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HomeMy WebLinkAbout6.5 Landscaping Maintenance AD 97-1 CITY CLERK File # LOOQJ-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 18,2006 SUBJECT: ATTACHMENTS: RECOMMENDATION: ~ '\ ~ FlNANCIAL STATEMENT: Public Hearing: Landscapmg Maintenance Assessment District 97-1 (Santa RIta Area) Report Prepared by Ginger Russell, Senior Administrative Ana(vst 1) Resolution approving Engineer's Report, confirming diagram and assessment, and ordering levy of assessment Engineer's Report and Assessment Dwgram Newsletter 2) 3) I) 2) 3) 4) 5) Open public hearing Receive Staff rcport Receive public comment Close public hearing and deliberate Adopt the resolution approving the Engineer's Report, confirming diagranl and assessment, and ordenng levy of assessment 2006-2007 Suurces and Use uf Landscaoe Maintenance District Funds. Revenues Total Amount Proposed to be Assessed. Estimated Jnterest Revenue. Estimated Prior l'ear Collections and Penalties Less Estimated Collection and Delinquen(:v CUSl. Nel Tota! Revenues. $231,810 4,478 1,400 (8.577) $229,111 Expenditures Cust uf Maintenance and Utilities Administration and Engineering' Total Operating Expenses. $257,413 1,295 $258,708 COpy TO: ~.------------.---------------------------------------------------------------------------------------~------ g:\assessdist\97 -1 \L)7 -I stllffrptilllerl12UU6 Pagc 1 of3 Co.S ITEM NO. Expenses are expected to exceed revenues as noted above. It is therefore proposed to utilize approximately $29,597 from reserves to make up the balance. The reeommendcd 2006-2007 assessment is $549,86 per acre, which is the same as the 2005-2006 assessment and below the maximum assessment allowed under the terms oftbe Engineer's Report. Proposed single-family or multi-family lot assessments by subdivision arc indicated below DESCRIPTION: This assessment district, which was fonned in the fall of 1996, funds strect landscape maintenance and utility costs for the Santa Rita development area, also known as Emerald Park. This area is bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. The District was formed at the request of the property owner to assure that all landscaplllg in Emerald Park would be maintained at a consistently high level as the property owncr did not bclicve that maintenance by homeowners' associations would achieve thc same desirable end result. The scope of work includes maintenance of roadside landscaping for Dublin Boulcvard, Hacienda Drive, Central Parkway, a portion of Arnold Road, Tassajara Road (westerly portion), and a portion of Gleason Dnve, plus the mallltenance of the trail and landscaping along the Tassajara Creek channel, as delineated on Page 2 ofthe Engllleer's Report. The total maintenance and administration cost for this District for Fiscal Year 2006-2007 is expected to be $258,70R. It IS proposed to use existing rescrves to offset part of this cost; the proposed total assessmcnt for Fiscal Year 2006-2007 is $231,810 The total developed acreage III this District is 421.87 acres, which breaks down to a per-acre assessment of $549,80 As provided in the Engineer's Report, individual lots III residenhal subdiVISIOns are assessed based on density' the number of acres in the subdiVISIon is divided by the number oflots, and the resulting quotient is the assessment per lot. For Fiscal Year 2006-2007, the following assessments resulted from this calculation: California Creekside single-family lots: CalifornIa Brookside multi-family units: SummerGlcn- Richmond American (north) lots: SummerG1en - Richmond American (south) lots: SUlllmerGlen - Kaufman & Broad and Pulte lots. Dublin Greene Tract 7084 single-family lots: Dublin Greene Tract 7149 multi-family units Dublin Greene Tract 7149 condominium/apartment units $78.20 per lot $3442 per umt $64,82 per lot $75.82 per lot $117.34 per lot $82.86 per lot $62.40 pcr unit $32.52 per unit Commercial (including retail, office, and industrial uses, as well as apartment properties) are assessed based on the per-acre figure mulhphed by the number of acres per individua110t. This is the same as the 2005-2006 assessment. The original Engineer's Report for thiS District provided for a maximum assessment of $71000 per aere, which could be increased