HomeMy WebLinkAbout6.2 MAD 86-1 PubHrNo Tsmny CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: July 26, 1993
SUBJECT: Public Hearing: Landscaping and Lighting District No. 86-1
(Villages at Willow Creek)
Report by: Public Works Director Lee Thompson
EXHIBITS ATTACHED: 1) /Copy of notice sent to property owners (including
newsletter)
2) / List of protests received. (Actual protests submitted to be
available for review at City Council meeting.)
3)
/Engineer's Report
4) /Resolution approving engineer's report,,confirming
diagram and assessment, and ordering:levy of assessment.
5) Assessment diagram to be available at meeting
RECOMMENDATION: _ 1) Open public hearing
-. V� 2) Receive Staff report and public comment
3) Question Staff and the public
4) Continue public hearing to meeting of August 9, 1993
FINANCIAL STATEMENT: The 1993-94 assessment is proposed to be$84.72 per single-
family lot and $42.36 per condominium/townhouse lot. The
City's costs for maintaining landscaping within District
boundaries are reimbursed by the District.
DESCRIPTION: As part of the review and approval of the 145-unit single family
development (Ridgecreek) and the other, multi-family Villages, certain landscaping maintenance was
made a condition of approval. This assessment district was formed for the purpose of providing that
landscape maintenance as an alternative to providing the maintenance through a homeowners'
association. The City Council approved formation of the District on November 10, 1986, with the
initial assessment in Fiscal Year 1987-88.
Scope of Work
The scope of work for this assessment district includes maintenance of common landscaping
improvements within and adjacent to the Villages at Willow Creek Development. Landscaping is
located on the west side of Dougherty Road from south of Amador Valley Boulevard to the northerly
City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along the west
side of Wildwood Road and Fall Creek Road, on Willow Creek Drive, and certain landscaped areas
within the Ridgecreek (single-family) development. The work performed includes bedding
maintenance and pruning, irrigation systems, right-of-way fencing, walls, and entrance signs and trash
removal. The District's boundaries include all of Tract 5511.
Not included in the scope of work for the assessment district are park maintenance (funded by the
City), creek right-of-way maintenance (has been performed and funded by the developer and is now
being taken over by Zone 7 Flood Control), and maintenance of landscaping improvements within
apartment or townhouse developments (performed and funded by individual homeowners' associations
or property owners).
New Assessment District Regulations
State Law previously required that one annual public hearing be held for 1972 Act Lighting and
Landscaping Assessment Districts, and that a 10-day notice of the hearing be published in a local
newspaper and posted in the City's three posting places. Staff has typically exceeded those
requirements by mailing a notice and newsletter to the property owners approximately two weeks
ITEM NO. 6.2 COPIES TO: :,•.
CITY CLERK
FILE L I3 16I0 E a
}:,
prior to the hearing date. The State's noticing and hearing requirements changed in 1993 to require
that 45-day notices be mailed to all property owners affected by the assessment district, and that two
public hearings be held. The first public hearing is for the purpose of taking testimony only; no
action is to be taken by the City Council until the second public hearing.
Protests Received _
In accordance with State Law, Staff mailed notices to property owners in this District on Thursday,
June 24, 1993.
As of the date of writing this Staff Report, 19 protests had been received. Staff estimates that the area
of property owned by those protesting is approximately 2% of the total assessable property area in this
assessment district. State Law provides that a protest consisting of owners of over 50% of the land
area of assessable property would cause automatic abandonment of the assessment for 1993-94.
Proposed Assessment
This year's assessment is proposed to be $84.72 per single-family lot and $42.36 per multi-family lot.
This is approximately 2.8% higher than last year's assessment. The increase is due to increases in
utility costs, primarily water. This assessment is artifically low, as Staff is again proposing to use a
portion of the reserve fund (approximately $10,000) to offset the higher actual District cost.
Recommendation
Staff recommends that the City Council open the public hearing, receive Staff's presentation, take
testimony from Staff and the public, and continue the public hearing to the meeting of August 9,
1993. At the August 9th meeting, the Council will be requested to take any additional testimony and
then to act upon the Engineer's Report for the 1993-94 fiscal year.
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NOTICE OF ASSESSMENT
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1
(VILLAGES AT WILLOW CREEK)
This assessment district funds the maintenance of landscaping improvements along Dougherty Road,
Amador Valley Boulevard, Wildwood Road, Fall Creek Road, and Willow Creek Drive. The district was
formed as an alternative to utilizing a homeowner's association to maintain the landscaping. The
activities funded by this assessment district include irrigation maintenance(including utility costs),
weeding, pruning, fertilizing, fence and wall maintenance, and other activities associated with
maintenance of landscapes.
