HomeMy WebLinkAbout8.2 L&L MAD86-1 PrelEngr CITY CLERK
File # 360-20
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 19, 2001
SUBJECT: Landscaping and Lighting Maintenance Assessment District 86-1
(Dougherty Road): Preliminary Engineer's Report
Report Prepared by: Lee Thompson, Public Works Director
ATTACHMENTS: 1 ) Resolution Approving Preliminary Engineer's Report
2) Resolution Appointing Time and Place of Hearing Protests of
Proposed Assessments (August 7, 2001)
3) Preliminary Engineer's Report (Assessment Diagram to be
posted at City Council meeting)
RECOMMENDATION: {/C~ Adopt resolutions.
FINANCIAL STATEMENT:
2001-2002 Sources and Use of Landscape Maintenance District Funds
Revenues:
Total Proposed Assessments Levied.' $85,111.96
Estimated Interest on Reserves: $ 2,086.00
Estimated Prior Year Collections and Penalties $ 329. O0
Less Estimated Collection Cost and Delinquency $(2,298.00)
Net Total Revenues: $85,228.96
Expenditures:
Contract Landscape Maintenance: $52,13L O0
Utilities: $29,910.00
Administration and Engineering Reports: $ 3,279.00
Total Operating Expenses: $85,320. O0
As shown above, $85,11L96 is proposed to be assessed to property owners for the 2001-02 street
landscaping maintenance costs. The amount proposed to be assessed to property. owners {$130.64 per
single fami.ly home and $65.32 per multi-family dwe!linl} represents a 54% increase from the
assessment amount levied durinl~ 2000-01.
COPIES TO:
ITEM NO. ~~ ~
g:~assessdist\86-1\agstpre
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 sotmdwalls, 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.
For Fiscal Year 2001-02, Staff is not proposing a change with respect to the method of deterrnining the
assessments. The District boundary remains the same as last year. The assessment to the property owners
however, is proposed to be $130.64 per single-family home and $65.32 per multi-family dwelling unit.
This is an increase of 54% over the prior year's assessment.
When this assessment district was originally formed in 1986, the assessment was set at $120 per single
family lot and $60 per multi-family lot based on an engineering estimate of maintenance cost for planned
landscaping improvements. A substantial reserve built up over the next several years, as some of the
anticipated improvements were not accepted for maintenance. Under the Landscaping and Lighting Act of
1972, the allowable reserve for an assessment district is about half the annual maintenance cost, and in
1991-92, the assessment was reduced to $78.48 per single family lot and $39.24 per multi-family lot in
order to utilize some of the reserve. Slight increases occurred in 1992-93 and 1993-94, but the assessment
has not been increased above $84.72 per single family lot and $42.36 per multi-family lot since that time.
The total assessment amount since 1993-94 has been $55,195. The estimated cost of maintenance for
1993-94 was $69,620 and has increased about 19% over seven years to the 2001-02 estimate of $82,820.
Without an increase in assessment, the cash balance for this District would be expected to drop to about
$13,000 by the end of 2001-02. In the past, reserves have been used to defray the cost of unexpected
expenses such as major irrigation repairs or plant replacements following a drought or freeze. Staff is
concerned that, should such an event occur, there would be insufficient ftmds to effect a repair. If the
assessment is not raised at this time, the Assessment District will experience a significant deficit in Fiscal
Year 2002-2003, which will increase in subsequent years. This will result in a significant reduction in the
levels of maintenance in Fiscal Year 2002-03 and beyond.
Under Proposition 218, proposed increases in assessment must be subjected to a vote of the property
owners, and notice of the proposed increase, along with the ballots, must be mailed to the property owners
at least 45 days prior to the public hearing date. Two public meetings are required prior to levy of
assessments; a "public meeting" which would be scheduled for the City Council meeting of July 17th, at
which testimony would be heard but no action taken, and the public hearing which is scheduled for August
7th, at which time the ballots would be tabulated. Staff is proposing to also schedule an informal meeting
with the property owners in early July to discuss the proposed increase.
Should the vote be negative with regard to the proposed increase, the assessment would remain the same
as in prior years, with the consequence as noted above that the level of service may need to be reduced.
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It is further proposed to add an escalation clause to the Engineer's Report that would allow increases in
future years based on the Consumer Price Index rate of increase and actual increases in utility costs.
Similar clauses were included in two of the newer Districts, the Santa Rita Landscape Maintenance District
and the Dublin Ranch Street Light Maintenance District.
Staff recommends that the City Council adopt the resolutions approving the preliminary Engineer's Report
and setting a public meeting date of July 17, 2001, and a public hearing date of August 7, 2001, for the
purpose of hearing protests to the proposed assessmere.
Page 3
RESOLUTION NO. -01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PRELIMINARY ENGINEER'S REPORT,
CONFIRMING DIAGRAM AND ASSESSMENT
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1
(TRACT 5511)
WHEREAS, by its Resolution No. 37-01, 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 Engineer of Work has made and filed with the City Clerk a preliminary
report in writing as called for in said Resolution No. 37-01 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 of the itemized and total costs and 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 and confirmed;
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 and confirmed;
c) That 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, t~om said maintenance, and
of the expenses incidental thereto, as comained in said report be, and they are hereby preliminarily
approved and confirmed.