annually based on the Consumer Price Index (CPI) as well as actual increases in the cost of utihties. This CPI factor is now being updated in the Engineer's Report on an annual basis. The maximum in thc Engineer's Report for 2006-2007 has been mcreased by the CPI and utility rate changes for 2006 This does not have any effect on the annual assessment for 2006-2007 but does revIse the current ceiling to $900.10 per acre. Page 2 of3 An infomlatlOnal newsletter (Attachment 3) was mailed to property owners the week of June 26th, and a neighborhood meeting was scheduled for July 6th. No property owncrs attended the meeting, and as of wntmg this Staff report, no questions or eommcnts had been received by telephone or e-mail. Staff recommends that the City CNmcil conduct a public hearing, deliberate, and adopt the resolution approvmg Engineer's Report, confirming diagram and assessment, and ordermg levy of assessment. Page 3 of3 I O(::.J S RESOLUTION NO. - 06 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 MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) WHEREAS, by its Resolution No. 048'()6, a Resolution Directing Preparation of Annual Report fur City of Dublin Landscaping and Lighting Maintenance Assessment District No. 97-1 (the "District"), this Council designated the City Engineer as Engineer of Work and ordered said Engineer to makc 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 partieular, whereupon it was detennined that said report should stand as Engineer's Report for all subsequent proceedings undcr and pursuant to the afuresaid Resolution and that July 18, 2006, at 7:00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of whicb hearing was mailed, published and posted in accordance with Govemment Code Section 54954.6; and WHEREAS, at the appointed time and pIw.:e, said hearings were heW, 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 morc 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 Ihe maps and description, or against thc diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy he made; ( c) The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries Ihercof, 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 18th day of July, 2006 AYES NOES. ABSENT ATTEST Mayor City Clerk 7-1 B - Dt.o [Q.5 ATTAUBIIENT I. CITY OF DUBLIN '''i. I^- ,At \ ...) LANDSCAPE MAINTENANCE DISTRICT NO. 1997~1 SANTA RlT A AREA FISCAL YEAR 2006~2007 ENGINEER'S REPORT ATTACmNT k ..9 ('It I 5 TABLE OF CONTENTS 1 ENGINEER'S LETTER .............................................................................3 2 ESTIMATE OF COSTS.............................................................................. 5 3 METnOD OF APPORTIONMENT...ttt.................u...................................... 6 4 PARCEL LISTING ..".........................."'.............................................iIo............... 7 5 CER TI FICA TIONS ........ ....................... .............. ............ ........................... 9 G,IASSESSMENT DlSTRICTS\97-1 _d Pk\97.IRpt 2006.doc July (', 2006 'i cb IS 1 ENGINEER'S LETTER WHEREAS, on April 18, 2006, 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 1997-1 for ilie acquisition and 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 ofilie 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 acquisition of and maintenance of said improvements and the cost and expenses incidental thereto, to be paid by said District. _._- Summary of Assessment (1) (2) (3) As Filed As As Finally Preliminarily Approved Approved '.."~~~~,~~~~~ -- I-"--"-~- Cost of Maintenance $257,4/3 $257,413 Incidental Expenses $172,678 $172,678 ,.'~~~,~,~,-~~~.~~~~~, -"".---- TOTAL COSTS $430,091 $430,091 , -..-- f--- Estimated 2006-07 Interest Income Applied to 2006-07 Operating Costs $4,478 $4,478 1-- Prior Year Collections & Penalties $1,400 $1,400 Estimated Surplus from 2005-06 Fiscal Year $/92,403 $192,403 SUB-TOTAL $198,28/ $198,181 NET TO BE ASSESSED FOR FISCAL YEAR 2006-2007 $231,810 $231,810 O,W;SESSMENT DlSTRlCTS\97-1 FmonUd Pk\97-1Rpt 2006.cIoc July 6. 