The assessment for this district is spread among the property owners within the Villages at Willow Creek
and the small commercial lot on the corner of Amador Valley Boulevard and Dougherty Road. Owners
of condominium lots are assessed at 50% of the amount of the single-family lot assessment.
The assessment for the 1993-94 tax year is proposed to be as follows:
Single-family lots: $ 84.72 per lot
Condominium lots: $ 42.36 per unit
Commercial corner: $338.88 total
If you have any questions regarding the proposed assessment or the maintenance activities which take
place in this assessment district, please feel free to call the Public Works Department at 833-6630.
ENGINEER'S REPORT
Copies of the Preliminary Engineer's Report for this assessment district are available at the City Offices,
100 Civic Plaza, Dublin, California 94568. The Engineer's Report explains the scope of work, a
breakdown of the costs that are proposed to be paid by the assessment district, and the method of
proportioning the assessments between the single-family, apartment/condominium, and commercial lots.
PUBLIC HEARINGS
Two public hearings will be held for the purpose of hearing protests regarding this assessment. At the
first hearing, on July 26, 1993, the City Council will take testimony from the public. At the second
hearing, on August 9, 1993, the City Council will again take testimony and then consider and act upon
the Engineer's Reports. The public hearings will be held at regular City Council meetings, which begin
at 7:30 p.m. These meetings will be held in the Council Chambers of the Dublin Civic Center, 100
Civic Plaza, Dublin.
PROTESTS
If you wish to protest this assessment, your protest must be made in writing and must be sent to the City
of Dublin, 100 Civic Plaza, Dublin, California 94568. Protests must be received no later than the close
of the second public hearing as listed above. Your protest should include both the street address of the
property and the assessor's parcel number(APN)of the property. The APN is shown on the mailing
label for this notice. You may use the form below and/or write a letter which includes the information on
the form. The Landscaping and Lighting Act of 1972 provides that a majority protest, which would
consist of property owners of over 50% of the land area of the property being assessed, would cause the
abandonment of the assessment.
PROTEST-Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek)
I/we, , protest the assessment under Landscaping and
Lighting Maintenance Assessment District#86-1 proposed to be levied on the property assigned Parcel
Number - -_-_, located at in the City of Dublin.
(address)
I am/we are owner(s) of the above parcel:
(signature) (signature)
If you are not listed as owner(s)on the last equalized roll,you must provide written evidence with this protest that you are owner(s)of the property and world
be liable to pay the proposed assessment.
OUrleff.€ idel ESL (Be,
• VILLAGES AT WILLOW CREEK
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
NEWSLETTER
FACTS ABOUT THE ASSESSMENT DISTRICT
This assessment district was formed in 1986 for the purpose of maintaining certain landscaping
improvements within the Villages at Willow Creek development. The following areas are being
maintained by the City at the present time:
1. The median and roadside landscaping along the north side of the street for the entire
length of Willow Creek Drive.
2. Roadside landscaping along Shady 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.
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.
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.
STREET LANDSCAPES
We have experienced a beetle problem on some of the ground cover, which is now under control with
spraying.
Water availability has been much better than it was a year ago at this time. However, the cost of
water to the City has continued to rise. The rates increased approximately 9% in January of 1993,
and we are expecting another increase in January of 1994. The City's maintenance department is very
appreciative of those residents of the district who called during the past year to notify us of broken
sprinklers and other problems both in and outside of the district. Please continue to let us know when
you see broken sprinkler, fallen tree, or any other landscape or irrigation problem.
PROPOSED ASSESSMENTS
The assessment for 1993-94 is proposed to be increased by about 2.8% over the 1992-93 assessment.
The total district maintenance and utility costs are estimated at$69,620 for Fiscal Year 1993-94, and
the total assessment is proposed to be$55,195. The assessment is still artificially low due to the use
of reserves that were developed in the early years of the district,plus the use of interest collected on
these reserves. The proposed individual assessments are shown on the reverse side of this notice.
PARK IMPROVEMENTS
The cost of park improvements and maintenance is paid by the City and not charged to the assessment
district.
The City's park masterplans include a number of improvements for the Dougherty Hills Park(the
"hill" to the west of the Villages). To date, trails have been cut to allow hiking on the hill. Proposed
future projects could provide a parking area along Amador Valley Boulevard, day camp and picnic
facilities, restrooms, and naturalized landscaping. Due to the City's present budget constraints, the
Five Year Capital Improvement Program currently lists any future plans or improvements for this area
as unfunded.
If you have any questions about the proposed assessment or maintenance activities in this assessment
district, or would like to report an irrigation problem which needs attention,please call the City's
Public Works Department at 833-6630.
