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HomeMy WebLinkAbout6.5 AD 99-1 DublinRanch CITY CLERK File # i-~[~' ,~, AGENDA STATEMENT CITY COUNCIL MEE~iNG'D~ii~',ii JlUiY~ 2o',''i'999 SUBJECT: Public Heating: Formation of Street Lighting Maintenance ' Assessment District 99-1 (Dublin Ranch) and Levy of Assessments Report Prepared by: Lee S. Thompson, Public Works Director ATTACttMENTS ~ l) Resolution Ordering ImprOvements an. dFo ~rm~fipn.o~.t.h.e DiStriCt, Approving the Final Engineer's Report, and Confirming the Assessment and. Diagram 2) Engineer's Report and Diagram RECOMMENDATiOn/. .... 1) Open Public Hearing ~,~,~ 2) Receive Staff presentation and public testimony 3) Question Staff and the pul: lic 4) Close Public Hearing 5) Continue item to meeting of August 3rd for second Public Hearing FINANCIAL STATEMENT: The proposed assessment for Fiscal Year !999,2000 is $19,590, or $23.12 per single family lot. The proposed assessment for the ultimate improvements for Phase I of Dublin ........... Ranch is $28,450, or $33.59 per single family lot (subject to inflationary and utility rate increases). Please see Preliminary Engineer's Report (Attachment 2) for further information regarding calculation of the proposed assessment DESCRIPTION: On June 1, 1999, the City Council adopted a Resolution o£Intenti0n to form Street Light Maintenance Assessment District 99-1 (Dublin Ranch). This is the first of two public heatings regarding this proposed asse~'s~;~i~i~~~'~i~{''~b]~ he~ririg '~iil be h~ld on AUgust 3~, at which time the City Council may adopt the resolution approving the En,~neer s Report and levying the assessment. Background: At the March 16, 1999, meeting, the City Council received a petition requesting formation of ~Street_~ighting Maintenance Assessment_~Di~t~.?..9.r~. (Dublin Ranch). This assessment district wouic~: ~nd t~¢~ el~e~ric m~gY, maintenance, and repair costs associated with the decorative street lighting that~ i;'i;~'b; ~in;~;Sie~'~n the Dublin Ranch development. The City Council previously reviewed the decorative light that was proposed for the Dublin Ranch.development, including estimated costs for energy and maintenance. The.energy and maintenance costs for these lights are anticipated to be proportionally higher than the energy and maintenance costs for the standard "cobra head" street lights in the rest of the City. The assessment per single family lot for the Citywide Street Lighting Maintenance Dis~ri~c~ $13.26 for the past several years and is anticipated to remain the same for 1999-2000. Therefore, Staffhas recommended that a separate street lighting maintenance district be established£0r D:t!bli~n:~agch: COPIES TO: Property Oxxmers ITEM NO~ g:\assessdistX99-1\agstle~?l Formation of Assessment Di~grict:.~ T~f0~at!9~ 0f~n as~s?ss~[.~c~i~trict under the Lan4.s.qaping and Lighting Act of 1972 requires the following actions: ; 1) Adoption of a resolution initiating proceedings. The City Council adopted Resolution 37-99 at the March ~] 6, !999 meeting. 2) Approval of Preliminary Engineer's Report. The City Council adopted Resolution 98-99 at th~?une 1, 1999, meeting. The City Council adopted Resolution 99-99 at the June~ 1, 1999, meeting. 4) Adoption of a Resolution Ordering the Improvements and Formation of the District, Approving the Final Engineer's Report, and Confirming the Assessment and Diagram. This resolution can be.adopted following 45 days' notice to the property owners and a public meeting and public hearing, which have been scheduled for July 20t~ and August 3ra, respectively. Engineer's Report and Calculation .0[Pr0posed Assessment: The Preliminary Engineer's Report (Attachment 2) identifies both a proposed aSsesSment for the.upcoming fiscal year and an anticipated anticipated to be $33.59 per single family home or townhouse lot, subject to energy and inflationary increases as noted above At the time that the City Council originally reviewed the proposed decorative light, the per-lot estimated assessment was in the range of $20.00. The factors which have changed in the