211% S-VbJ5 As required by said Act, a diagram is hereto attached showing the exterior boundaries of said landscape 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 landscape maintenance assessment district by apportioning that amount among the several lots or parccls in proportion to the estimated benefits to be received by each such lot or parcel from the acquisition and maintenance of said improvements, and more particularly set forth in the list hereto attaehed and by reference made a part hereof. Said assessment is made upon the several lots or parcels of land within said landscape maintenance assessment district in proportion to the estimated benefits to be received by said lots or parcels respectively from the acquisition and 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 total assessment District area shall be 421.87 acres as shown in Section 4 (the Assessment Diagram) of this report. lbe scope of work shall include the following the maintenance and repair of landscaped and open space areas, entry features, entry lighting, masonry soundwalls, wrought iron fences, public1y-owned drainage ditehes. irrigation systems, trees and p1antings, fumisInng of water and power for irrigation systems, together with all appurtenant and incidental expenses for the following areas: . The northerly and southerly street frontages for Dublin Boulevard, from Arnold Road to Tassajara Road. . The northerly and southerly street frontages for Central Parkway from Arnold Road to Tassajara Road, excluding the future school frontage landscaping. . The southerly street frontage for Gleason Drive, from Arnold Road to Tassajara Road and the northerly street frQntage for Gleason Drive, from Tassajara Creek to Tassajara Road. . The easterly street frontage for Arnold Road, from Dublin Boulevard to Gleason Drive. . The easterly and westerly street frontages for Hacienda Drive, from the 1.5801Hacienda interchange to Gleason Drive. . The westerly street frontage of Tassajara Road, 350 feet southerly of the Tassajara Road and Dublin Boulevard intersection, to 450' northerly of the Gleason Drive and Tassajara Road intersection. . Tassajara Creek and trail. from 1-5l1U to the northe:rly property boundaIy of the Alameda CoUIIly Surplus Propcrty Authority property (APN 9l16.1-1-1O). . Street median landscaping is not part of this District. 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 2006-2007 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 pulpOscs. For a more particular description of said propcrty, 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: Melissa A. Morton, P.E. Public Works Director "oIASSESSMF.NT DlSTRICTS\97-1 Em<nlld Pk\97.IRpt 2006.doc July 6. 2006 !.Pc ..- ~"'--b J~ 2 ESTIMATE OF COSTS The estimated cost for the maintenance of improvements described in this Report for Fiscal Year 2006.2007 is as follows: ~~..~~- ESTIMATE OF COSTS Maintenance -,.,,",~ Street Landscape Maintenance $184,670 Street Tree Maintenance $ 19,577 __~_"M Utilities: ...._~,.."- Electricity $ 531 ~..~.~ Water $ 52.635 ~" .. $257,413 M~~'_~' Incidentals -- Engineer's Report and Proceedings $ 1,295 County of A1amed~Co~ection Costs @ 1 7% $ 3,941 Delinquencies@ 2.0% $ 4,636 . ContingencieslReserve $162.806 - -- $172,678 ~~~..,~~"~,~.'~'~~ TOTAL: $430,091 O,IASSESSMENT DlSTRICTS\97-1 Emerald Pk\97-IRpt 2006.dcc iuly G, 200<; 1 {}, /5 u 3 METHOD OF APPORTIONMENT The maximum developed acre assessment will be $710 per year, based on a total of 389,400 square feet of street improvements and a total of 957,000 square feet of creek improvements and 440 08 acres of developed property at build-out of all property within the District. The cost of the Improvements will be divided equally among the total number of developed properties within tile boundaries of the District on a per acre basis. "Developed acres" shall include property having a recorded final map or parcel map as of July 1st of each year Each year tile City Council shalI determine the assessment for that year based on the following: I Cost ofmaintenallce of installed Improvements ("M"). 2. Total amount of developed acres ("A"). 3 The annual assessment for the developed acres for tbat year ("M") shall be spread on a per-acre basis ("M" + "A:') based on the following: A. Commercial developed area, per acre basis. B. Single-family residential area, per acre basis. C Multi-family residential area, per acre basis. 