Expenditures .- Contract Maintenance and Utilities: Administration and Engineering: Total Operating Expenses: $58,974 1.250 $60,224 The above calculations include a proposed consumer price index increase of approximately 0.5% over the 2003-2004 assessment. Please see Description below regarding the source and reasons for the requested increase. Based on the above, revenues exceed expenditures and a minor amount of reserve funds will be added. --------------------------------------------------------------- g: \assessdi st\83 -2\83 - 2staffrepthrg2003 COPIES TO: \6QL- ITEM No.M \J DESCRIPTION: In 1983, the City of Dublin fonned Landscaping and Lighting Assessment District No. 83~2 for the purpose of maintaining landscaping within Tract 4719. The District originally included Stagecoach Park and Stagecoach Road north of the City Limit, but now includes only roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The maintenance cost for Stagecoach Park, as well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District. The estimated June 30, 2003, reserve for this District is projected to be $34,449. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. The spread of assessments assigns 61.6% of the total assessment to the singl~family homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. In 2003~2004, Staff conducted a mailed ballot to all of the property owners in this District proposing an increased assessment in order to maintain and replace certain landscaping improvements. In addition to the lOOAt increase in assessment rates the proposed Engineer's Report also included an escalation clause for succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. The assessment in the District had not been increased for ten years prior to 2oo3~2004. The results of the election were in favor of the increase, and the current proposed engineer's report includes the approved assessment rates and a cost of living increase of 0.5%, conforming with the April 2004 Consumer Price Index. The assessment to singl~family property owners in the Dublin Hills Estates development is proposed to be $252.84 per singl~family home, an increase of $1.26 over the 2003~2004 assessment. The Amador Lakes Apartments property is proposed to be assessed at a rate of $42.75 per dwelling unit, an increase of$0.21 over the 2003~2004 assessment. Staff mailed a newsletter to property owners (Attachment 3) along with a copy of the public hearing notice and scheduled an informational meeting for the evening of July 15th to answer questions and discuss any issues related to maintenance activities or the proposed assessment. Staff recommends that the City Council conduct a public hearing, deliberate~ and adopt the Resolution approving Engineefs Report, confinning diagram and assessment, and ordering levy of assessment ;)6bd- RESOLUTION NO. -04 A RESOLUTION OF THE CITY COUNcn. OF THE CITY OF DUBLIN lób)L ******* APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD) WHEREAS, by its Resolution No. 037..04, a Resolution Din:cting Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 83~2 (the "District"), this Council desig'J:~ted 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 Ligbting 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 ProœeðiT under and pursuant to the aforesaid Resolution and that July 20, 2004, 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 Govermnent 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 oonfirmation 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 Disttict 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 Disttict 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 oftbe City Clerk, which map is made a part hereof by reference thereto. PASSED, APPROVED AND ADOPTED this 20th day of July, 2004. AYES: NOES: ABSENT: ABSTAINING: Mayor ATI'EST: fJ,.5 ,IJ2D'O~L 1U?~ City Clerk ,--.-.--.--. . .....---.-".-..- ....-.---.-- - .-- · · · · a: · ><c<c · · Z~wZ · · I'-. ::::¡z>a: · m:J..JO · UJ · <: ~o<c!:!: · ;1; ~ · Coo..J · ~ cn<c · u..<t¡:¡:o · · <>ð OCLnLL. · fi ¡ · >WoO · ü · <:( l1! "' ~:æ:~w · 0 -«-~ · ~ '" O..J'w::t<c ¡;¡ ¡;¡ ¡; <tgt- Ncn ~ ~o . ZOO(/) W""':: ::10::) (/)~Z æü~ (/)«0 (/)a:O «~Z u.0 ðO~ -(')~ (/),Z >.....- W 0 a:(J)W ~º 0> CJ)...J- 00 0 CJ) CD .....~::) ü(J) wã:w z~a: ::)~w """')o~ () <) +..iJ Œ · · · en ,.. r-.. "=t I- o <C a: I- .. ~ It1 "U c::: ::J o ..c t5 ï:: (¡) is .