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Home My WebLink About4.07 Landscape & Light Maint AD 83-2 CITY CLERK File # D~~~-l2J[fJ] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 20, 2006 SUBJECT: Landscaping and Lighting Maintenancc Asscssment District 83-2 (Stagecoach Road): Preliminary Engineer's Report Report Prepared by Melissa Morton, PuNic Works Director 3) Rcsolution Approving Preliminary Engineer's Report Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (July 18, 2006) Preliminary Engineer's Report (Assessment Diagram to be Displayed at City Council Meeting) ATTACHMENTS: I) 2) RECOMMENDATION: ~ Z Adopt resolutions approving preliminary Engineer's Report and setting a public hearing date aud time (July 18,2006,7'00 p.m.) for the purpose of hearing protests to the proposed 2006-2007 assessment. FINANCIAL STATEMENT: 2006~2007 Sources and Use of Maintenance Assessment District Fundv Revenues Total Amount Proposed to Be Assessed: Estimated Tn/erest Revenue Estimated Prior Year Collections and Penalties Less Estimated Collection and Delinquency Cost. Net Total Revenues $64,806 1,4t13 420 a,lOll $65,527 Expenditures. Contract Maintenance and Utilities. Administration and En;:ineerin;:' Total Gpemtin;: Expenses. $79,552 1,265 $80,817 _______________________________________________________________________________M________~____________________ COpy TO: Page I of3 ITEM NO. 't. 7 U;\AsseSSMENT DISTRICTS\83-2 S"'~ecuach\g3.2StallRptlJlteJlt 2006.doc The above calculations include a proposed consumer price index increase of approximatezv 2.8~'o over the 2005-2006 assessment. Please see Description below regarding the source and reasons for the requested increase. Based on the above, $15,290 of the reserve will he used to ojj,etthe difference between expenses and revenues. DESCRIPTION: In 1983, the City of Dubhn fonned Landscaping and Lighting Assessment District No. 83-2 for the purpose ofmamtaming landscaping within Tract 4719 The District ongmally included Stagecoach Park and Stagecoach Road north ofthc City Limit, but now includes only roadway laudscaping along Stagecoach Road aud on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The mamtenance cost for Stagecoach Park, as well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintcnaucc Operating Budget aud is not a part of this Assessment District. The estimated June 30, 2006, rcscrvc for this District is projected to be $48,897 The actual reserve will not be known until thc City closes its books aud accrucs the necessary revenues aud expenses. The spread of assessments aSSIgns 61 6% of the total assessment to the single-family homes of Dublin Hills Estatcs and 38.4% to the Amador Lakes Apartments. In 2003-2004, Staff conducted a mailed ballot to all of the property owners m this District proposing an increased assessment in order to maintain and replace certain landscaping improvcmcnts. In addition to thc 10% increase in asscssmcnt rates the proposed Engineer's Report also included au escalation clause for succeeding years that allows the maintenauce cost to increase according to the Consumer Price Index aud the utility cost to increase according to the actual cost of utilities. The assessment in the Distnct had not been lIlcreased for ten years pnor to 2003-2004 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 2.8%, conronning with the April 2006 Conswner Price Index. The assessment to single-family property owners in the Dublin Hills Estates development is proposed to be $266 14 per single-fanlily home, an increase of $7.24 over the 2005-2006 assessment. The Amador Lakes Apartments property is proposed to be assessed at a rate of $45 00 per dwelling unit, an increase of $1,22 over the 2005-2006 assessment. In 2005~2006, the p1auter strip along Stagecoach Road between Turquoise Street aud South Lake Drive was replanted, and 20 miSSlllg or dead trees were replaced. Since the projected cash halance at the end of 2006-2007 indicates the reserve will excccd the allowable amount, Staff has included approximately $29,710 in improvements m the Street Tree Mamtenance and Street Landscape Maintenance hudgets. The proposed work includes rep1accmcnt of 20 additional trecs, rcnovation of additional bedding aud ground cover areas, aud construction of scvcra1 retaining walls at the top of slopes whcrc erosion is occurring. Staff will continue to meet with representatives of the property owners to determine which Improvements are most desirable. It is recommended that the work be accomplished in the fall, when the weathcr is cooler Many improvements are needed 111 this assessment district, and even though there is an eXIsting reserve or surplus at this time, Staff recommends that the Consumer Price Index rate of inerease be added each ycar so that improvements ean be made on au ongoing basis. The reserve also serves as a finaucial cushion to Page 2 of3 defray the cost of au unplanned event such as an lmgation mainline break or weather-related damage to plant material. Staff will be scheduhng a neighborhood mecting for property owners pnor to the public hearing date for this District. Staff recommends that the City Council adopt the resolutions approving the prelimillary Engineer's Report aud setting a public hearing date of July 18, 2006, for the purpose of hearing protests to the proposed 2006-2007 assessment. Page 3 of3 RESOLUTION NO. -06 A RESOLUTION OF THE CITY COUNCIL m' THE CITY OF DUBLIN ********* APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 WHEREAS, by its Resolution No. 045-06, a Resolution Directing Preparation of Annual Report for City of Dublin Laudscaping and Lighting Maintenance Assessment District No 83-2 (the "District"), this Council designated the Public Works Director as Engineer of Work aud ordered said Engineer to make and file a report in writing in accordance with aud pursuant to the Landscaping and Lighting Aet of 1972; aud 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. 