HomeMy WebLinkAbout6.6 Landsp&LiteDist86-1Vil
CITY CLERK
File # D~~[Q]-[gJ[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 20, 2004
Public Hearing: Landscaping and Lighting District No. 86-1
(Villages at Willow Creek)
Report Prepared by: Melissa Morton, Public Works Director
SUBJECT:
ATTACHMENTS:
1)
2)
3)
~ 1)
2)
3)
4)
5)
RECOMMENDATION:
~
FINANCIAL STATEMENT:
Resolution approving engineer's report, continuing diagram
and assessment, and ordering levy of assessment
Engineer's Report and Assessment Diagram
Newsletter
Open public hearing
Receive Staff report
Receive public comment
Close public hearing and deliberate
Adopt resolution approving engineer's report, continuing
diagram and assessment, and ordering levy of assessment
2004-2005 Sources and Use of Landscape Maintenance 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:
$90,492
$ 1,436
$ 537
($1.990)
$90,475
Expenditures:
Contract Landscape Maintenance:
Utilities:
Administration and Engineering:
Total Operating Expenses:
$41,412
$32,387
$ 1,250
$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 tenus 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 of2004-2005.
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g: \assessdist\86-1 \86-1 staffrepthrg2002
COPIES TO:
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DESCRIPTION: This maintenance assessment district was fonned in 1986 as part of the
review and approval of the Villages at Willow Creek development. This assessment district funds the
maintenance of landscaping, including fencing and soundwalls, along the west side of Dougherty Road ftom
Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road
to Wtldwood 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 property owner or homeowners' association 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 responsibility of Alameda County Flood Control, Zone 7.
In 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.
Staffmailed a newsletter to property owners (Attachment 3) along with a copy of the public hearing notice
and scheduled an infonnational 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
engineer's report. confirming diagram and assessment, and ordering levy of assessment.
Page2 vaL
16ÒI'd--
RESOLUTION NO. -04
A RESOLUTION OF THE aTY COUNaL
OF THE aTY OF DUBLIN
*******
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT
CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 86--1 (VILLAGES AT WILLOW CREEK)
WHEREAS, by its Resolution No. 038..()4, 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 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 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 in every particular, whereupon it was determined that said report should stand as Engineer's
Report for all subsequent PJ'()l'.f'1'1fiT 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 bearing 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 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 confirmation of diagram and
assessment prepared by and made a part of the report of said engineer to pay the cost and expenses thereof;
NOW, TIIEREFORE, 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 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 District benefited by said improvements and to be assessed to pay the costs. and expenses
thereo~ and the exterior boundaries thereof: are as shown by a map thereof:filed in the office of the City Clerk, which
map is made a part hereofby reference thereto.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2004.
AYES:
NOES:
ABSENT:
ArrEST:
Mayor
City Clerk
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3Öb1'd-
CITY OF DUBLIN
LANDSCAPING AND LIGHTING DISTRICT NO. 1986--1
(TRACT 5511)
FISCAL YEAR 2ß04..2005
ENGINEER'S REPORT
,2,
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066/éf
TABLE OF CONTENTS
1 ENGINEER '8 LETTER ....................................................................................... J
2 ESTIMATE OF COSTS......................................................................................5
¿J 1I1rE~O~ OF ~jfÞOR~JrON1I1rE~................................................................ ti
4 jfÞ ARCEL LISTING.... ........ ...... ..... ...... ....... ........ III". .............................................. 7
5 CER ~IFlCA. TJ 0 NS ......... .... ......... .... ................................................. ... ....... ....... 8
5" ð6 ) 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 1986-1
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.
ummary 0 ssessmen
(1) (2) (3)
As Filed As As Finally
Preliminarily Approved
Approved
Cost of Maintenance $73,799 $73,799
Incidental Expenses $49,356 $49,356
TOTAL COSTS $123,155 $123,155
Estimated 2004-05 Interest Income ($1,436) ($1,436)
Applied to 2004-05 Operating Costs
Prior Year Collections & Penalties ($537) ($537)
Estimated Surplus from 2003-04 Fiscal ($30,690) ($30,690)
Year
SUB-TOTAL ($32,663) ($32,663)
NET TO BE ASSESSED FOR FISCAL $90,492 $90,492
YEAR 2004-2005
S
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t
ÚJ66J'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 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 ofWtllow 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
Wtldwood Road.
· Roadside landscaping, fence, and pathway improvements on the west side of Wtldwood
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.