interim are as follows: 1) The initial estimate was based on the use pfHigh Pressure Sodium (HPS) lighting, as there was not an existing rate for Metal Halide. The developers prefer the Metal Halide lighting, and a rate has now been obtained t~oggh PG&E which is approximately 6¢ per light per month higher than the rate for HPS.: In addition, the rated life ofa Meta! Ha!ide bulb is,gn!y about 60% as long as the rated life of a High Pressure S°dium bulb, causing a higher maintenance cost. The effect_of the. use of Metal Halide on.the assessment per lot is about $2.13 higher t. han High Pressure Sodium for Fiscal Year 1999-2000, and about $3.10 higher for the. uk~ma~te improvement. 2) The total number of lights in Dublin Ranch Phase! was greatly underestimated in the original report. The developers had estimated that the total number of lights in PhaSe I would be,.about 260. Now that the subdivisior~s are being laid out, it appears that the total number of lights in Phase I will be 349.~ It is expected that the remainder of the Dublin Ranch Development (the Lin property) will be annexed to this District at a later date. At that time, the method of spread to be applied to commercial and multiple residential properties will be determined. Staff.recommends that the City Council conduct a public hearing, deliberate, and continue this item to the August 3, 1999, City CoUncil meeting. Page 2 REsoLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION CO~G ~PORT, O~E~G ~PRO~NT, AND LE~G F~ST A~~ ASSESSMENT . ST~T LIGH~G ~T~NANCE ASSESSMENT DIS~CT 99-1 (DUBL~ ~C~ The City Council of the City of Dublin resolves: This City Council has taken a series of actions preliminary to ordering the improvement in Landscape Maintenance Assessment District 9971 (Dublin Ranch) and now makes the following findings and orders: 1. The City Council adopted its Resolution Initiating Proceedings for the improvement described therein under the Landscaping and Lighting Act of 1972, and directed the City Engineer, as Engineer of Work for the assessment ri.strict, to prepare the report required by SeCtion 22565, and ~ following, of the Streets and Highways Code. The improvement is generally deSCribed as follows: The maintenance, operation, repair and replacement of all public street lighting facilities located within the public streets and within public easements within private streets within the District~Boundaries, as shown on the approved improvement plans for the following Tracts: Final Maps 6925 and 6956 through 6964, including, but not limited to, the lighting poles, fixtures, conduits, conductors, service boxes, controllers, and appurtenances, and the furnishing of power, together with all incidental expenses for the maintenance, operation, and repair of the street lighting system. 2. The Engineer of Work filed the report as directed, and the'City Council adopted its Resolution of Intention calling a hearing on the report as required by Section 22587 of the Streets and Highways Code. Notice of the hearing was given by publication and by mailing to affected property owners, all according to the Landscaping and Lighting Act of 1972. Affidavits of publication and mailing were filed with the City Clerk. 3. At the time and place for which notice was given, the City Council conducted a public hearing and gave every interested person an opportunity to object to the proposed improvement, the extent of the assessment district, or the proposed assessment. 4. The City Council finds that written protests against the proposed improvement have not been made by owners representing more than one half of the area of the land to be assessed for the .. /r''''~, improvement. 