• PROTESTS RECEIVED - VILLAGES LANDSCAPING & LIGHTING ASSESSMENT
DISTRICT 86-1
As of: July 20, 1993
Name Address APN
Abad 7992 Crossridge Road 941-2784-031-00
Alviso 7812 Shady Creek Road 941-2783-079-00
Angerman 7621 Tuscany Drive 941-2792-042-00
Bias 7442 Oxford Circle 941-2788-143-00
Bradford 6411 Dijon Way 941-2792-021-00
Cecaci 7885 Shady Creek Rd. 941-2784-004
Dela Cruz 6520 Nottingham Place 941-2788-074
Lange 7537 Oxford Circle 941-2788-088
Larsen 7445 Oxford Circle 941-2788-175
Martini 7476 Oxford Circle 941-2788-112-00
Myers 7611 Quail Creek Circle 941-2783-063
Osterloh 7730 Chantilly Drive 941-2792-077-00
Pantazis 7707 Chantilly Drive 941-2792-055-00
Salerno 7615 Shady Creek Rd. 941-2783-064-01
Soon/Lee 7635 Quail Creek Circle 941-2783-062-00
Steffen 7532 Oxford Circle 941-2788-049-00
Ulaski 7736 Chantilly Drive 941-2792-083-00
Utpadel 7449 Oxford Circle 941-2788-177-00
Wong 7714 Chantilly Drive 941-2792-070-00
ZOTIE5rUST
CITY OF DUBLIN
LANDSCAPING AND LIGHTING DISTRICT NO. 1986-1
(TRACT 5511)
FISCAL YEAR 1993-94
ENGINEER'S REPORT
CONTENTS
1. Assessment: Including Scope of Work, Estimate of Costs, Assessment Roll,
and Method of Apportioning.
2. Assessment Diagram
•
3
ASSESSMENT
WHEREAS, on January 25, 1993, 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.
ESTIMATE OF COSTS
(1) (2) (3)
As Filed As Preliminarily As Finally
Approved Approved
Cost of Maintenance $ 69,620.00 $ 69,620.00
• Incidental Expenses $ 113,371.08 113.371.08
TOTAL COST: $ 182,991.08 $ 182,991.08
Estimated 1993-94
Interest Income Applied
to 1993-94 Operating
Costs: $ (5,360.00) $ (5,360.00)
Est. Surplus from
1992-93 Fiscal Year $ (119,536.00) $ (119,536.00)
Income from Other
Sources $ (2,900.00) $ (2,900.00)
NET TO BE ASSESSED FOR
FISCAL YEAR 1993-94 $ 55,195.08 $ 55,195.08
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 1993-
94 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: May 24, 1993
City Engineer
3
f
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 entire 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.
4
ENGINEER'S COST ESTIMATE
FISCAL YEAR 1993-94
The estimated cost for the maintenance of improvements described in this Report for Fiscal Year
1993-94 is as follows:
Maintenance
1. Weeding, fertilizing, pruning, plant
replacement, irrigation system: $ 48,600.00
2. Utilities: 21,020.00
$ 69,620.00
Incidentals
1. Engineer's Report and proceedings: $ 1,228.00
2. Cost of Collection (County of Alameda): 938.32
3. Delinquencies: 1,656.76
4. Contingencies/Reserve: 109,548.00
$113,371.08
TOTAL: $182,991.08
5
• ASSESSMENT ROLL
Amount of Assessment
Assessment & Lot No. Property Owners 1993-94 Tax Year
Lots 1-145 (Village VI) Unknown 145 lots $84.72/lot = $12,284.40
Lot 150 (Village I) Unknown 56 units $42.36/unit = 2,372.16
Lot 151 (Comm'l. Corner) Unknown 4 units $84.72/unit = 338.88
Lot 149 (Village II) Unknown 248 units $42.36/unit = 10,505.28
Lot 148 (Village III) Unknown 224 units $42.36/unit = 9,488.64
Lot 146A (Village IV) Unknown 135 units $42.36/unit = 5,718.60
Lot 146B (Village V) Unknown 204 units $42.36/unit = 8,641.44
Lots 152-177 (Vill. VII) Unknown 138 units $42.36/unit = 5,845.68
$55,195.08
6
METHOD OF APPORTIONING
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
Lots 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
7
•
CITY OF DUBLIN
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1
CERTIFICATIONS
FISCAL YEAR 1993-94
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 May 24, 1993. f7,
I, the City Clerk of the City of Dublin, California, hereby ce 'fy 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. 64-93 duly adopted by said Council on ►_.y 24, 1993.
I, the City Clerk of the City of Dublin, California, hereby c-rtify 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. -93, duly adopted by said Council on August 9, 1993.
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 , 1993.
8
RESOLUTION NO. -93
A RESOLUTION OF'DIE 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. 22-93, 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 26, 1993 and August 9, 1993, at 7:30 p.m. in the Council Chambers, Dublin
Civic Center, 100 Civic Plaza, Dublin, California, were 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;
(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 9th day of August, 1993.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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