HomeMy WebLinkAboutItem 6.4 LandLight Dist 86-1
CITY CLERK
File # D~IlðJ[Q-~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 19, 2005
Public Hearing: Landscaping and Lighting District No. 86-1
(Villages at Willow Creek)
Report Prepared by: Melissa Morton, Public Works Director
SUB,JECT:
A TT ACHMENTS:
RECOMMENDATION: 1)
/7 A 1>- 2)
"'f/v' 3)
4)
5)
FINANCIAL STATEMENT:
1)
Resolution approving engineer's report, confirming diagram
and assessment, and ordering levy of assessment
Engineer's Report and Assessment Diagram
Newsletter
2)
3)
Open public hearing
Receive Staff Report
Receive public comment
Close public hearing and deliberate
Adopt resolution approving engineer's report, confirming
diagram and assessment, and ordering levy of assessment
2005-2006 Sources and U~'e of Landçcape Maintenance District Funds
Revenues:
Total Amount Proposed to be Assessed:
Estimated Interest Revenue:
Estimated Prior Year Collections and Penalties:
Le~'s Estimated Collection and Delinquency Cost:
Net Total Revenues:
$92,666
$ 1,587
$ 541
($2.038)
$92,756
Expenditures:
Contract Landi-cape Maintenance:
Utilities:
Fence Painting Capital Improvement Project:
Administration and Engineering:
Total Operating Expenses:
$42,924
$31,685
$32,920
$ 1.350
$108,879
As shown above, $92,666 is proposed to be assessed to property owners for the 2005-
2006 street landscaping maintenance costs. The individual assessments are calculated
at $142.22 per single-family home and $71.12 per multi-family parcel. This is a 2.4%
increase above the 2004-05 assessment, which is commensurate with the Consumer
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Price Index (CPI) rate of increase for April 2005 and is allowed under the terms of the
Engineer's Report that was approved in 2001. Including the cost of the fence painting
Capital Improvement Projcct, the budgeted cost of maintenance exceeds the projceted
income for the District; therefore, approximately $16,123 of the District reserve will
be used to offset the cost of maintenance. The cash balance at the end of 2005-2006 is
estimated at $41,374.
DESCRIPTION: This maintenance assessment district was formed in 1986 as part of
the rcview 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 VaHey Boulcvard 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
thc 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 2001-2002, 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. Property owners also approved an escalation clause
for future years that a1Jows 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 CPI rate of increase.
The latest CPI information available prior to development of the budget (April 2005, Bay Area Urban Wage
Earners) indicated that the rate of increase is 2.4%; therefore, the proposed assessment for 2005-2006 has
been increased by approximately 2.4%, ftom $90,492 to $92,664. There are no changes in the District
boundary or the method of calculating the spread of assessments.
A portion of the reserve in this District has been allocated in the Capital Improvement Program for 2005-
2006 to paint approximately half of the wrought iron fence along Fall Creek and Wildwood Roads. At this
time, it appears that the reserve will not be sufficient to paint the balance of the fence the following fiscal
year. Staff is therefore proposing to identifY and paint the portions of the fence that need the most work,
allowing for the aesthetic consideration that the new and existing paint colors may appear somewhat
different. The balance of the painting could be accomplished in a future year when the level of the reserve
has increased again.
Staff mailed a newsletter to property owners (Attachment 3), along with a copy of the public hearing notice,
and sehcduled an informationa1 meeting for the evening of June 30th to answer questions and discuss any
issues related to maintenance activities or the proposed assessment. No property owners attended the
meeting, and as of the date of writing this Staff Report, no calls had been received at the City offices
regarding this District.
