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HomeMy WebLinkAbout4.14 MAD83-2PrelEngRprtCITY OF DUBLIN AGENDA STATEMENT SUBJECT: EXHIBITS ATTACHED: RECOMMENDATION: FINANCIAL STATEMENT: City Council Meeting Date: July 21, 1987 Landscaping and Lighting District No. 1983-2 · (Tract 4719) 1) Preliminary Engineer's Report 2) Resolution Approving Preliminary Engineer's Report 3) Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (August 10, 1987) 4) Assessment Diagram to be available at the City Council Meeting. 5) Agreement on Open Space Lot Adopt Resolutions $44,200 to be assessed to property owners for 1987-88 landscaping and lighting maintenance costs. No cost to the City. $20,000 is also budgeted from reserves to complete the re-landscaping of the Stagecoach Road slopes. DESCRIPTION: The City formed the Landscaping and Lighting Assessment District No. 1983-2 for maintenance of landscaping within Tract 4719 (Stagecoach Road and Stagecoach Mini-Park). The method of assessment spread was previously revised to add the maintenance of the Dougherty Hills Open Space and the Beck interior roadway slopes per agreement with the two developers. The cost of maintenance of the Stagecoach Road landscaping and Stagecoach Park is spread 60% to the Amador Lakes development and 40% to the Beck development (divided among the 150 single-family lots). The cost of the Dougherty Hills Open Space lot maintenance is spread 60% to the Beck development (150 single-family lots in Tract 4719) and 40% to the Amador Lakes development. Ail of the Beck interior and exterior slopes maintenance cost is spread to the Beck lots. The agreement between the City and the developers allows the open space discing to be paid by the District for three years, after which that cost reverts to the City. This upcoming year is the last of the three years. The District Diagram remains the same as last year. The District budget this year is $70,481, (less collection cost and delinquencies). This is $39,386 more than last year's estimated expenditures of $31,095 (less collection costs and delinquencies), because of increased maintenance costs and re-landscaping of the Stagecoach Road slopes. $20,000 of this budget is being funded by reserves from previous years. The assessment to the single-family property owners in the Beck development will increase by $49.00 per lot over the 1986-87 assessment ($133 per lot vs. $84 per lot last year). The original landscaping of the Stagecoach Road slopes included trees, bushes, and hydroseeded wildflowers. Several problems, including failure of the automatic irrigation system, fence post holes drilled through irrigation lines, and heavy vandalism of sprinkler risers, caused much of the ground cover to die. City Staff and Rafanelli and Nahas proposed that the ground cover be revegetated with more drought-tolerant plants and that Rafanelli and Nahas and the Maintenance Assessment District, through its reserves, split the re- landscaping costs. This proposal was approved by the City Council and a contract awarded to Four Seasons Landscape. This project is scheduled for completion by the end of the July. ITEM NO. COPIES TO: Beck Properties Amador Lakes Associates CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719) (FISCAL YEAR 1987-1988) PRELIMINARY ENGINEER'S REPORT CONTENTS Assessment: Including Estimate of Costs, Method of Apportioning, and Assessment Roll 2. Assessment Diagram -1- ASSESSMENT WHEREAS, on May 11, 1987, 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 for the maintenanc~ 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 followingassessment 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. ESTIMATE OF COSTS (1) As Filed Cost of Maintenance $ 62,500 Incidental Expenses $ 10,981 TOTAL COST: $ 73,481 1987-88 Interest Income- $ 3,300 Surplus from Previous Fiscal Year $ 25,981 NET TO BE ASSESSED FOR FISCAL YEAR 1987-88 $ 44,200 (2) As Preliminarily $ $ $ Approved (3) As Finally Approved $ $ $ $ $ $ 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. -2- 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. 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 1987-1988 and includes all of such parcel excepting those portions thereof within existing public roads or right-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 or parcel of land assessed, the amount assessed thereon, and the number of the assessment. Dated: July 15, 1987 ~~~ -3- CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719) ENGINEER' S COST ESTIMATE FISCAL YEAR 1987-1988 MAINTENANCE $ 62,500 $ 62,500 INCIDENTALS a) b) c) d) TOTAL Engineer's Report and Proceedings $ 2,000 Cost of Collection (County) $ 760 Estimated Delinquencies $ 2,240 Contingencies and Reserve $ 5,981 $ 10,981 $ 73,481 -4- CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENTDISTRICT CERTIFICATIONS FISCAL YEAR 1987-1988 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 attadhed, was filed with me on July 15, 1987. 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. , duly adopted by said Council on , 1987. 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. __, duly adopted by said Council on , 1987. 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 , 1987. -7- METHOD OF APPORTIONING Sixty percent (60%) of the annual cost of maintaining the park on Lot 152 of Tract 4719 and the landscaping within and along Stagecoach Road has been assigned to Lots 5180-1, 5180-2, and 5180-3 prorated on the number of units within each lot. The 40% balance of this annual cost has been divided equally among Lots 1 through 150, inclusive, of Tract 4719. The cost of maintaining the excavated slopes and concrete culverts together with its landscaping existing around the outer perimeter of the residential subdivision lots and the interior slopes and culverts, excluding those slopes and concrete culverts adjacent to Stagecoach Road, shall be evenly spread over Lots 1 through 150 of Tract 4719. The cost of maintaining the perimeter fence and the open space within Lot 153 of Tract 4719 shall be spread 60% to Lots 1 through 150, Tract 4719, in equal shares, and 40% to Lots 1 through 3 of Tract 5180, prorated on the number of units within each lot. 