045-06 and under and pursuant to said Act, which report has been presented to this Council for consideration; aud 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 aud expenses of the acquisition ofimprovements and 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 acquired and maintained, and the boundaries and dimensions of the respective lots and parcels ofland 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 acquisition and maintenance of said improvements upon the several lots and parcels oflaud in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said acquisition and maintenanee, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confinned. PASSED, APPROVED AND ADOPTED this 20th day of June, 2006. AYES. NOES ABSENT ABSTAIN ATTEST Mayor City Clerk ATTAIlHENT ~ RESOLUTION NO. -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *****t1*** APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 WHEREAS, by its Resolution No 044-06, a resolution directing preparation of annual report for City of Dublin Landscaping aud Lighting Maintenauce Assessment District 83-2 (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 pursuaut to the Laudscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made aud filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 044-06, aud 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, DETERMINED AND ORDERED, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS Section 1 Intention. The City Council hereby declares that it is its intention to seek the Annual Levy of the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy aud collect assessments on all such land to pay the annual costs of the improvements. The City Council finds that the public's best interest requires such levy and collection. Section 2 Distriet Boundaries: The boundaries of the District are described as the boundaries previously defined in the fonnation documents of the original District, within the boundaries of the City of Dublin, within the County of Alameda, State of California. Section 3 DescriDtion of ImDrovements: The Improvements within the District may include operatIon, maintenance, acquisition and servicing of street lighting and appurtenant facilities within the boundaries of the District. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a satisfactory operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2006~2007, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Section 6 Notice. The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published I ATTAUmNT ~ and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution in offi.cial posting locations customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a deseription sufficient to identifY the property owned by such property owner At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7 Notice of Public I-I~: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesdav. Julv 18. 2006. at 7:00 n.m. or as soon thereafter as feasible in the City Council Chambers, located at 100 Civic Plaza, Dublin. Section 8 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law PASSED, APPROVED, AND ADOPTED this 20th day of June, 2006 AYES. NOES ABSENT Mayor ATTEST City Clerk 2 CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719) FISCAL YEAR 2006-2007 ENGINEER'S REPORT ATfAUHMENT .3. TABLE OF CONTENTS 1 ENGINEER'S LEITER."'......."........................................................................'" 3 2 ESTIMATE OF COSTS..........................."'.."'......................................................5 JJ it1r~~~l:'~ 4:)~ ~~ljJ~~Jr~l\T1I1rJErJ\T1r.............................................................. t) '" PARCEL LISTING......................................u..."................................................ 7 s CERTIFICATIONS..........................................................................................8 1 ENGINEER'S LETTER WHEREAS, on April IS, 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 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. Summarv of Assessment (1) (2) (3) As Filed As As Finally Preliminarily Approved AODfoved Cost of Maintenance $ 79,552 Incidental Expenses $ 35,974 TOTAl, COSTS $115,526 Prior Year Collections & Penalties $ 420 Estimated 2006-07 Interest Income Applied to 2006-07 Operating Cost $ 1.403 Estimated Surplus from 2005-06 Fiscal Year $ 48,897 SU~TOTAL $ 50,720 AMOUNT TO BE ASSESSED FOR FISCAL YEAR 2006-2007 $ 64,806 .- As required by said Act, a diagram is hereto attached showing the exterior boundaries of said laudscaping 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 maintenanee 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 publie 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, J 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: Melissa 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 2006-2007 is as follows: Maintenance Landscape Maintenance $ 69,092 Utilities $ 10.460 $ 79,552 Incidentals Engineer's Report aud Proceedings $ 1,265 County of Alameda Collection Costs (I 7%) $ 1,102 ContingenciesIReserve $ 33.607 $ 35,974 Total Esd/fUlted Costs $115.526 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 singh~-family lots; thirty-eight and four tenths percent (38.4%) spread equally among the 553 apartmentlcondominium 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 iocrease wiU be based on the Bay Area Urban Wage Earner Consumer Price Index of 2.8% for April 2005 to April 2006 SAMPLE ASSESSl\fENT CALCULATION FOR RATE INCREASE Usiog an increase in the index of2.8% and a utility increase of2.8%. MAINTENANCE COST (INCLUDING INCIDENTALS) FROM 2005-06 $110 526 LESS UTILITY COST (SUBJECT TO RATE INCREASE ONL VI ($20 06]) $ 90,465 ASSESSMENT SUBJECT TO INDEX INCREASE $ 90 465 INDEX INCREASE (2.8%) 90465 x .028 ~ 92,998 $ 2 533 $ 92.998 UTILITY COST $20 061 2.8% UTILITY RATE INCREASE 20,061 x 028 ~ 562 i262 $ 20.623 NEW TOTAL MAINTENANCE COST $113,621 EFFECTIVE ASSESSMENT RATE INCREASE ($113 562 +110 526) 2.80/. 4 PARCEL LISTING Assessment Property Number Maximum Assessment 2006-2007 & Lot Owners of Units 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- O $000 $000 $000 Tract 4719 Owned Lot 153, Public- O $000 $000 $000 Tract 4719 Owned Lot 1 54 Public- O $000 $000 $000 Owned Lot 155 Publie- 0 $000 $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 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. 5 CERTIFICATIONS I, the City Clerk of the City of Dublin, California, hereby certity that the foregoing Engineer's Report, including Assessment, in the amounts set forth in Section 2, with the diagram thereto """'''', - .,01 - ~ 00 '"00 20, 2006 Au..~ _ '-\ ~~ R 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 confinned by the City Council of said City by its Resolution No. ....-06, duly adopted by said Council on June 20,2006. I, the City Clerk of the City of Dublin, California, hereby certity 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. -06, duly adopted by said Council on .....u 2006 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 ...........,2006