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HomeMy WebLinkAbout4.02 AD 83-2 Stgcoach Rd CI'TY CLERK File # 360-20 AGENDA STATEMENT CTTY COUNCTL MEETTNG DATE: 3une 3f 2003 SUBJECT: Landscaping and Lighting Maintenance Assessment D/strict 83-2 (Stagecoach Road): Preliminary Engineer's Report Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution of Intention to Levy Assessments for Fiscal Year 2003-2004, Preliminarily Approving Engineer's Report, Providing for Notice of Hearing, and Directing Actions with Respect Thereto 2) Preliminary Engineer's Report (Assessment Diagram to be Displayed at City Council Meeting) RECOMMENDATION.~~ Adopt resolution FINANCIAL STATEMENT: 2003-2004 Sources and Use o£Maintenance Assessment District Funds Revenues: Total Amount Proposed to Be Assessed: $61,261.62 Estimated Interest Revenue: 1, 051. O0 Estimated Prior Year Collections and Penalties 12& O0 Less Estimated Collection and Delinquency Cost: (1~041.45) Net Total Revenues $61,399.17 Expenditures: Contract Maintenance and Utilities: $65,411. O0 Administration and Engineering: 3~ 750. O0 Total Operating Expenses: $69,161. O0 The above calculations include a proposed increase of approximately 10% over the 2002-2003 assessment. Please see Description below regarding the source and reasons for the requested increase. Based on the above, expenditures would still exceed revenues and a minor amount of reserve funds would need to be used. COPIES TO: ITEMNO. ~,~ g:\assessdist\83-2\83-2StaffRptlntent DESCRIPTION: In 1983, the City of Dublin formed Landscaping and Lighting Assessment District No. 83-2 for the purpose of maintaining landscaping within Tract 4719. The District originally included Stagecoach Parl~ 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 $30,626. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. In the past, portions of the reserve have been used for landscape renovations and to keep the assessment to property owners as low as possible. The level of service in this District has been tailored to the available funds (i.e., low assessment, small reserve) as much as possible, rather than requesting to increase the assessment in order to perform additional work. This District has quite a large landscaped area, which is supported by relatively few property owners. For Fiscal Year 2003-2004, the District boundary remains the same. When the District was formed, the spread of assessments was to be recalculated each year so that single-family homes paid 100% of the cost of interior slope landscape maintenance and 40% of the cost of Stagecoach Road landscape maintenance, while the Amador Lakes Apartments paid 60% of the Stagecoach Road landscape maintenance. While the assessment has remained constant over the past several years, the spread of actual maintenance costs has changed somewhat. Single-family homes have currently been paying 61.6% of the total assessment, and the apartment units have been paying 38.4%. It is proposed to revise the Engineer's Report to reflect these as constant percentages. Staff has been meeting regularly with some of the property owners in this District. It has become apparent that an increased assessment is in order to maintain and replace certain landscaping improvements. As noted in the Financial Statement above, the proposed increase is 10% above the 2002-03 assessment. The assessment in this District has not been increased for the past ten years. During Fiscal Year 2002-03, Staff conducted a soil investigation which resulted in a recommendation for an additional and different type of fertilization than has been used in the past. The increase in assessment is proposed to fund the cost of additional fertilization as well as additional plant material. The assessment to single-family property owners in the Dublin Hills Estates development is proposed to be $251.58 per single-family home. The Amador Lakes Apartments property is proposed to be assessed at a rate of $42.54 per dwelling unit (or $23,524.62 for the entire apartment development). The proposed Engineer's Report also includes 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. This proposed increase will require a vote of the property owners under the terms of Proposition 218, similar to the vote conducted in the Dougherty Assessment District two years ago. A 45-day mailed notice for the public hearing is required to comply with Proposition 218. It should be noted that the cost of conducting the balloting procedure is $2,500, which cost would be paid by the District. It is Staff s intention to hold a neighborhood meeting with any interested property owners prior to the public hearing in order to explain the procedure and answer any questions or concerns. Staff recommends that the City Council adopt the resolutions approving the preliminary Engineer's Report and setting a public hearing date of August 5, 2003. Page 2 RESOLUTION NO. -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2003-2004, PRELIMINARILY APPROVING ENGINEER'S REPORT, PROVIDING FOR NOTICE OF HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, this Council adopted Resolution No. 023-03, a Resolution Directing Preparation of Annual Report for the City of Dublin Landscaping and Lighting Maintenance Assessment District 83-2 (the "District"); and WHEREAS, pursuant to this Resolution, an Engineer's Report has been prepared, filed with the City Clerk; and duly considered by this Council; NOW, THEREFORE, the City Council of the City of Dublin resolves as follows: 1. The Engineer's Report is hereby deemed sufficient and is preliminarily approved. This report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to the foregoing Resolution. 2. It is the intention of the Council to levy and collect assessments within the District for Fiscal Year 2003-2004. Within the District the existing and proposed improvements and the substantial changes proposed to be made to existing improvements are described in the Engineer's Report. 3. The general location and proposed boundaries of the District are as shown on a map on file and open to inspection in the office of the City Clerk. 4. Reference is hereby made to the aforementioned Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the proposed District, and the proposed assessments upon assessable lots and parcels of land within the District, each of which assessments is proposed to be increased from the previous year. 5. This Council hereby orders that a public heating shall be held on Tuesday, August 5, 2003, at 7:00 p.m., before this Council in the regular meeting place thereof, the Dublin Civic Center, 100 Civic Plaza, Dublin, California, for the purpose of allowing public testimony regarding the proposed assessments for the District and this Council's determination whether the public interest, convenience, and necessity require improvements and this Council's final action upon the Engineer's Report and the assessments therein. 