Staff recommends 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 2ðb 2-
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RESOLUTION NO. -OS
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. 037-05, a Rcsolution Directing Preparation of Annual Report for City
of Dublin Landscaping and Lighting Maintenance Asscssmcnt District No. 86-1 (the "District"), this Council
designated the City Engineer as Engineer of Work and ordcred 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 filcd with the City Clerk and duly considered by this Council and
found to be sufficient in every particular, whcrcupon it was detcnnined that said report should stand as Engineer's
Report for an subsequent procecdings undcr and pursuant to the aforesaid Resolution and that July 19, 2005, at
7:00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as thc
time and place for a hearing by thc Council on the question of the levy of the proposed assessment, notice of which
hearing was mailed, publishcd and posted in accordance with Government Code Section 54954.6; and
WHEREAS. at the appointed time and place, said hearings were hcld, and all persons interested desiring
to bc heard were given an opportunity to be heard, and an matters pertaining to said levy werc heard and
considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of
diagram and assessment preparcd by and madc a part of the report of said engineer to pay the cost and expcnses
thcrcof;
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 thc
District had not, at the conclusion of said hcaring, 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 intcrcst, conveniencc, and necessity require that said levy be made;
(c) Thc District benefited by said improvements and to be assessed to pay the costs and expenses
thereof, and thc cxterior 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 19th day of July, 2005.
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
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CITY OF DUBLIN
LANDSCAPING AND LIGHTING DISTRICT NO. 1986-1
(TRACT 5511)
FISCAL YEAR 2005-2006
ENGINEER'S REPORT
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TABLE OF CONTENTS
1 ENGINEER'S LETTER.......~..........................................................................3
2 ESTIMA TE OF COSTS................................................................................ 5
3 METHOD OF APPORTIONMENT............................................................. 6
4 PARCEL LISTING ..........."'........................................................................... 7
5 CERTIFICATIONS................................................................................~........... 8
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1 ENGINEER'S LETTER
WHEREAS, on March 15, 2005, 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 IlSsessment 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.
Summarv of Assessment
(1) (2) (3)
As Filed As As Final1y
Preliminarily Approved
Approved
Cost of Maintenance $ 74, 609 $74,609
Capital Improvement Project $32,920 $32,920
Incidental Expenses $44,677 $44,677
TOTAL COSTS $152,206 $152,206
Estimated 2005-06 Interest Income ($1,587) ($1,587)
Applied to 2005-06 Operating Costs .
Prior Year Collections & Penalties ($541) ($54/)
Estimated Surplus fÌ"om 2004-05 Fiscal ($57,412) ($57,412)
Year
SUB-TOTAL ($59,540) ($59,540)
NET TO BE ASSESSED FOR FISCAL $92,666 $92,666
YEAR 2005-2006
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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 ofland
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 ITom 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 ITOm 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, aU 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-or-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
2005/06 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 or the County Recorder of said County. d .
Dated: 7¥6 YJ:!2L,~¿ .~
f Meli A. Morton
Public Works Director
~
2 EST1MATE OF COSTS
The estimated cost for the maintenance of improvements described in tlûs Report for Fiscal Year
2005·06 is as follows:
ESTIMATE OF COSTS
Maintenance
Landscaping and Street Tree Maintenance $42,924
Capital Improvement Project $32,920
Utilities: $31.685
$107,529
IncidentaJs
Engineer's Report and Proceedings $1,350
County of Alameda Collection Costs @ 1.7% $1,575
Delinquencies @ 0.5% $463
Contingencies/Reserve $41.289
$44,677
TOTAL: $152,206
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3
METHOD OF APPORTIONMENT
Each single family lot shaU be assigned a benefit unit of one (1), each multifamily unit assigned a
benefit unit of one-half (II2), the commercial lot shall have a benefit unit offour (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 Living Units Benefit % of Total Assessment
Units
Lot 150 Village I 56 28 4.3
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 ViHage VI 145 145 22.26
Lots 152-177 ViHage VII 138 69 10.59
Lot 151 Commercial 0 4 0.61
Lots A - D Open Space 0 0 0
Total: 11 SO 651.5 100
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 thc City Council, shan be used to replace the Bay Area Urban Wage
Earner Price Index.