4 The single-family and multi-family residential area per acre assessment will be further spread on a per lot basis based on the number of lots on the final map, parcel map, or condominium map for each particular development. 5 If the assessment in any year would exceed $710 per acre, the amount in excess of $710 shall be assessed to the remaming undeveloped acres on a per acre basis, subject to the maximum developed acre amount. 6 The maximum developed acre assessment of $710 per year will be increased annually by the percentage increase in the Bay Area Urban Wage Eamer Price Index (applies to all costs except water and electricity), plus any actual increase in the cost for water and electricity 7 If the square footage cost of the Improvements will be leas than the amount set forth herein (after adjustment in accordance with Paragraph 6), the assessment shall be reduced proportionately to reflect the reduced cost of Improvements in that year (j:IASS~SSMBNT '}'STRICTS\97.1 E""""'d Pl<\97.11l.p12006.doc !l>ly 6, 2006 [5rtlS 4 MAXIMUM ASSESSMENT AMOUNT AND PARCEL LISTING The cost of maintenance in the District has not reached the Maximum Developed Acre Assessment amount as of yet In the future the City may need to assess at the maximum rate. This section is being written to document the Increase in Maximum Developed Acre Assessment of $886 annually based on tbe April Bay Area Urban Wage Earner Price Index. Maintenance costs are allowed to increase by the Consumer Price Index while utilities are to be increased based on the actual increase in costs of utilities. Since utilities comprise approltimately 20% of the annual budget, 80"/0 of the Maximum Developed Acre Assessment is subject to the CPI increase. Since the cost for utilities are mainly water the increase in the water costs annually are being used to approltimate the utility portion of the maximum assessment The change in the Bay Area Urban Wage Earner Price Index for April to April of the preceding year and the maintenance portion of the Maximum Developed Acre Assessment is documented in the table below' Maximum Maximum Water % Change Maximum Developed Year April CPI % Maintenance Unit Cost in Utility Utility Acre Change Amount Tier 1 Cost Amount Assessment 1997 1567 $568 00 $166 $142.00 $710.00 1998 1608 2.62% $582.86 $160 -361% $13687 $71973 ------ ---~"~._- -"" $747 87 1999 1688 4.98% $611 86 $1.59 -0 63% $13601 2000 1749 361% $633.97 $1.59 0.00% $136.01 $769 98 2001 1849 572% $670.22 $1.58 -0 63% $135 16 $805.37 2002 188.8 2.11% $684.3 5 $174 10 13% $148.84 $833.20 2003 1936 2.54% $701 75 $177 172% $151.41 $853 16 ,-- 2004 1947 0.57% $70574 $177 000% $15141 $857 15 2005 199.3 2.36% $722.41 $177 o 00"/0 $151.41 $873 82 " 2006 2049 2.81% $742.71 $184 395% $157.39 $900 10 ~,.'~',-" The complete parcel list, showing APN, owner and assessment per parcel will be provided witb the final Engineer's Report. The following page shows the number of parcels assessed, the assessment amount per parcel, and the total assessment for the District. G;IA.~sRss!.n:N'r l)ISTR1CTS\97-1 E.....ald Pk\97.IRpl2006.doc July 6, 2006 2OOt-2OO7 Ae9E18M&NT ROLL LANDtCAPIi MAIfrIi~ .'tntM&NT mtTIUCT NO.. 87.... (SANTAIUTA_1 qGo /5' AMOUNT OF AaaES8MENT FOR 2OOS- ASSESSMENT AND APN PROPERTY OWNERS ACRES lOTS 2007 TAX YPR ""re lot ,., PM 7355 Parcel 4 ACSPA 22.07 1 NIC I.' PM n~ Parcel 7 CITY OF OU911N roar!<) 26.11 1 (NICl 2-1Ihru2-154 800"966 P!I~6& 7 UUL TIPLE INDIVIDUAL OWNERS 21.9 154 549.86 78.20 12 042.80 3-1!;i5ttul,I3-m !look ""6 >>0""", "" MULTIPLE INDIVIDUAL OWNERS 7.7 123 549.86 34.42 4,233.66 4-1 Deleted 4-2 986 -0008-013 EQUILON ENTERPRISE;S 1.23 1 549.$6 675.32 .., 986 -0008-012 DUBLIN HWANG 2.12 1 549.86 1165.70 ... 98a -0008-011 BABY SUPERSTORE 3.38 1 549.86 1 858.52 4-5 986 -0008-010 ~ReEF Aj,4ER'ICA REIT :2.41 1 54M6 1325.16 ,.. '386 ..(1006-009 RREEF AMERICA REIT 18.72 1 549.86 10293.38 47 986 -Ooo8-0Q4 FFtCA ACOUI$rrlONS 1.06 1 $40,86 593.S4 .-0 986 -0006-005 BRINKER RESTAURANT 1.59 1 549.86 874.28 4' 866 -0008.006 SCARBROUGH W & p 1.06 1 549.66 593.64 4_10 986 -0008-008 OU6LIN TEP?ANYAKI Ll..C 1.01 1 549.86 555.36 4-1' l;l8ij ..aooe-007 RREEF AMERICA RErT 4.93 1 549.86 2710.80 4_12 986 -0008-015 CNI..APF PART e:R$ 1.03 1 549,8/5 566.3S 413 986 ..(1008-017 APPLE BAY E 1.31 1 549.86 720.32 414 gaG ...Q008..o0 REGAL CIN~MAs 13.47 1 S49.86 740662 4.15 986 -0016-006 FIRST SECURITY 6:ANK 4.83 1 549,86 2555.82 4-16 986 ..