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HomeMy WebLinkAbout4.13 MAD83-1 PrelEngr AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 18, 2002 CITY CLERK File # D~~[Q]-~ U; SUBJECT: Citywide Street Lighting Maintenance Assessment District 83-1: Preliminary Engineer's Report Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 3) Resolution Approving Preliminary Engineer's Report Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (July 16,2002) Preliminary Engineer's Report (Assessment Diagram to be Displayed at City Council Meeting) 1) 2) RECOMMENDATION:/'"). d Adopt resolutions approving preliminary engineer's report and \1 V\j\'o setting hearing date and time (July 16,2002,7:00 p.m.) for the 2002-2003 assessment. FINANCIAL STATEMENT: 2002-2003 Sources and Use of Street Li~ht Maintenance District Funds Revenues: Total Amount Proposed to be Assessed: Estimated Interest Revenue: Estimated Prior Year Collections and Penalties Reimbursement for Public Damage: Less Estimated Collection and Delinquency Cost: Net Total Revenues $241,677 4,663 2,700 4,000 (6,977) $246,063 Expenditures: Contract Maintenance and Utilities: Pole Replacement Capital Project Administration and Engineering: Total Operating Expenses: 223,768 102,000 9,136 $334,904 - - - - - - - - - - - - - - - - - - - - - - - - - - -~~~~~~ -~~; - - - - - - - - - - - - - - - - - - - - - -;rf' - //e) ITEM NO. g:\assessdist\83-1 \agstpre The $88,463 difference is proposed to be paid from the existing reserve in this District. An estimated balance of $90, 405 will remain as a fund for future pole replacement. Please see additional information in the Staff Report below regarding the Pole Replacement Capital Project and use of reserves. The proposed assessment of $16.84 per single family home, is a 27% increase over the 2001-2002 assessment. This increase however, is an allowable increase according to Proposition 218, Since the rate is less than previously assessed by the District during Fiscal Year 1995-1996. DESCRIPTION: This assessment district funds energy and maintenance costs for the City's street lighting system, except for the lighting installed in Dublin Ranch and Tract 7067, which is funded through the Dublin Ranch Street Lighting Maintenance Assessment District. In 1983, the City Council formed a Citywide Street Lighting Assessment District to replace the County of Alameda Lighting Service Area. On August 13, 1984, the City Council approved the annual Engineer's Report and ordered levy of assessments for the first time. In 1995-1996, the City of Dublin and other agencies in Alameda County took possession of PG&E-owned street lights in order to reduce maintenance costs. The 1996-1997 assessments were reduced from the 1995-1996 level of $19.34 by 30%. Since that time, the assessment per single-family home has been $13.26 per year° There are two factors which contribute to the need for an increase in assessment at this time. Energy costs have increased substantially over the past two years. While the basic monthly rates for street lighting have not increased, the Public Utilities Commission has approved the application of surcharges which add 75% to the total bill. Over the past several years, maintenance and energy cost increases have been paid from the District reserve without increasing the assessment; however, continuing to operate in this fashion would eventually use up the reserve. In addition, poles in some of the older subdivisions have deteriorated to the point that replacement of poles has become a necessity. The poles involved are the ungalvanized, painted steel poles in subdivisions that are in the area east of San Ramon Road and west of Village Parkway. The ungalvanized steel has corroded to the point that the poles may become hazardous. Several of the poles that were noted to have obvious holes in them have been replaced through the maintenance operating budget. One incident has already occurred in which a pole fell during a strong wind. It is therefore proposed to survey the poles and begin replacing them in Fiscal Year 2002-2003. The first year of pole replacement is proposed to be paid from the existing reserve in this assessment district. The estimated cost of the first year of the project is $102,000. Additional information regarding the Pole Replacement Capital Improvement Project will be presented to the City Council as part of the special session for review of the proposed 2002-2003 Budget and Five-Year Capital Improvement Program. The City Attorney has researched the history of this Assessment District, as well as the regulations under Proposition 218, and has determined that the assessment can legally be increased back to its 1995-96 level of $19.34 without a vote of property owners. The normal 1 O-day public notice and hearing procedures for Landscaping and Lighting Assessment Districts are still required. Staff has calculated that the proposed 2002-2003 street lighting operating cost for this District, without including the cost of the pole replacement, is 27% higher than the estimated 2001-2002 operating cost and is therefore proposing that the assessment be increased by 27% at this time, from $13.26 per single family home to $16.84, which is within the allowable amount. This is an increase of $3.58 over a one year period. As shown on Section 3 "Method of Apportionment" of the Engineer's Report, the assessment for a commercial property is a Page 2 factor of 5.5 multiplied by the single family rate or $92.62 multiplied by the acreage of the property. Vacant parcels pay one half the rate of developed parcels~ A reserve of approximately $90,405 is projected to remain at the end of 2002-2003° This reserve is less than the amount allowed by State Law, which permits up to 50% of the operating cost for the District. Staff recommends that the City Council adopt the resolutions approving the preliminary Engineer's Report and setting a public hearing date of July 16, 2002, for the purpose of hearing protests to the proposed assessment. Page 3 RESOLUTION NO. -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, 'CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 WHEREAS, by its Resolution No. 017-02, a Resolution Directing Preparation of Annual Report for City of Dublin Street Lighting Maintenance Assessment District No. 83-1 (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 Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 017-02 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 ofthe itemized and total costs and expenses ofthe acquisition of improvements and m~aintaining 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 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 acquisition and 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 acquisition and 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 18th day of June, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk P~F I A{~;~\~,'~ , . RESOLUTION NO. -02 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 STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 WHEREAS, by its Resolution No. 017-02, a resolution directing preparation of annual report for City of Dublin Street Lighting Maintenance Assessment District (the "District"), this Council designated the City Engineer as EngineerofWork 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 o£Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 017-02, 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, 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 and 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 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation, documents of the original District, within the boundaries of the City of Dublin, within the County of Alameda, State of California. Section 3 Description of Improvements: 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 2002/03, 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 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 official 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 description 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 Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday July 16~ 2002 at 7:00 p.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 18th day of June, 2002. AYES: NOES: ABSENT Mayor ATTEST: City Clerk CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1983-1 FISCAL YEAR 2002-2003 ENGINEER'S REPORT %(o TABLE OF CONTENTS 1 ENGINEER'S LETTER ............................................................................. 3 2 ESTIMATE OF COSTS ....................................... , ......... , ............................ 5 3 METHOD OFAPPORTIONMENT .................... ....................................... 6 4 CERTIFICATIONS ........ . ........................................................................... 7 1 ENGINEER'S LETTER WHEREAS, on March 20, 2002, the City Council of the City of Dublin, Califomia, 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.-1 for the acquisition and 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 acquisition of and maintenance of said improvements and the cost and expenses incidental thereto, to be paid by said District. SUMMARY OF ASSESSMENT (1) (2) (3) As Preliminarily As Finally As Filed Approved Approved Cost of Maintenance $226,654 Pole Replacement Capital Project $102,000 Incidental Expenses $103, 632 TOTAL COSTS $432,286 Estimated 2002-03 Interest Income Applied to 2002-03 Operating Costs ($4, 663) Prior Year Collections and Penalties ($2, 700) Reimbursement for Public Damage ($4,000) Estimated Surplus from 2001-02 Fiscal Year ($179, 246) SUB-TOTAL ($190,609) AMOUNT TO BE ASSESSED FOR FISCAL YEAR 2002-2003 $241,677 Assessment per factor rate of "1' $16.84 "1 As required by said Act, a diagram is hereto attached showing the exterior boundaries of said street light 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 as of January 1, 2002, 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 street light 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 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 street light maintenance assessment district in proportion to the estimated benefits to be received by said lots or parcels respectively from the acquisition and 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 includes the cost of energy and maintenance of street lights within the City of Dublin, excepting street lighting within Street Light Maintenance Assessment District 99-1 (Dublin Ranch). The scope of work shall also include the cost of purchase or installation of street lights. 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 2002-2003 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: June 18, 2002 ( 2 ESTIMATE OF COSTS The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2002/03 is as follows: Maintenance (1) Electric Energy $164, 900 (2) Contract With Alameda County $30,000 (3) California Street Light Association $1,068 (4) Other Repairs and Maintenance Costs including pole painting $27,800 (5) Pole Replacement Capital Project $102,000 (6) Administration .$2,886 $328,654 Incidentals (1) Engineer' s Report and Proceedings $6,250 (2) Cost of Collection (County of Alameda) $4, ! 10 (3) Delinquencies ~ 1.2% $2,867 (4) Contingencies/Reserve $90,405 $103,632 $432,286 3 ME THOD OF APPORTIONMENT The assessments shall be spread using a method of"factor rates" assigned to different land uses. The establishment of the apportionment of a factor rate of"l" will be calculated by dividing the total assessment of the year by the sum of factor rate numbers assigned wherein the factor rates are assigned as follows: Use (x = any single digit number) Factor Rate (multiplied by .5 if vacant) Ox Exempt 0 lx & 73 Single Family Residential & Condo 1 22 Duplexes 2 23 Tri-Plexes 3 24 Four-Plexes 4 3x Commercial 5.5/ac. 4x Industrial 5.5/ac. '5x Rural 0.5 6x (except 65) Institutional 5.5/ac. 7x (except 73) Apartments 6 8x Commercial 5.5/ac. 9x Commercial 5.5/ac. 65 Cemeteries 0 xx9 Common Open Space 0 The assessment of each parcel shall be established by multiplying the factor rate for that parcel by the apportionment for a factor rate of 1. 4 CER TIFICA TIONS 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 18, 2002. 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. -02 duly adopted by said Council on June 18, 2002. 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. -02 duly adopted by said Council on July 16, 2002. I, the City Clerk of the City of Dublin, California, hereby certify that a certified copy of the Assessment and diagram was filed in the office of the County Auditor of the County of Alameda, California, on ,2002.