--- · . · . · . · . · . ..... ,.. ,.. ~ w ::E: LL UJ 0 " Z ¡:::N ::I: , ,,~ -0') ..J,... C· zO <tZ W~ Q,.U «- Ua: C/)~ C~ zC <t ..J (f) Z o (f) > w a: W I- <C o ..J o co :2 >- (f) o ~ o 0 >-~>-~ COüCOü Z .. ø Z (f) 3: w <C o fS v Qcrj 8'-: (ðZ o oww ZI-....J co<c<C ooü ...., (f) -:2, CJì. J d- -' b CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719) FISCAL YEAR 2004-2005 ENGINEER'S REPORT . .1., ~ /lpvf- L-) 00 \'2- TABLE OF CONTENTS 1 ENGINEER'S LEITER ....................................................................................3 2 ESTIMA.. TE OF COSTS..................... ....... ............~. ..._ .................................. 5 ¿r ~E~Oj[) OF ~jfÞjfÞOR~JrOl\r~El\r~.............................................................. ti 4 jfÞ ARCEL. LISTING ................................................................................................. 7 5 CER TI FI CA ~l 0 l\rS.. ............... ..................11. ............. ..... .... ..... .......... ...... .............. 8 507t/ d- 1 ENGINEER'S LEITER WHEREAS, 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 1983~2 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. Summary of Assessment (1) (2) (3) As Filed As As Finally Preliminarily Approved Approved Cost of Maintenance $58,974 $58,974 Incidental Expenses $38,363 $38,363 TOTAL COSTS $97,337 $97,337 Prior Year Collections & Penalties ($148) ($148) Estimated 2004-05 Interest Income ($1,172) ($1,172) Applied to 2004-05 Operating Cost Estimated Surplus ITom 2003~04 Fiscal ($34,449) ($34.449) Year SUB-TOTAL ($35,769) ($35,769) AMOUNT TO BE ASSESSED FOR $61,568 $61,568 FISCAL YEAR 2004-2005 1.2 LfìO! d- 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 ftom 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 ftom 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 y ear 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 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~ i'; ~f ~~J2~ Meli A. Morton, P.E. Public Works Director ~ ~ð¿7¿/ EkR rr;1¿;/.u;o~ 1ôQJd-. 2 ESTIMATE OF COSTS The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2004~2005 is as follows: Maintenance Landscape Maintenance Utilities $37,068 $21.906 $58,974 Incidentals Engineer's Report and Proceedings County of Alameda Collection Costs (1.7%) $1,250 $1,047 ContingenciesIReserve $36.066 $38,363 Total EstillUlletl Costs $97,337 8 DòJ d 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 singl~family lots; thirty~ght 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 2004~2005, 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). SAMPLE CALCULATION: Assuming an increase in the index of 1 % and a utility increase of 5%: MAINTENANCE COST LESS UTILITY COST SUBJECT TO RATE INCREASE ONL ASSESSMENT SUBJECT TO INDEX INCREASE INDEX INCREASE ASSUMED 1% 44,421 x.Ol =444 $44 421 444 S44 865 ENERGY COST 5% UTILITY RATE INCREASE 16.490X.05 = 824.50 NEW TOTAL MAINTENANCE COST $62179.50 q {;2J! :J.-- 4 PARCEL LISTING Assessment & Property Number of Assessment 2004-2005 Lot Number Owners Units per Unit Total Assessment Lots 1 - 150, Individual 150 $252.84 $37,926 Tract 4719 Owners Lot 152, Tract Public-Owned 0 $0.00 $0.00 4719 Lot 153, Tract Public-Owned 0 $0.00 $0.00 4719 Lot 154 Public~Owned 0 $0.00 $0.00 Lot 155 Public-Owned 0 $0.00 $0.00 Lots 1~553, Tract Individual 553 $42.75 $23,641 5180 Owners District Total: 703 N/A $61,567 The complete parcel listing 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. ¡() 66 / :J, 5 CERTIFICATIONS I, the City Clerk of the City of Dublin, California, hereby certifÿ 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 15,2004. I, the City Clerk of the City of Dublin, California, hereby with the diagram thereto attached, was preliminarily approv of said City by its Resolution No. 103~, duly adopted by sai I, the City Clerk of the City of Dublin, California, hereby ce' t 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 July 20, 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. J/6ð/d- STAGECOACH ROAD (TRACT 4719) LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NEWSLETTER July 2004 FACTS ABOUT THE ASSESSMENT DISTRICT While the City pays the cost of maintaining the median landscaping through its General Fund for aU of the major arterial streets, street-side landscaping that is installed in conjunction with resk:tential or commercial development Is maintained either privately by a property owners' association, or by the City and funded through an assessment district. This Assessment District was formed In 1983 to maintain certain landscaping Improvements along Stagecoach Road and on the "interior slopes" of the Dublin Hills Estates development (COral Way and Agate Way). The following areas are maintained by the City as part of this District: . Landscaping and irrigation within the road right~Of~W8Y and within a public easement along Stagecoach