(1016..(107 EXTENDED STAY CA 2.53 1 549.88 1391.14 4-17 85 -0016.006 (Auto "'-iooJ FIRST SECURITY BANK 19.1 1 549.86 10540 a2 5-1 98S -001111-001 US P~OP ,UNO G"a>< & CO KG 13.1$ 1 ~4O,OO 7230.66 5-, 986 -0014-002 CREEKSIDE NORTH lRUST 5.93 1 549.86 3200.66 5-. 986. CREEKSI NORTH TRUST 5.56 1 549.86 3057.22 B.1 986 -0014-004 HHH INVESTMENTS 11.47 1 549.86 6300.90 "" 'BO .0014-007 C.S.T.R.S. 9.93 1 549.86 ~,460.10 6-. 986 -00141-0 8 ,",us wEsT 4.7 1 ~49,aa :2 584.34 B-4 986 -0014-009 OPUS WEST 5.05 1 549.86 2776.80 7.' N:;SPA 11.36 1 540.86 .246.40 986 -0014-011 was 14.37 1 549.86 7901.48 6-1 986 -0005-038 (Deletecl) Deleted . 6-1 986 -uOO5-a::!9 (Deleted) Delete<1 .., 986 ~ftr-040 Delet 0eIeted . 01 ASCPA'" 14.59 1 549.86 8 022.46 9a7 .00 . IKEA 14.69 1 549.86 807744 988 -0033-003 Pan~n'lc ~etall J='rooertle$ Inc. ".85 1 ~4S.ae 7065,70 9-1 thru e.61 Book 966 p~s 10 MULTIPLE INDIVIDUAL OV\fNERS 7.19 61 549.86 64.82 3954.02 10-1thru10-238 es.11 &12 MULTIPLE INDIVIDUAL OWNERS 50.79 238 549.86 117,34 21 ~a 82 11-1 t:hflJ11.48 Book 986 P .13 MUL TII='I.-I;;: INOIVIOUAL OWNE:~ c.5B 48 549.86 75.38 :3 618.24 12-1 . . .001 J . EISLAN o E IS 15.08 1 549.86 8191,6a 13-1 986 -0008-015 (ArchBklne ADlBl SECURllY CAPITAL PACIFIC TRS 1:2.4 1 54O.aa 6818.26 104-1 986 -0016-009 Tai NinQ 1.63 1 549.86 896.28 14> 66 -0016..(110 BanI< of America 1.1 1 ~451,ae 830.28 14-3 986 -0016-011 TaiNin 2.96 1 549.86 1 627.58 14.- 986 -0016-012 KolI center 5.81 1 549.86 319466 14_5 9aa -001 a.013 KoII Center '/.04 ~49,a(i 3871.02 14-0 9as -0016-014 KoIIG8trl:e( 6.48 1 549.88 3563.10 147 986 -0016-015 Triad 7.14 1 549.B6 3 926 00 14-8 goo -0016-016 KQII~llter 1.71 1 549.aa 940,26 15-1 eaA .001 fJ-002 ARGONAUT HoLDINGS ;3.,35 1 549.86 1 847.52 1M 986 -0016-003 Genef'ill Moton:! ARGONAUT HOLDINGS 3.01 1 549.86 1 .~$. oa 15-3 S66 -001 e-004 A~GONAur HOLOINGS 13,11 1 549.86 -4459.36 16-1Ihru16-100 900 -0020-003 thn.l 102 MULTIPlE INDIVIDUAL OWNERS 15.07 100 549.86 82.86 6266,00 17_1 ~ru 17-43 2(l.1U6thn,J 148 MULTIPLE INDIVIDUAL OWNERS 4,66 43 ~,4g.ae 62.40 2683.20 18.1 thru1B-24 Book 986 PiI BS 21 & 22 MULTIPLE INOIVIDUAL OWNERS 8.99 152 549.86 32.52 4943,D4 19-1thru1Q...95 "lot 11,08 INICl 20-1 986 -0017-012 Shea Homes Umited 7.47 1 549.86 4107.46 20-, 88(5.[l;l1r-01J SI'IN HOO'IMo Limited 8.28 1 549,aa 4 552.84 New Annex 986 -0017-010 Sh~ Homes. L.imited 0.97 1 s.49.86 533.36 N8wAnnax. 986 -0017-011 Shea Homes Limited 1.98 1 549.86 1 Oa872 TOTAL GROSS ACR.I:!S 4lIO." lESS PARK lESS FUTURE PARK AREA LESS rR. 7022 (Pages 16 & 151) TOTAL AUESSABLE ACRES -26.11 -22.07 11 OS (Of:I,.S:T~O FROM DISTRICT) .21.58 .. 231,$1U.00 Amount per ac:r.not S 648.88 -...JANDBILLED PARCELS pogo 5 I {l (J.... I :; (j 5 CERTIFICATIONS I, the City Clerk of the City of Dublin, California, hereby certifY that the foregoing Engineer's Report, including Assessment, in the amounts set forth in Section 2, with the diagram thereto attached, was filed witb me on June 20, 2006 -~~ I, the City Clerk of the City of Dublin, Califomia, hereby certifY that the foregoing Assessment, with the diagram thereto attached, was preliminarily approved and confirmed by the City Council of said City by its Resolution No. 109-06. duly adopted by said Council on June 20, 2006. , Ar-,JV-\\J I, the City Clerk of the City of Dublin, Califomia, hereby certifY that the foregoing Assessment, with the diagram thereto attached, was finally approved and confirmed by the City Council of said City by its Resolution No. -06, duly adopted by said Council on Iu1y 18, 2006 I, the City Clerk of the City of Dublin, Califomia, hereby certifY that a certified copy of the Assessment was filed in the office of the County Auditor of the County of Alameda, Califomia on August J 0, 2006. 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I - -I \ -, '_n ,\ ' ' Ii ~ 1 I I~I i 1- ~'18TI'I[~~\ il T : . -IIJ ,_ __ """", ,w , . \, " " JI' I - ~._n_~\\ \ Z 1'1 . __ --- I ,--" L;:J I ' .____:::::.-::_._-:-:-_:::___:-_:.l)~ _._ J J 1 ......---..--...... J' TAS$AJA~A RD - :"";.-.