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. -5- ASSESSMENT ROLL Assessment and Lot No. Property Owner Amount of Assessment 1986-87 Tax Year Tract 4719 1-150 Tract 4719 152. Tract 4719 153 Public-Owned 154 Public-Owned 155 Tract 5180 1 Tract 5180 2 Tract 5180 3 Unknown $ 133 per lot Unknown $ 0 Unknown $ 0 $ 0 $ 0 Unknown $ 8,651 Unknown $ 6,729 Unknown $ 8,870 -6- RESOLUTION NO.~? -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 WHEREAS, by its Resolution No. 31-87, a Resolution Directing Preparation of Annual Report for Maintenance Assessment District, City of Dublin Landscaping and Lighting Maintenance Assessment District, 83-2 (the "district"), this Council designated the City Engineer, as Engineer 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. 31-87 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; and that said report, nor any part thereof requires or should be modified in any respect; NOW, THEREFORE, BE IT RESOLVED a) that the Engineer's estimate of' the itemized and total costs and expenses of maintaining said improvements and of the incidental expenses of 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. b) that the diagram showing the assessment district, description of the improvements to be 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. c) the assessment of the total amount of the cost and expenses of the proposed 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 maintenance, and of the expenses incidental thereto, as contained in said report be and they are hereby preliminarily approved. PASSED, APPROVED, AND ADOPTED this 21st day of July, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RF. IATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 WHEREAS, by its Resolution No. 31-87, a Resolution Directing Preparation of Annual Report for Maintenance Assessment District, City of Dublin Landscaping and Lighting Maintenance Assessment District 83-2 (the "District") this Council designated the City Engineer as Engineer and ordered that engineer to make andfile 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. 31-87, 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 that on August 10, 1987, at the hour of 7:30 p.m. in the regular-meeting place of said Council, Dublin Library, 7606 Amador Valley Blvd., Dublin, California, be, and the same are hereby appointed and fixed as the time and place when and where it will consider and finally act upon the Engineer's Report. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to give notice of said hearing once a week for two weeks in the local newspaper published and circulated in said City, and by conspicuously posting a notice thereof at public locations, and not less than three in all; said posting and first publication to be had and completed at least ten (10) days before the date herein set for hearing of protests. BE IT FURTHER RESOLVED that said notices shall be headed "Notice of Assessment" and shall, in legible characters, state the fact and date of the passage of this Resolution and approving the preliminary Engineer's Report and of the date, hour, and place set for the hearing of said protests, and briefly describe the assessments proposed to be made, and refer to said Resolution and report for further particulars. PASSED, APPROVED, AND ADOPTED this 21st day of July, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk AGREEMENT ' Agreement made this ~/~. day of August, 1985 among the City of Dublin, a municipal corporation, Amador'Lakes Associates, a California limited partnership, and Beck Properties, Inc., a California corporation- ' RECITALS OF CONSIDERATION Mutual Promises NOW THEREFORE, for and ih consideration of the premises and the mutual promises,' covenants, and agreements hereinafter set forth, the City of Dublin, Amador Lakes Associates, and Beck Properties, Inc., agree as follows: 1. The City of Dublin shall accept dedication of Lot 153 of Tract 4719 located in the City of Dublin and shall cause to be annexed certain hereinafter specified costs and maintenance obligations to that certain assessment district designated Land- scaping and Lighting District No. 1983-2, City of Dublin, Alameda County, California. The above acceptance of the dedication of Lot 153 of Tract 4719 in the City of Dublin and-the annexation of certain costs and maintenance obligations to the above referred to assessment district shall be made under the following terms and conditions: A. Beck Properties, Inc., and Amador Lakes Associates will construct fencing from the southwest corner of Lot 153 easterly ' to the southeast corner of Lot 153 and then northerly to tie in with the existing fence surrounding the water tank located in the easterly part of Lot 153. In addition, Beck Properties, Inc..and Amador Lakes Associates shall construct fencing from the northern end of the concrete culvert on the east side of Stagecoach Road easterly along the northern border of Lot 153 to the existing fence line located at the northeast corner of Lot 153 and will construct additional fencing along the open areas of Lot 153 that border on Stagecoach Road. (1.) The fencing to be constructed along the southern, eastern and northern bo~der 6f.Lot 153 shall'be a vinyl clad chain link fence. The fence