DatOOh f; ~:/ YŒ1i£~
Public Works Director
~.. M'27>/
Ex? ;V~/~
166/d-
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:
ImprovementsIPlant 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
ContingenciesIReserve $46.116
U9,356
TOTAL: $123,155
23 0:6 I'd-
3
METHOD OF APPORTIONMENT
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 Village V 204 102 15.66
Lot 1-145 Village VI 145 145 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 be increased annually beginning July 1,2002. 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). 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 the City Council, shall be used to replace the Bay Area Urban Wage
Earner Price Index. SAMPLE CALCULATION:
Assuming an increase in the index of I % and a utility increase of 5%:
MAINTENANCE COST $85.320
LESS UTILITY COST (sUBJECT TO RATE INCREASE ONLY) $(29 910)
555,410
ASSESSMENT SUBJECT TO INDEX INCREASE $55,410
INDEX INCREASE (ASSUMED 1%) 55,410 x .01 = 554 £554
$55,964
ENERGY COST $29.910
5% UTILITY RATE INCREASE 29,910 X .05 = 1,495 $1 495
531.405
NEW TOTAL MAINTENANCE COST $87,369
q ôQ J'ð
4
PARCEL USTING
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 149 (Village II) Individual 248 $69.45 $17,223.60
Owners
Lot 148 (Village ill) Individual 224 $69.45 $15,556.80
Owners
Lot 146A (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 $20,139.05
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 590,491.86
I D 66 ! 'd-
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 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 cert' t the foregoing Assessment,
with the diagram thereto attached, was preliminarily approved an confirmed by the City Council
of said City by its Resolution No. 105w04, duly adopted by said ouncil 0 June 15,2004.
I, the City Clerk of the City of Dublin, California, hereby 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/ r56/~
VILLAGES AT WILLOW CREEK
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
NEWSLETTER
July 2004
FACT~ ABOUT THE ASSESSP,1ENT DISTRICT
While the City pays the cost of maintaining the median landscaping through its General Fund for all of the major
arterial streets, street-side landscaping that is Installed in conjunction with residential 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 fonned in 1986 to maintain certain landscaping improvements within the Villages
at Willow Creek development. The following areas are being maintained by the City:
· The median and roadside landscaping along the north side of the street for the entire length of Willow
Creek Drive.
· Roadside landscaping along Shady Creek Drive within Lots 1, 2, 3, 4, 5,6, is, 16, 37, 38, south of Lot
145, and at the northerly end of Crossridge Road, all within Trad5511.
· 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 along the west side of Wildwood Road.
· Roadside landscaping, fence, wall, and pathway Improvements along the west side of Dougherty Road
and the south side of Amador Valley Boulevard adjacent to Lot 150.
· Roadside landscaping, fence, and pathway Improvements along the west and north sides of Fall Creek
Road.
Other common landscaping improvements not included in the assessment district's scope of wort are
maintained by the homeowners' associations of individual Villages. landscaping within the Alamo Creek area is
maintained by the Alameda County Flood COntrol District, Zone 7. The cost of part improvements and part
maintenance, including the Alamo Creek Trail, Is paid by the City and not charged to the assessment district.
PROPOSED ASSESSMENT
The Engineer's Report which was approved by vote of property owners in 2001 allowed for an increase in the
annual assessment in order to continue maintenance of the District landscaping at the current level. The
approval also included an escalation clause that allows an annual Increase in maintenance cost based on the
Consumer Price Index (Bay Area Urban Wage Earners) rate of inflation, as well as any actual Increases in the
cost of utilities.
The Consumer Price Index rate of increase as of April 2004 was at 0.5%. Therefore, a 0.5% increase has been
applied, and the proposed assessment for the 2004--2005 Fiscal year is as follows:
Per single family lot:
Per multt..family unit or townhouse
$138.89
$69.45
($0.69 Increase)
($0.38 increase)
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.
PUBUC HEARING
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 8S a
.3
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courtesy. The public hearing regarding the 2Q04..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.
DISTRICT ACTIVITIES
The City will continue to utilize TruGreen LandCare as its primary maintenance contractor In this District. MCE
Corporation will provide some supervision and inigatlon repair services as needed to supplant TruGreen's work.
The District budget for 2004-05 Is proposed to be as follows:
Revenues:
Total Amount Proposed to be Assessed:
Estimated Interest Revenue:
Estimated Prior Year CollectIons snd Penalties
Less Estimated COllection and Delinquency Cost:
Net Total Revenues:
$90,492
$ 1,436
$ 631
('1.990J
$90,475
Expenditures:
contract Landscape Maintenance:
Utilities:
Administration and ErØneering:
Total Operating Expenses:
U1,412
$32,3'1
, 1.260
$15,049
Since projected revenues exceed expenditures, approximately $15,426 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 irrigation 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. In addition. deteriorated sections of the wrought iron fence were replaced along Wildwood and Fall Creek
Roads, and planting Improvements were Installed in several locations.
For Fiscal Year 2004-05, $11,000 has been budgeted for additional planting improvements. as well as
replacement of the annual flowers at Willow Creek and Dougherty Road.
REPORTING VANDAUSM 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 occulTed. 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 can the City's Public Works Department at 833-6630.