-:-...... -~-=--_-.... -.. : ................. .1 SANTA RITA (EMERALD PARK) DEVELOPMENT AREA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 97-1 INFORMATIONAL NEWSLETTER July 2006 -- I'd 6-:;.. I':;; ~,,- WHAT IS AN ASSESSMENT DISTRICT? A maintenance aUll$Smllnt district is an area within a City in which property owners receive a benefit from certain public improvements, and for which the property owners pay the cost of maintaining those improvements. The City of Dublin currently has two City-wide street light maintenance assessment districts, which fund the cost of energy and maintenance for the public street lighting system, as well as three landscape maintenance assessment districts which fund the cost of utilities and maintenance for street-side landscaping and related improvements. The landscape maintenance assessment districts are specific to certain development areas. WHY DO WE HAVE ASSESSMENT DISTRICTS? Developer-lnstalled residential area street-side landscaping in the City of Dublin Is not maintained through the City's General Fund. City street landscaping that is maintained through the City's General Fund includes ONLY median landscaping (which the City also pays for in the Santa Rita Development Area), and landscaping installed by the City as part of a Capital Improvement Project on an arterial street. All other street-side landscaping is either maintained privately or through an assessment district. In this way, the City's General Fund can be used for many other public selVices, which Include Police and Fire SelVlces, perk maintenance, recreation programs, and library SlllVices. When new development is in the initial planning stages, the developer requests, and the City determines whether the street-side landseaping will be maintained by the City through an assessment district or whether the landscaping will be maintained by a homeowners' or property owners' association. In the case of the Santa Rita (Emerald Park) area, the County, as developer, felt that a more consistent appearance and maintenance standard could be achieved through the assessment district than through multiple homeowners' associations. WHAT AREAS ARE INCLUDED IN THE DISTRICT? The Santa Rita Development Area includes the area bounded by 1-580, Tassajara Road, Gleason Drive, and Arnold Road. The specific areas that are to be maintained are as follows: 1. The northerly and southerly street frontages for Dublin Boulevard from Arnold Road to Tassajara Road. 2. The northerfyand southerty street frontages for Central Parkway from Arnold Road to Tassajara Road excluding the school frontage landscaping and Emerald Glen Pat* frontage landscaping. 3. The southerly street frontage for Gleason Drive from AmoId Road to Tassajara Road, excluding the Emerald Glen Parle. frontage landscaping, from Tassejara Creek to Tassajere Road. 4. The easterty street frontage for Arnold Road from Dublin Boulevard to Gleason DrIve. 5. The easterly and westerly street frontages for Haoienda DrIve from the 1-58OII-/ac/enda interchange to Gleason DrIve. 6. The westerfy street frontage of Tassajara Road 350 feet southerly of the Tassajara Road and Dublin Boulevard Intersection, to the Ta88~ara RoadIGleason DItve Intersection. 7 Tassajara Creek and trail from 1-580 to Gleeson Drive. Street median landscape maintenance and parte. maintenance are not part of this OIstrtct. WHAT IMPROVEMENTS ARE MAINTAINED? Improvements thllt lire maintained by the District include landscaped and open space areas, entry features, entry lighting, masonry soundwalls, wrought iron fences, publicly-ownoo drainage ditches, inigation systems, and trees and plants. The cost includes water and power for Irrigation systems, labor and materials, and administrative costs for both the City and the County Assessor's office. ATTAUHHENT 3. HOW IS THE ASSESSMENT AMOUNT DETERMINED? 