1 5. The documents and events described in Paragraphs 1 to 4, inclusive, are stated herein tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the City Clerk. Document or Event Date, Number, a, Resolution Initiating Proceedings 3/16/99 37-99 , b. Filing of Engineer's Report 5/26/99 N/A c. Resolution Preliminarily Approving Engineer's Report 6/1/99 98-99 c. Resolution of Intention 6/1/99 99-99 d. Certificate of Mailing Notice 6/16/99 N/A e. Affidavit of Publication of Notice 6/19 & 26/99 N/A 7/20 & f Public hearings to be conducted 8/3/99 TBD 6. The City COuncil approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 7. The City Council finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, respectively, from the improvement. The City Council hereby confirms and levies each individual assessment as stated in the Engineer's Report. 8. The City Council orders the improvement described in Paragraph 1 and as detailed in the Engineer' s Report. PASSED, APPROVED AND ADOPTED this 3rd day of August, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ENGINEER'S REPORT STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA) (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972) THE uNDERSIGNED RESPECTFULLY SUBMITS THE ENCLOSED REPORT AS DIRECTED BY THE CITY COUNCIL ENGINEER'S REPORT STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA) Pursuant to the Landscaping and Lighting Act of 1972 LEE THOMPSON, City Engineer of the CitY of Dublin and Engineer of Work for Street Lighting Maintenance Assessment District No. 99-1 (Dublin Ranch Area), City of Dublin, Alameda County, California, makes this report, as directed by the City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972). The total assessment district area is 225.5 acres as shown in Part A (the Assessment Diagram and Boundaries Map) of this repOrt. The "ultimate improvements" consist of: The maintenance, operation, repair and replacement of all public street lighting facilities located within the public streets and within public easements within private streets within the District Boundaries, as shown on the approved improvement plans for the following Tracts: Final Maps 6925 and 6956 through 6964, including, but not limited to, the lighting poles, fixtures, conduits, conductors, service boxes, controllers, and appurtenances, and the furnishing of power, together with all incidental expenses for the maintenance, operation, and repair of the street lighting System. This report consists of five pads as follows: Part A - An Assessment Diagram and Boundaries Map showing aH of the real property within the. Assessment District. Part B - An estimate of the annual maintenance costs for the planned "ultimate improvements" to be maintained. Part C - An Assessment Roll detailing the estimated cost of the maintenance on each residential parcel within the Assessment District. Part D - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel. Part E - A list of the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. This District is being established to pay for maintenance, operation, and repair of the proposed street light fixtures, which differ from the City Standard. A special light fixture has been proposed to create a community element which is a benefit to the future homeowners within the proposed District boundary. Respectfully submitted, ,/~ '~L-e~ S. Thomp dns. C_g¢~-figineer gf Work NUUBER NUUBER OF LIG~S B~. 6958 BE 31 69~ 115 ~g ~9 k~'4~[ -- [~ R=Bl~ 6962 Ill 40 40 L=21.41' BNa. 69~ ~ 20 . 20 69~ 51 ~3S~CE 6955 (~) 92 6961 (~[) 117 37 T~= ~7 240 ~ s~ ~ ~r~& oueuN, ~F~xk ~ Lo~ LIG~ING M~EN~CE ~SESSUENT D{~RLCT N0. 99-1 ~ __ ox~ p~ ~o P~ ~ ~o (DUBUN ~CH ~) __ ox~ ~ FOR THE RS~ ~ 1999-2000 sY m~ ~Lu~ NO. ~ 6956 THROUGH ~CT 6963 ~Y 26. 1999 ~ ~- DUBUN PART A ASSESSMENT DIAGRAM AND BOUNDARIES MAP ~'~ STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA) SEE REDUCED COPY ON FOLLOWING PAGE PART B AN ESTIMATE OF THE ANNUAL MAINTENANCE COST OF THE ULTIMATE STREET LIGHTING IMPROVEMENTS STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA) Fiscal Year 1999-2000 street lights to be installed = 240 Total street lights estimated to be installed = 349 (ultimate improvements) Fiscal Year 1999-2000 ENERGY COST $2.305 per light per month x 12 mo. x 240 lights $6,640.00 STANDARD MAINTENANCE (BULB CHANGES) $18.40 matedal cost, plus $29.00 labor cost per bulb change = $47.40 $3,790.00 x 240 li~lhts + 3 year interval OTHER MAINTENANCE (Starter, ballast, photocell) Estimated 6 occurrences. Per year x $58.09 cost. $350.00 ACCIDENTS AND OTHER MAJOR REPAIRS Estimated 2 per year @ $2,000 each. $4,000.00 RESERVE FOR POLE PAINTING $115 each x 240 lights + 10 year interval $2,760.00 ADMINISTRATIVE COSTS Engineer's Report $600 Annual Administrative Cost $400 $1,130.00 CAL-SLA Dues and Conference $130 Subtotal $18,670.00 COUNTY COST OF COLLECTION AND DELINQUENCY Cost of collection @ 1.7% $920.00 Estimated delinquency ~ 3% TOTAL FY 1999-2000 ASSESSMENT $19,590.00 Ultimate Improvements ENERGY COST $2.305 per light per month x 12 mo. x 349 lights $9,655.00 STANDARD MAINTENA. NCE (BULB CHANGES) $18.40 material cost, plus $29.00 labor cost per bulb change = $47.40 $5,515.00 x 349 lights + 3 year interval OTHER MAINTENANCE Estimated 9 occurrences per year x $58.09 cost. $525.00 ACCIDENTS AND OTHER MAJOR REPAIRS Estimated 3 per year @ $2,000 each. $6,000.00 RESERVE FOR POLE PAINTING $115 each x 349 lights + 10 year interval $4,015.00 ADMINISTRATIVE COSTS Engineer's Report $700 Annual Administrative Cost $570 $1,400.00 CAL-SLA Dues and Conference $130 Subtotal $27,110.00 COUNTY COST OF COLLECTION AND DELINQUENCY Cost of collection @ 1.7% $1,340.00 Estimated delinquency (~ 3% TOTAL ULTIMATE ASSESSMENT $28,450.00 Subject to annual inflationary increases as noted below. Part B continued In addition to the increase in the annual maintenance cost as a result of additional lights (i.e., from 240 lights to the ultimate improvements consisting of 349 lights), the annual maintenance cost shall be increased annually beginning July 1, 2000, by the percentage increase in the Bay Area Urban Wage Earner Consumer Price Index ("Index") (applies to all costs except electricity), plus any actual increase in the cost of electricity. 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 Pdce Index. Example: Assume an increase in the index of 1% and a utility increase of 5%. ULTIMATE IMPROVEMENT COST $27,110 LESS ENERGY COST (SUBJECT TO RATE INCREASE ONLY) $(9,655) ASSESSMENT SUBJECT TO INDEX INCREASE $17,455 INDEX INCREASE (ASSUMED 1%) ~/7,455x.o'~ = 175 $175 ENERGY COST $9,655 5% UTILITY RATE INCREASE 9,655x.o5 = 483 $483 NEW TOTAL MAINTENANCE COST $27,768 PART C ASSESSMENT ROLL STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 Assessment No. Name of Property Number Annual Assessment Owner of Lots Fiscal Year 1999~2000 Ultimate Im )rovements Per Lot Total Per Lot Total* Lots 1-69 MSSH Mayfield LLC Tract 6957 69 $23.12 $1,595.28 $33.59 $2,317.70 Lots 1-86 -:: MSSH Mayfield LLC , Tract 6958 86 $23.12 $1,988.32 $33.59 $2,888.74 Lots 1-45 Standard Pacific . Tract 6963 Corp. 45 $23.12 $1,040.40 $33.59 $1,51 i .56 Lots 1-113 Centex Homes -. Tract 6960 113 $23.12 $2,612.56 $33.59 "$3,795.68 Lots 114-116 of First Amedcan Title Tract 6960 Corp. 300 $23.12 $6,936.00 $33.59 $10,077.00 Future Tracts 6956, 6959, 6961 Lots 1-111 Standard Pacific Tract 6962 Corp. 111 $23.12 $2,566.32 $33.59 $3,728.50 Lots 1-123 Standard Pacific Tract 6964 Corp. 123 $23.12 $2,843.76 $33.59 $4,131.58 847 $19,582.64 $28,450.76 TOTAL: *Subject to increases in index and actual utility cost. PART D METHOD OF SPREAD OF ASSESSMENTS STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA) The maintenance of the street lighting within the boundaries of the Assessment District benefits each residential lot in the District in the same manner and to the same extent. Therefore, the Assessment has been equally apportioned over the proposed 847 planned single-family residential lots contained within the District. The per lot assessment will be $23.12 per lot for Fiscal Year 1999-2000~ increasing to $33.59. (subject to inflation and utility rate increases) at buildout for all residential lots within the boundaries of the District on a per lot basis. All non- residential lots within the District have been excepted and will have a zero assessment since they receive no special benefit with regard to the special light fixture proposed. The following Lots 1~14, 115, and 116 of Tract 6960 will be subdivided at a later date. The projected lot counts