SAMPLE CALCULATION
MAINTENANCE COST FOR FISCAL YEAR 2004-05 $123 155
LESS UTILITY COST !SUBJECT TO RATE INCREASE ONLY) !l;t32 387)
$90.768
ASSESSMENT SUBJECT TO INDEX INCREASE $90,768
INDEX INCREASE (ASSUMED 2.4%) 90, 768 X .024=1,906 $2179
$92.947
UTILITY COST $32 387
ASSUME UTILITY RATE INCREASE IS 2.4% 32387 X .024 = $777
$33.164
NEW TOTAL MAINTENANCE COST $126,111
EFFECTIVE RATE INCREASE: ({ 25 061-123155)/123,155) 2.4%
4
PARCEL liSTING
Assessment & Lot Property Number Assessment 2005-06
Number Owners of Units per Unit TotaJ
Assessment
Lot 150 (ViUage I) Individual 56 $71.12 $3,982.72
Owners
Lot 149 (ViHage II) Individual 248 $71.12 $17,637.76
Owners
Lot 148 (ViHagelll) Individual 224 $7Ll2 $15,930.88
Owners
Lot 146A (ViHage IV) Individual 135 $7Ll2 $9,601.20
Owners
Lot 146B (Village V) Individual 204 $7Ll2 $14,508.48
Owners
Lots 1 - 145 (ViHage Individual 145 $142.22 $20,621.90
VI) Owners
Lots 152-177 (Village Individual 138 $71.12 $9,814.56
VII) Owners
Lot 151 (Commercial) Unknown 4 $142.22 $568.88
Lots A - D Open Space Unknown 0 $0.00 $0.00
District Total: 1,154 N/A $92,666.38
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CERTIFICATIONS
I, the City Clerk of the City of Dublin, California, hereby certity that the foregoing Engineer's
Report, including Assessment, in the amounts set forth in Column (I), with the diagram thereto
attached, was filed with me on June 21,2005.
I, the City Clerk of the City of Dublin, California, hereby certity that the foregoing Assessment,
with the diagram thereto attached, was preliminarily approved and confirmed by the City Council
of said City by its Resolution No. 123-05, duly adopted by said Council on June 21,2005.
I, the City Clerk of the City of Dublin, California, hereby certifY that the foregoing Assessment,
with the diagram thereto attached, was finally approved and confirmed by the City Council of said
City by its Resolution No. -05, duly adopted by said Council on July 19,2005.
I, the City Clerk of the City of Dublin, California, hereby certity that a certified copy of the
Assessment was filed in the office of the County Auditor of the County of Alameda, California, on
August 10,2005.
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VILLAGES AT WILLOW CREEK
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
NEWSLETTER
July 2006
FACTS ABOUT THE ASSESSMENT DISTRICT
While the City pays the cost of maintaining the median landscaping through i!$ General Fund for all of the major
arterial streets, street-side landscaping that is installed in conjunction with residential or commercial development
is maintained e~her privately by a property owners' association, or by the City and funded through an
assessment district.
This Assessment District was formed in 1986 to maintain certain landscaping Improvemen!$ within the Villages
at Willow Craek development. The following areas are being maintained by the City:
· The median and roadside landscaping alOl\g the north side of the street for the entire length of Willow
Creek Drive.
· Roadside landscaping along Shedy Creek Drive within Lots 1, 2, 3, 4. 5, 6, 15, 16,37,38, south of Lot
145, and at the northerly end of Crossridge Road, all within Tract 5511.
· Roadside landscaping, wall, fence, and pathway improvemenI$ along the west side of Dougherty Road
between Amador Valley Boulevard and the northerly City Llm~ line, and along the north side of Amador
Valley Boulevard between Dougherty Road and Wildwood Road.
· Roadside landscaping, fence, and pathway improvements along the west side of Wildwood Road.
· 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.
· Roadside landscaping, fence, and pathway improvements along the west and north sides of Fall Creek
Road.
other common landscaping Improvements not included in the assessment district's scope of work are
maintained by the homeowners' associations of Individual Villages. Landscaping within the Alamo Creek area Is
maintained by the Alameda County Flood Control District, Zone 7. The cost of park improvements and park
maintenance. including the Alamo Craek Trail, is paid by the City and not charged to the assessment district.