130;.,15 l_1 Each year, the City estimates the cost of utilities and maintenance for the upcomlog fiscal year and divides that cost among the properties in the assessment district, based on an adopted formula. The assessment for each property appears on the property tax bill as a "special assessment." The funds collected in this manner can only be used for the purpase outlined in the Engineer's Report for the assessment district. Any funds that remain unused at the end of the fiscal year are carried over as surplus to be used In the future for Distl1ct landscape maintenance. , The preparation of the initial Engineer's Report for the Distl1ct included cost estimates for maintenance of Improvements for both the first year (1997-98) and for 'bulldout" when all of the Improvements have ultimately been installed. The only remaining areas of landscaplog yet to be installed are associated wtth the IKEA I Emerald Place development areas and the remaining lot on the northeast comer of Dublin Boulevard and Amold Road. WHAT ASSESSMENTS HAVE OCCURRED SO FAR? The Initial (1997-98) assessment for this District was based on a maintenance cost estimate that assumed the City would accept specifiC areas of landscaping from the developers duling Fiscal Year 1997-98, Subsequently, the improvements that were anticipated to be accepted in 1997-98 were not accepted by the City, as these Improvements were incomplete or in an unsatisfactory condition, and no assessmant dlsllict funds were expended in 1997-98 As a result, the assessment for the following year, 1998-99, was set at zero. Since that time, the City has eccepted edditional areas of landscaping each yeer A significant amount of landscaping was adc:led duriog the 2002-2003 fiscal year. Including the TassaJara Creek Trail and perts of Dublin Boulevard, Central Parllwlly, and Hacienda Dlive. Additional areas were added during the next two fiscal years. At this time, the only remalnlog areas of the or1glnal landscaping Which have not been completed are those adjacent to the commercial/retail site at the southwest comer of Dublin Boulevard and Hacienda Drive. The formula for future years includes an assessment cap for bulldout, which is $710 per acre of developed land, plus annual Increases are allowed aCCOrding to the Consumer Price Index (CPI) and for actual increases In utility rates. The followlng table compares the 2005-2006 assessment, the proposed 2006-2007 assessment (the same as the 2005-2006 assessment), the original estimated 'buildout" assessment of $710 per acre, and the revised 'bulldout" assessment with CPI and utility increases for the past nine years added. The revised "buildout" assessment Is a total of about 26% higher than the or1ginal cap. The current propoSed assessment is still well below the maximum. . ._~~~--~'"-~~._~"-". ,~~.~- , ~"---~- Proposed Original Max. Revised Max. Development 2005.2006 2006-2007 Buildout Buildout Assessment Assessment Assessment" Assessment' Non-residential ro eliies $549.86 erac. $549.86 erac. $710.00 erac. $900.10 eraC. Calif. Creekside sin.l!I.!!.~mil $78.20 erlot $78.20 erlot $101.74 erlot $128.00 er lot Calif. Brookside multi-tamil $34.42 erlot $34.42 erlot $45.00 Br unit $56.35 er unit SummerGlen - Richmond American North Tract $64.82 erlot $64.82 erlot $83.68 er lot $106.09 er lot SummerGlen - Richmond American South Tract $75 38 er lot $75.38 er lot $97.32 erlot $123.38 er lot SummerGlen-':::.i<-& 8 & Pu~e $11734 erlot $11734 er lot $151.52 er lot $192.08 er lot Dublin Greene Tr 7084 single lamil lots $82.86 erlot $82.88 er lot $107.00 erlot $135.65 er lot Dublin Greene Tr 7149 multi- lami! units $82.40 erunit $62.40 erunit $80.58 er unit $102.15 er unit Dublin Greene fi"'7149 condominium/a artment units $32.52 erunit $32.52 erunit $43.72 er unit $53.23 er unit "?he buildout assessment is subject to increase aooording to the Consumer Price Index (CPI) and actual utility rate increases. As noted above, the original bui/dOut maximum of $710 per acre has increased to $900.10 per acre as a resuH of applying the CPI and utility rate increases that have occurred since the original 1997-ge c:a/culation. The CPI rate of increase has ranged from 2% to 5.5% par year over the past nine years. There have also been both water and electric: rate increases during the past nine years. ?his revIsion of the maxImum assessment does not affect the proposed 2006-07 assessment, whic:h is the same as the 2005-2006 assessment, as shown on the ohart. 