along the eastern border of Lot 153 shall be.eight feet in height and all other fence shall be a minimum of six feet in height. (2.) The fencing along the east side of Stage- coach Road shall be such as to limit access from Stagecoach Road · to Lot 153 and shall be of a nature that shall serve this purpose and also be aesthetically comparable with the subdivision and landscaping along Stagecoach Road. The actual type of fencing and its location shall be mutually agreed upon by the City of Dublin, Beck Properties, Inc., and Amador Lakes Associates. (3.) The cost of the fencing shall be allocated fifty percent (50%) to the City of Dublin and fifty percent (50%) to Beck Properties, Inc. and Amador Lakes Associates. The cost allocation to Beck Properties, Inc. and Amador Lakes Associates shall be sixty percent (60%) to Beck Properties, Inc. and forty percent (40%) to Amador Lakes Associates. (4.) If additional fencing around the perimeters of the excavated subdivision slopes is required by the City of Dublin within three years from the date of this agreement, the cost of such fencing shall be assessed fifty percent (50%) to Lots I through 150, in equal shares, of Tract 4719, City of Dublin, and the remaining fifty percent (50%) to the City of Dublin. If no additional fencing is required within said three year period, the City of Dublin shall assume the responsibility for any additional. fencing in the future. (5.) The estimated costs for all of the above referred to fencing, including the fencing referred to in paragraph (4.) above, is under the sum of Forty Thousand Dollars ($40,000.00). The maximum costs of all of the above referred to fencing to be assessed against Beck Properties,. Inc.,'Amador Lakes Associates, Lots 1 through 151 of Tract 4719, City of Dublin, shall not exceed the combined total of Twenty Thousand Dollars ($20,000.00). 2. The cost of maintaining the fencing contemplated by this agreement shall be allocated through Landscaping and Lighting District No. 1983-2, City of Dublin, Alameda County, California and shall be assessed sixty p~rcent (60%) to Lots 1 through 150, in equal shares, of Tract 4719, City of Dublin, and forty percent (40%) to Lot 151 of Tract 4719, City of Dublin. This assessment of the maintenance of the fencing shall be made for a period of three years from the date of this agreement and after the expiration of the three years the cost of maintaining all fencing contemplated by this agreement shall be born by the City of Dublin. 3. The cost of maintaining the common area of Lot 153 of Tract 4719, City of Dublin, shall be allocated through Landscaping and Lighting District No. 1983-2 and assessed sixty percent (60%) to Lots 1 through 150, in equal shares, of Tract 4719, City of Dublin, and forty percent (40%) to Lot 151 of Tract 4719, City of Dublin. This assessment shall last for a period of three years from the date of this agreement and from that time on the cost of maintaining Lot 153 of said subdivision shall be born by the City of Dublin subject to the exception noted in paragraph 3A below. If the City of Dublin allows public access to Lot 1~53 of Tract 4719, City of Dublin, prior to this three year period of limitation, the cost of maintaining said Lot 153 shall revert solely to the City of Dublin when such public access is formally approved by the City. A. The excavated slopes and concrete culverts existing around the outer perimeters of the subdivision and the interior slopes and concrete culverts, excluding those slopes and concrete culverts adjacent to Stagecoach Road, as shown in attached Exhibit "A", shall be annexed to Landscaping and Lighting Distric~ No. 1983-2. The cost of maintaining these slopes and culverts shall be assessed solely to Lots 1 through 150, in equal shares, of Tract 4719, City of Dublin. This assessment shall be permanent in nature. 4. Beck Properties, Inc. shall cause to be granted to the City of Dublin, a public easement over Lots 80 through.86 and 37 through 4~-of Tract 4719, City of Dublin, to allow for the main- tenance of slopes and ~ulverts contemplated by this agreement. GENERAL PROVISIONS Acceptance The terms and conditions of this agreement are subject to the approval and acceptance by the City of Dublin. In the event that such approval and acceptance is not obtained from the City of Dublin within thirty (30) days from the date of this agreement, this agreement shall be deemed null and void in its entirety. Entire Agreement This agreement supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this agreement acknowledges that no represent- ations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, ~nd that no other agreement, statement, or promise not containted in this agreement shall be valid or binding in respect to the subject matter hereof. -2- · Th g0 ; ed* b~.'?and 'cOnstrued in /.~;)~;"~: ' : is 'agreement sh~i' 'b'e ven accordance with the laws of the State .of California. . .~..:.. lqonassignability This agreement shall not be assigned by any party .. hereto without the prior written consent of all parties..~' Successors and Assigns Subject to the provision regarding assignment, this agreement shall be binding upon the heir, executors, administrators, successors and assigns of the respective parties. Attorneys Fees If any. legal action is necessary tO enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorneys fees i'n addition to any other relief to which the party may be entitled. This provision shall be construed as applicable to the entire contract. , Executed at of , 1985. Executed at- California, this day California, this day of , 1985. of Executed at~~ .~! ~:,~/-- ,1985. / BECK PROPERTIES, INC. ,/alifornia, ~hi~ ~ /~ 'd.a. y A~LADOR LAKES ASSOCIATES