PASSED, APPROVED AND ADOPTED this 19th day of June, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
RESOLUTION NO. -01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
A RESOLUTION OF INTENTION TO LEVY ASSESSMENTS
FOR FISCAL YEAR 2001-2002,
PRELIMINARILY APPROVING ENGINEER'S REPORT, PROVIDING FOR NOTICE OF
HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO
WHEREAS, this Council adopted Resolution No. 37-01, A Resolution Directing Preparation of Annual
Report For the City of Dublin, Landscaping and Lighting Maintenance Assessment District 86-1 (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.
THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLVES as follows:
1. The Engineer's Report is hereby deemed sufficient and 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 2001-
2002. 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 the 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 meeting shall be held on Tuesday, July 17, 2001, at 7:00
p.m., and a public hearing shall be held on Tuesday, August 7, 2001 at 7:00 p.m., before this Council in the regular
meeting place thereof, 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 given when so deposited in
such mail. The envelope or cover of the mailing shall include the name of the City and the return address of the City
Clerk as the 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 persons 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 the 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 19th day of June, 2001.
AYES:
NOES:
ABSENT
Mayor
ATTEST:
City Clerk
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CITY OF DUBLIN
LANDSCAPING AND LIGHTING DISTRICT NO. 1986-1
(TRACT 5511)
FISCAL YEAR 2001-2002
ENGINEER'S REPORT
CONTENTS
1. Assessment: Including Scope of Work, Estimate of Costs, Assessment Roll, and
Method of Apportioning.
2. Assessment Diagram
ASSESSMENT
WHEREAS, on March 20, 2001, 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 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.
ESTIMATE OF COSTS
(1) (2) (3)
As Preliminarily As Finally
As Filed Approved Approved
Cost of Maintenance $82,041. O0
Capital Improvement Project $0.00
Incidental Expenses $46,692. 96
TOTAL COST $128,733.96
Estimated 2001-02 Interest Income Applied
to 2001-02 Operating Costs ($2, 086. 00)
Prior Year Collections &Penalties ($329. 00)
Estimated Surplus ~'om 2000-01 Fiscal Year ($41,207. 00)
NET TO BE ASSESSED FOR FISCAL
YEAR 2001-2002 $85,111.96
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.
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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.
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 maps on file and of record in the office of the
County Recorder of said County.
Dated: June 19, 2001 ,.
Engine
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SCOPE OF WORK
The following areas are to be maintained by this Maintenance Assessment District:
1) The median and roadside landscaping along the north side of the street for the eraire length of
Willow Creek Drive.
2) 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.
3) 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.
4) Roadside landscaping, fence, and pathway improvements along the west side of Wildwood Road.
5) Roadside landscaping, fence, wall, and pathway improvements along the west side of Dougherty
Road and the south side of Amador Valley Boulevard adjacent to Lot 150.
6) Roadside landscaping, fence, and pathway improvements along the west and north sides of Fall
Creek Road.
7) Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within
the street right-of-way.
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ENGINEER'S COST ESTIMATE
FISCAL YEAR 2001-2002
The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2001-02
is as follows:
Maintenance
(1) Weeding, fertilizing, pnming, plant
replacement, irrigation system: $52, 131. O0
(2) Utilities: $29,910.00
$82,041.00
Incidentals
(1) Administration $134. O0
(2) Engineer's Report and Proceedings $3,145. O0
(3) Cost of County Collection (1.7%) $1,446.90
(4) Delinquencies (1%) $851.12
(5) Comingencies/Reserve $41,115. 94
$46,692.96
TOTAL: $128,733.96
ASSESSMENT ROLL
Amount of Assessment for
Assessment and Lot Number Property Owners Lots/Units 2001-2002 Tax Year
Per Unit Total
Lots 1 - 145 (Village VI) Individual Owners 145 lots $130.64 $18,942.80
Lot 150 (Village I) Unknown 56 units $65.32 $3,657.92
Lot 151 (Commercial Comer) Unknown 4 units $130.64 $522.56
Lot 149 (Village II) Individual Owners 248 units $65.32 $16,199.36
Lot 148 (Village III) Individual Owners 224 units $65.32 $14,631.68
Lot 146A (Village IV) Individual Owners 135 units $65.32 $8,818.20
Lot 146B (Village V) Unknown 204 units $65.32 $13,325.28
Lots 152-177 (Village VII) Individual Owners 138 units $65.32 $9,014.16
$85,111.96
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:
Assume 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)
ASSESSMENT SUBJECT TO INDEX INCREASE $55,410
INDEX INCREASE (ASSUMED 1%) 55,410 x .01 = 554 $554
ENERGY COST $29,910
5% UTILITY RATE INCREASE 29,910 x.05 = 1,495 $1,495
NEW TOTAL MAINTENANCE COST $87,369
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METHOD OF APPORTIONING
Each single family lot shah be assigned a benefit unit of one (1), each multifamily unit assigned a benefit
unit of one-half(I/2), the commercial lot shah 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: 1,150 651.5 100.00
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CITY OF DUBLIN
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1
CERTIFICATIONS
HSCAL YEAR 2001-2002
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
fried with me on June 19, 2001.
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. -01 duly adopted by said Council on June 19, 2001.
I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Assessmere, with the
diagram thereto attached, was finally approved and confirmed by the City Council of said City by its
Resolution No. -01, duly adopted by said Council on August 7, 2001.
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, Califomia, on
August 10, 2001.
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