14ft,/S MAINTENANCE ACTIVITIES In addition to normal maintenance and utility costs, the budget for 2006-07 Includes replacemant of shrubs In street- sida areas. Maintenance of most of the Tassajara Creek Trail Is now being performed by East Bay Raglonal Park Dlstr1ct (EBRPD), per an agreement with the City that was initiated In November of 2005. The City pays approximately $10,000 to the EBRPD annually for this work. The budget for this Assessment District for 2006-07 Is as follows: RfWfInues: Total Amount Proposed to be Assessed: Estimated Interest Revenue: Estimated PrIor Year Co/J8Ctlons and Penalties: LeSS Estimated COllection end Delinquency Cost: Net Total Revenues: $231,810 4,478 1,400 fU77J $229,111 Expenditures: Cost of M8intenance end utUJt/es Administration and Engineering: Total Operating Expenses: $257,413 1.295 $268,708 Expenditures exceed revenues, and so a portion of the existing reselVe in the District will be used to fund approximately $29.597 of the maintenance cost. The reseIV8 balance is expected to be approximately $162,800 at the end of Fiscal Year 2006-2007 It Is Important to maintain a resalVe balance for the following reasons: (1) The City does not receive income from an assessment until midway through a fiscal year The reselVe therefore provides operating capital for the District until the funds are reealved from the assessor's office. (2) In the event of an unforeseen emergency, such as a major inigatlon break or a catastrophic freeze, the reselVe provides funds for repairs or plant replacements. ARE PROPERTY OWNERS NOTIFIED IN ADVANCE ABOUT ASSESSMENTS? The City Is required by law to hold annual public hearings regarding Landscaping and Lighting Assessment Districts and to provide 1O-day hearing notices that explain the procedure to follow if you want to protest the assessment. The public hearing for the 2005-2006 assessment Is July 18, 2006. Unless the assessment Is proposed to be Increased above the maximum established by the initial Engineer's Report (currantly at $900.10 per acre including Consumer Price Index and utility rate increases), the public hearing notification requirement is by means of publication in the newspaper and posting In the City's established posting locations. If possible, the City will continue to mail you annual newsletters and notlcas. The hearings are normally held in late July or eariy August. ~ City Staff has scheduled an informational meeting prior to the Public He8Ting in order to provide 8n opportunity to 8nswer questions 8nd 8rJdress conC8ms in an inform81 setting. The informational meeting will be held in the Regional Meeting Room of the Civic; Center, 100 Civic; Pl8Z8, on Julv 6,2006. Ilf 7:00 D.m. WHAT ISSUES ARE DISCUSSED AT THE HEARING? The public hearing usually includes a presentation by City Staff which describes the District improvements and any changes that have taken place or may take place the tollowlng year The report includes an accounting of expected costs and the amount that is proposed to be assessed. The City Council may comment on the report and then members of the public may ask questions, mise concerns, or protest the assessment. CAN THE DISTRICT BE DISSOLVED? Some residents have inquired about the me8ns of cancelling or removing their property from the assessment district. It is theoretically possible to cancal the assessment In anyone year by means of a m8jOrtly protest (by owners of more than 50% of the property). However, the Alameda County Surplus Property Authortly, as developer of the area that is included In the Assessment District, has recorded a Declaration of Conditions, Covenants, and Restrictions (CC&R's) /5 (iA I~ that imposes a "Deed Assessment" on each parcel In an amount equal to the amount of the Landscape M~tenance Assessment. Thll Dll8d Assessment ensures that the property owners will fund thll cost of the specific landscape maintenance that Is covered by thll Assessment District. The County would thlln collect the Deed Assessment along with property taxes. The Oiled Assessmllnt will only 00 collectoo If thll Landscape Maintenance Assessment is not collectoo in a given year REPORTING VANDALISM AND MAINTENANCE PROBLEMS The City's polley is to repair vandalism damage and eradicate graffiti as soon as we oocome aware of it. If you notice vandalism occurring or are able to provide a d8SCliption of vandals, please contact Dublin Police services at 462.121:t 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 833-6630. We appreciate your help! If you have any questions about the proposed assessment or maintenance activities in this assessment district. please cali the City's PubliC Works Department at 833-6630.