6. The City Clerk is hereby authorized and directed to cause notice of the hearing to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been 1 given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the City and return address of the City Clerk as sender. The mailed notice shall be given to all property owners within the District as shown in the Engineer's Report by such mailing by name to those person whose names and addresses appear on the last equalized assessment roll of the County of Alameda or the State Board of Equalization assessment roll, as the case may be. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot, which includes the property owner's name, identification of the parcel, and support or opposition to the proposed increased assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return, and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the increased assessment, with ballots weighed according to proportional financing obligation of the affected property) will result in the increased assessment not being imposed. Each mailed ballot shall include a sealable return envelope with the City's address for receipt of completed ballots. The notice herein provided shall be mailed not less than forty-five (45) days before the date of public hearing. 7. The City Clerk is hereby designated as the impartial person responsible for the tabulation of the ballots. The City Clerk shall maintain a separate and secure file for the safekeeping of the assessment ballots as they are received and pending tabulation. Ballots shall be received up to the time of the closing of the public hearing. Ballots shall remain sealed until the close of the public hearing and the beginning of the tabulation, provided that ballots may be submitted, or changed, or withdrawn by the person submitting the ballot prior to the conclusion of the public hearing. During and after tabulation, the ballots shall be disclosable public records under Section 6252 of the California Government Code. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2003. AYE S: NOES: ABSENT: ABSTAINING: Mayor ATTEST: City Clerk g.'lassessdistrict183-2 treso prelim increase 2 CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719) FISCAL YEAR 2003-2004 ENGINEER'S REPORT TABLE OF CONTENTS ' 3 1ENGINEER S LETTER ............................................................................... 2 ESTIMATE OF COSTS ....................................................... ~ ........................ 5 3 METHOD OFAPPORTIONMENT ............................................................. 6 4 PARCEL LISTING ....................................................................................... 7 $ CERTIFICATIONS ...................................................................................... 8 1 ENGINEER'S LETTER WHEREAS, on February 18, 2003, 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, gaid 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) With Proposed Without Proposed As Finally Increase Increase Approved Cost of Maintenance $60,911. O0 $59,942. O0 Incidental Expenses $32,155. 62 $2 7, 561.04 TOTAL COST $93,066.62 $87,503.04 Prior Year Collections & Penalties ($128. 00) ($128. 00) Estimated 2003-04 Interest Income Applied to 2003-04 Operating Cost ($1,051.00) ($1,051.00) Estimated Surplus from 2002-03 Fiscal Year ($30, 626. 00) ($30, 626. 00) AMOUNT TO BE ASSESSED FOR FISCAL YEAR 2003-2004 $61,261.62 $55,69& 04 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 receive~l by each such lot or parcel f~om 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 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. Assessment rates at their current level are not sufficient to provide landscape maintenance services at a level desired by property owners. At the request of the property owners in the District and in accordance with Proposition 218 a ballot election requesting property owners to vote on a 10% increase to their current assessment will be conducted. This increased funding will be used to enhance landscape service levels to better serve property owners in the District. 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 2003-2004 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 3, 2003 . . '\, L~ S. ~hompsofli d' 2 ESTIMATE OF COSTS The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2003-2004 is as follows:~ Maintenance With Proposed Without Proposed Increase Increase Scheduled Maintenance $43,452. O0 $43,452. O0 Funds Available for Additional Services $5,469. O0 $0.00 Utilities $16, 490. O0 $16, 490. O0 $65,411.00 $59,942.00 Incidentals Engineer's Report and Proceedings * $3,750. O0 * $3,750. O0 County of Alameda Collection Costs (1.7%) $1,041.45 $946.8 7 Contingencies/Reserve $22,864.17 $22,864.17 $27,655.62 $27,561.04 TOTAL: $93,066.62 $8 7,503. 04 * Includes $2,500 for the cost of balloting. 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 single-family lots; thirty-eight 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 $60,911 LESS UTILITY COST (SUBJECT TO RATE INCREASE ONLY) ($16,490) $44,421 ASSESSMENT SUBJECT TO INDEX INCREASE $44,421 INDEX INCREASE (ASSUMED 1%) 44,421 x .ol = 444 $444 $44,865 ENERGY COST $16,490 5% UTILITY RATE INCREASE 16,49ox.o5 = 824.50 $824.50 $17,314.50 NEW TOTAL MAINTENANCE COST $62,179.50 4 PAR CEL LISTING With the Increase Without the Increase Assessment 2003-2004 2003-2004 & Lot Property Number Assessment Total Assessment Total Number Owners of Units per Unit Assessment per Unit Assessment Lots 1 - 150, Tract 4719 Individual 150 $251.58 $37,737.00 $228.72 $34,308.00 Owners Lot 152, Tract 4719 Public- 0 $0.00 $0.00 $0.00 $0.00 Owned Lot 153, Tract 4719 Public- 0 $0.00 $0.00 $0.00 $0.00 Owned Lot 154 Public- 0 $0.00 $0.00 $0.00 $0.00 Owned Lot 155 Public- 0 $0.00 $0.00 $0.00 $0.00 Owned Lots 1-553, Tract 5180 Individual 553 $42.54 $23,524.62 $38.68 $21,390.04 Owners District Total: 703 N/A $61,261.62 $55,698.04 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 certify that the foregoing Engineer's Report, including Assessment, in the amounts set forth in Section 2, with the diagram thereto attached, was filed with me on June 3, 2003. 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. __-03, duly adopted by said Council on June 3, 2003. 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. -03, duly adopted by said Council on ., 2003. 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, 2003.