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HomeMy WebLinkAbout6.5 L&L MAD86-1 Levy CITY CLERK File # 360-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 16, 2002 SUBJECT: Public Hearing: Landscaping and Lighting District No. 86-1 (Villages at Willow Creek) Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACItED: 1) Resolution approving engineer's report, confirming diagram and assessment, and ordering levy of assessment 2) Engineer's Report 3) Assessment Diagram RECOMMENDATION: 1) Open public hearing /~A]~ 2) Receive Staff report and public comment 3) Question Staffand the public 4) Close public hearing and deliberate 5) Adopt resolution approving engineer's report, confirming diagram and assessment, and ordering levy of assessment FINANCIAL STATEMENT: 2002-2003 Sources and Use qf Landscape Maintenance District Funds Revenues: Total Amount Proposed to be Assessed: $86,83 L 92 Estimated lnterest Revenue: $ 1,472.00 Estimated Prior Year Collections and Penalties: $ 0.00 Less Estimated Collection and Delinquency Cost: $(1~910.00) Net Total Revenues: $86,393.92 Expenditures: Contract Landscape Maintenance: $59,436.00 Utilities: $24,555. O0 Administration and Engineering: $ 2~841.00 Total Operating Expenses: $86,832. O0 A~s shown above, $86,83L92 is proposed to be assessed to property owners for the 2002-2003 street landscaping maintenance costs. The individual assessments are calculated at $133.28 per single family home and $66.64 per multi-family parcel. This is a 2% increase above the 2001-02 assessment, which is commensurate with the Consumer Price Index rate increase (April 2002, Bay Area Urban Wage Earners) and is allowed under the terms of the Engineer's Report that was approved by property owner ballot in 2001. The budgeted cost of maintenance is slightly higher than the proposed assessment but is slightly less than the projected income for the District. COPIES TO: ITEM NO,'~ g:\assessdist\86-1\86- I staffrepthrg2002 DESCRIPTION: This maintenance assessment district was formed 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 from Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood 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 (April 2002, Bay Area Urban Wage Earners) indicates that the .. rate of increase is 2%; therefore, the proposed assessment for 2002-03 has been increased by approximately 2%, from $85,111.96 to $86,831.92. There are no changes in the District boundary or the method of calculating the spread of assessments. The proposed maintenance budget for 2002-03 includes $5,200 specifically designated for the addition of shrubs and annual flowers at the comers of Dougherty Road and Willow Creek Drive and Amador Valley Boulevard and Wildwood Road. Staffrecommends 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 Page 2 ~ '~-~ RESOLUTION NO. -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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. 018-02, 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 proceedings under and pursuant to the aforesaid Resolution and that July 16, 2002, 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 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, 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 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; 'TACH !ENT (c) The District 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 of the City Clerk, which map is made a part hereof by reference thereto. PASSED, APPROVED AND ADOPTED this 16th day of July, 2002. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk g:(ad)186-Itresolevy CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1986-1 (TRACT 5511) FISCAL YEAR 2002-2003 ENGINEER'S REPORT TABLE OF CONTENTS 1 ENGINEER'S LETTER ................................................................................. 3 2 ES TIMA TE 0 F C 0 S TS .................................................................................. 5 3 METHOD OFAPPORTIONMENT .............................................................. 6 4 PARCEL LISTING ......................................................................................... 7 5 CERTIFICATIONS ........................................................................................ 8 1 ENGINEER'S LETTER WHEREAS, on February 19, 2002, 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. SUMMARY OF ASSESSMENT (1) (2) (3) As As Finally As Filed Preliminarily Approved Approved Cost of Maintenance $84,082. O0 $84,082. O0 Incidental Expenses $4 7, 234.92 $4 7, 234. 92 TOTAL COST $131,316.92 $131,316.92 Estimated 2002-03 Interest Income Applied to 2002-03 Operating Costs ($1,472.00) ($1,472.00) Prior Year Collections & Penalties ($0) ($0) Estimated Surplus from 2001-02 Fiscal Year ($43,013.00) ($43, 013.00) NET TO BE ASSESSED FOR FISCAL YEAR 2002-2003 $86,831.92 $86,831.92 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 of Willow 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 'Wildwood Road. · Roadside landscaping, fence, and pathway improvements on the west side of Wildwood 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 2001/02 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 rnaps~le Dated:and °f rec°rd in the °ffice °f the C°untY Rec°rder °f said ~C°'¢tmlq"~'x(~[~,,/__~...........~June 18, 2002 2 ES TIMA TE 0 F C OS TS The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2002-03 is as follows: Maintenance Weeding, fertilizing, pruning, plant replacement, irrigation system: $54,236. O0 Additional planting @ two comers $5,200. O0 Utilities: $24,555. O0 Administration $91. O0 $84,082.00 Incidentals Engineer's Report and Proceedings $2,750. O0 County of Alameda Collection Costs ~ 1.7% $1,476. O0 Delinquencies @ 0.5% $434.00 Contingencies/Reserve $42,5 74.92 $47,234.92 TOTAL: $131,316.92 3 METHOD OFAPPORTIONMENT 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 Benefit % of Total Living Units Units Assessment Lot 150 Village I 56 28 4.30 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 0.00 Total: 1150 651.5 100.00 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 1% and a utility increase of 5%: MAINTENANCE COST $85,320 LESS UTILITY COST (SUBJECT TO RATE INCREASE ONLY) $(29,910) $55,410 ASSESSMENT SUBJECT TO INDEX INCREASE $55,410 INDEX INCREASE (ASSUMED 1%) 55,410 x.O1 = 554 $554 $55,964 ENERGY COST $29,910 5% UTILITY RATE INCREASE 29,910X.05 = 1,495 $1,495 $31,405 NEW TOTAL MAINTENANCE COST $87,369 4 P~4R CEL LISTING Assessment & Lot Number of Assessment 2002/03 Total Number Property Owners Units per Unit Assessment Lot 150 (Village I) Individual Owners 56 units $66.64 $3,731.84 Lot 149 (Village II) Individual Owners 248 units $66.64 $16,526.72 Lot 148 (Village III) Individual Owners 224 units $66.64 $14,927.36 Lot 146A (Village IV) Individual Owners 135 units $66.64 $8,996.40 Lot 146B (Village V) Individual Owners 204 units $66.64 $13,594.56 Lots 1 - 145 (Village VI) Individual Owners 145 units $133.28 $19,325.60 Lots 152-177 (Village VII) Individual Owners 138 units $66.64 $9,196.32 Lot 151 (Commercial) Unknown 4 units $133.28 $533.12 Lots A - D Open Space Unknown 0 units $0.00 $0.00 District Total: 1,154 N/A $86,831.92 5 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. / f~ - ib I, the City Clerk of the City of Dublin, California, hereby certif thjit the foregoing Assessment, with the diagram thereto attached, was preliminarily approved ~ '~onfirmed by the City Council of said City by its Resolution No. 96-02 duly adopted by said C__ouncil on J_ung 18,2002. ment I, the City Clerk of the City of Dublin, California, hereby certi t the foregoing Assess , with the diagram thereto attached, was finally approved and con~rmed 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 August 10, 2002.