are: Tract 6960 Lot 114 - 92 lots (future Tract 6956) Lot 115 - 91 lots (future Tract 6959) Lot 116 - 117 lots (future Tract 6961 ) Until they are subdivided, the assessment for these lots shall be equal to the per-lot assessment each year times the number of proposed lots within each Tract listed above. With the recording of the future Tract maps, the new assessments will be reapportioned to each of the individual residential lots. As more street lights are installed each year, until all 349 are installed, the assessment each year will be based on the estimated cost of maintenance (using the numbers in Part B, adjusted for inflation as noted in'Part B), divided by the number of lights to be installed that year, provided in no event will the per lot assessment be more than $33.59 (as adjusted for inflation). It should be noted that future annexations to this District may affect the spread of assessments. PART E PROPERTY OWNER'S LIST STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA) Assessment No. Name of Property Owner Lots 1-69 MSSH Mayfield, LLC Tract 6957 25 Metro Drive Suite 300 San Jose, CA 95110 Lots 1-86 MSSH Mayfield, LLC Tract 6958 25 Metro Drive Suite 300 San Jose, CA 95110 .. Lots 1-45 Standard Pacific T~'act 6963 3825 Hopyard Road Suite 195 Pleasanton CA 94588 Lots 1-113 Centex Homes Tract 6960 1855 Gateway Blvd. Suite 650 Concord CA 94520 Lots 114-116 of Tract 6960 First American Title Co. Future TractS (Under Holding Agreement) 6956, 6959, and 6961 6681 Owens Drive Pleasanton CA 94588 Lots 1-111 · Standard Pacific Tract 6962 3825 Hopyard Road Suite 195 Pleasanton CA 94588 Lots 1-123 Standard pacific Tract 6964 3825 Hopyard Road Suite 195 Pleasanton CA 94588 The above property owners and the City of Pleasanton and Dublin San Ramon Services District own additional non-residential properties such as community-owned open space parcels, proposed public facilities, and community owned recreation parcels, within the proposed Assessment District No. 99-1 boundaries, but they will have a zero assessment. STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA) CERTIFICATES 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 Part B, with the diagram thereto attached, was filed with me on May 26, 1999. I, the City Clerk of the City of Dublin, California, hereby certify that t~e foregoing Engineer's Report, together with the Assessment and diagram thereto attached, was preliminarily approved and confirmed by the City Council of said City by its Resolution No. 98-99, duly adopted by said C ou ncil on June 1, 1999~ ~ ~. ~./~'~ ~ I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Engineer's Report, together with the Assessment and diagram thereto attached was finally approved and confirmed by the City Council of said City by its Resolution No. ***-99, duly adopted by said Council on August 3, 1999. I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Engineer's Report, together with the Assessment and diagram thereto attached was filed in the office of the County Auditor of the County of Alameda, California, on ***, 1999. MOTION TO ADD ITEM TO AGENDA AS 6.5: MAKE THIS STATEMENT BEFORE MAKING THE MOTION: "A public hearing has been noticed for tonight's meeting for the proposed Dublin Ranch Street Lighting Maintenance Assessment District. However,the public hearing was not placed on tonight's agenda. However, after the agenda was posted, staff learned that the hearing must be held tonight in order to meet the County's requirements to get the assessments on the assessment roll for this fiscal year." MOTION: "Pursuant to Government Code section 54956.9, subdivision(b)(l), I move that the Council find there is a need to hold a public hearing on the proposed Dublin Ranch Street Lighting Maintenance Assessment District at tonight's meeting;that the need to take this action came to the attention of the City after the agenda was posted; and that Agenda Item 6.5 be added to the adenda to conduct a public hearing to hear any protests to the proposed Dublin Ranch Street Lighting Maintenance Assessment District."