Road between Amador Valley Boulevard and the norther1y City Umit. . Landscaping and irrigation of the slopes within a public easement for those slope ateas to the rear of Lots 80 through 86 and 37 through 48 of Tract 4719. These are the "Interior slopes" which face houses on Agate Way and COral Way. The annual landscape maintenance assessment is calculated by dividing estimated maintenance costs for the coming year among tesidents of the singl.family homes of Dublin Hills Estates and the owners of the Amador Lakes Apartments. The single-family homes are assigned 61.6% of the total assessment, divided evenly among the 150 parcels. The Amador Lakes Apartments are assigned 38.4% of the total assessment. The funds collected through assessments are accounted for separately from other City fundS. These fundS can only be used for specified expenses within the boundaries of the Assessment District. The City is required to notify property owners each year regarding a required public hearing for the Assessment District. State Law requires that this notice be given by means of a notice printed in a local newspaper and posted In official City posting locations. A copy of the public hearing notice is included with this newsletter as a courtesy. The public hearing regarding the 2004-2005 assessment will be held at the regular City Council meeting of July 20, 2004. The meeting begins at 7:00 p.m. in the Council Chambers of the Dublin Civic center. REÇOMMENDEDASSESSMENT Prior to 2003, the assessment in this District had not been increased for 10 years. last year, the City proposed to increase the assessment in this District by 10% in order to fund the cost of additional fertilization and plant material. As required by law, a vote of the property owners was conducted. and the 10% Increase was approved. The approval also Included an escalation clause that would allow the maintenance cost to be increased each year based on the Consumer Price Index (Urban Wage Earners). The cost of utilities may Increase based on the actual cost of the utilities. The Consumer Price Index (CPI) rate of Increase as of April 2004 was 0.5%. Therefore, the assessment for 2004-05 is proposed to increase by 0.5%, resulting in the following proposed assessment: $252.84 per single family lot (an Increase of $1.26) $42.75 per apartment dwelling unit (an increase of $0.21) MAINTENANCE ACTIVITIES The City will continue to utilize TruGreen LandCare as its primary maintenance contractor in this District. MCE Corporation will provide some supervision and irrigation repair services as needed to supplant TruGreen's work. The District budget for 2004-05 is proposed to be as follows: n3 ¡Jfu) S ú.:tJ-er --_..,._,_.~'----- , . J;). Ó?J I ~ Revenues: Total Amount Proposed to Be Assessed: Estimated Interest Revenue: Estimated Prior Year Collections and Penalties Less Estimated CoII8ction and Delinquency COst: Net Total Revenues $61,_ 1,172 1. (1.om $81,841 Expenditures: COntract Maintenance and utilities: Administration and Engineering: Total Operating Expenses: $.,974 1.260 $80,224 Since projected revenues exceed expenditures, a small amount would be added to the reserve in the District. It is important to maintain a reserve balance for the following reasons: (1) The City does not receive income from an assessment until midway through a fiscal year. The reserve therefore provides operating capital for the District until the funds are received from the assessor's office. (2) In the event of an unforeseen emergency, such as a major inigation break or a catastrophic freeze, the reserve provides funds for repairs or plant replacements. During Fiscal Year 2003-04, the City conducted a street tree evaluation for the purpose of setting up a tree maintenance program. The maintenance program will result in healthier trees and ultimately, less maintenance cost. A number of missing trees and shrubs are now being replanted, and bedding areas are being filled in. REPORTING VANDALISM AND MAINTENANCE PROBLEMS The City's policy is to repair vandalism damage and eradicate graffiti as soon as we become aware of it. If you notice vandalism occurring or are able to provide a description of vandals, please contact Dublin Police Services at 462·1212. If you notice damage or graffiti that has already occurred, or if you notice broken sprinklers or other types of maintenance problems, please call the Public Works Department at 833--6630. We appreciate your helpl If you have any questions about the proposed assessment or maintenance activities in this assessment district, please call the City's Public Works Department at 833-6630.