PROPOSEDASSES8MENT
The Engineer's Report which was approved by vote of property owners in 2001 allowed for an Increase in the
annual assessment in order to continue maintenance of the District landscaping at the current level. The
approval also Included an escalation clause that allows an annual Increase In maintenance cost based on the
Consumer Price Index (Bay Area Urban Wage Eamers) rate of Inflation, as well as any actual Increases in the
cost of utilities.
The Consumer Price Index rate of Increase aa of April 2005 was at 2.4%. Therefore, a 2.4% Increase has bean
applied, and the propoaed asaessment for the 2005-2006 Fiscal year la as follows:
Per single family lot:
Per multl-family unit or townhouse
$142.22
$ 71.12
($3.33 Increase)
($1.67 Increase)
The funds collected through assessmen!$ are accounted. for separately from other City funds. These funda can
only be used for specified expenses within the boundaries of the Assessment District.
PUBLIC HEARING
The City Is required to notify property owners each year regarding a required public hearing for the Assessment
District. State Law requires that this notice be given by means of a notice printed In a local newspaper and
posted in official City posting locations. A copy of the public hearing notice is included with this newsletter as a
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courtesy. The public hearing regarding the 2005·2006 assessment will be held at the regular City Council
meeting of July 19, 2005. The meeting begins at 1:00 p.m. In the Council Chambers of the Dublin Civic Center.
~ City staff has scheduled an informational meeting prior to the Public Hearing in order to provide an
opportunity to answer questions and address concerns in an informal setting. Tha informationat meeting
witt be held in the Regionat Meeting Room of the Civic Center, 100 Civic Plaza, on June 30. 2006 at fi1!l
IMI1.
DISTRICT ACTIVITIES
The City will continue to utilize TruGreen LandCare as its primary maintenance contractor In this District. MCE
Corporation will provide some supervision and Irrigation repair services as needed to supplant TruGreen's work.
The District budget for 2004-05 is proposed to be as follows:
Revenues:
Totat Amount Proposed to be Assessed:
Estimated Interest Revenue:
Estimated Prtor Year Co/Jectionsand Penalties
Less Estimeted Collection and Delinquency Cost:
Net Totet Revenues:
$92,666
$ 1,581
$ 641
($2.0381
$92,766
Expenditures:
Contract Landscape Matntenance:
Utititíes:
Fence Painting Capital tmprovement Project
Administration and Engineeting:
Total Operating Expenses:
$42,924
$31,686
$32,920
S 1.360
$108,819
Proposed expenditures Include repainting a portion of the wrought iron fence along Wildwood and Fall Creek
Roads. A portion of the District reserve is being used for this work; as noted above, the projected expenditures
exceed projected revenues by $16,123. It is important to maintain a reserve balance in District funds for the
following reasons:
(1) The City does not receive income from an assessment until midway through a fiscal year. The reserve
therefore provides operating capital for the District until the funds are received from the assessor's office.
(2) In the event of an unforeseen emergency, such as a major Irrigation break or a catastrophic freeze, the
reserve provides funds for repairs or plant replacements.
During Fiscal Year 2004.(16, additional planting improvements were Installed, as well as replacement of the
annual flowers at Willow Creek and Dougherty Road.
REPORTING VANDALISM AND MAINTENANCE PROBLEMS
The City's policy Is to repair vandalism damage and eradicate graffiti as soon as we become aware of it. If you
notice vandalism occurring or are able to provide a description of vandals, please contact Dublin Police Services
at 462-1212. If you notice damage or graffiti that has already occurred, or if you notice broken sprinklers or other
types of maintenance problems, please call the Public Works Department at 633-6630. We appreciate your
help!
If you have any questions about the proposed assessment or maintenance activities in this assessment district.
please call the City's Public Works Department at 833-6630.