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HomeMy WebLinkAbout6.4 Landscape Maint AD 97-1 CITY CLERK File # D~~[Q]-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 17,2007 SUBJECT: ATTACHMENTS: RECOMMENDATION: ~1) \ 2) 3) ~~ ~l FINANCIAL STATEMENT: Public Hearing: Landscaping Maintenance Assessment District 9~-1. (Santa Rita Area) . Report Prepared by Erin Lamberger, Administrative Analyst I J 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 the resolution approving the Engineer's Report, confirming diagram and assessment, and ordering levy of assessment 2007-2008 Sources and Use of Landscape Maintenance District Funds: Revenues: Total Amount Proposed to be Assessed: Estimated Interest Revenue: Estimated Prior Year Collections and Penalties: Less Estimated Collection and Delinquency Cost: Net Total Revenues: $231,810 4,478 900 (8.577) $228,611 Expenditures: Cost of Maintenance and Utilities Administration and Engineering: Total Operating Expenses: COPY TO: g:\assessdist\97 -1 \97-1 staffrptintent2006 $279,857 2.600 $282,457 Page 1 of3 fo.Lf ITEM NO. C/ Expenses are expected to exceed revenues as noted above. It is therefore proposed to utilize approximately $53,846 from reserves to make up the balance. The recommended 2007-2008 assessment is $549.98 per acre, which is below the maximum assessment allowed under the terms of the Engineer's Report. Proposed single-family or multi-family lot assessments by subdivision are indicated below. DESCRIPTION: This assessment district, which was formed in the fall of 1996, funds street 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 landscaping in Emerald Park would be maintained at a consistently high level as the property owner did not believe that maintenance by homeowners' associations would achieve the same desirable end result. The scope of work includes maintenance of roadside landscaping for Dublin Boulevard, Hacienda Drive, Central Parkway, a portion of Arnold Road, Tassajara Road (westerly portion), and a portion of Gleason Drive, plus the maintenance of the trail and landscaping along the Tassajara Creek channel, as delineated on Page 4 of the Engineer's Report. In the upcoming year a major structural pruning project will take place in the district. The total maintenance and administration cost for this District for Fiscal Year 2007-2008 is expected to be $282,457. It is proposed to use existing reserves to offset part of this cost; the proposed total assessment for Fiscal Year 2007-2008 is $228,611. The total developed acreage in this District is 421.87 acres, which breaks down to a per-acre assessment of$549.98. As provided in the Engineer's Report, individual lots in residential 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 2007-2008, the following assessments resulted from this calculation: California Creekside single-family lots: California Brookside multi-family units: SummerGlen - Richmond American (north) lots: SummerGlen - Richmond American (south) lots: SummerGlen - Kaufinan & 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 $33.86 per unit $64.78 per lot $75.34 per lot $117.36 per lot $82.82 per lot $62.36 per unit $32.50 per unit Commercial (including retail, office, and industrial uses, as well as apartment properties) are assessed based on the per-acre figure multiplied by the number of acres per individual lot. The original Engineer's Report for this District provided for a maximum assessment of$710.00 per acre, which could be increased annually based on the Consumer Price Index (CPI) as well as actual increases in the cost of utilities. This CPI factor is now being updated in the Engineer's Report on an annual basis. The maximum in the Engineer's Report for 2007-2008 has been increased by the CPI and utility rate changes for 2007. This does not have any effect on the annual assessment for 2007-2008 but does revise the current ceiling to $933.16 per acre. Page 2 of3 An informational newsletter (Attachment 3) was mailed to property owners the week of July 2nd, and a neighborhood meeting was held on July 10th. Staff recommends that the City Council 1) Open public hearing; 2) Receive Staff Report; 3) Receive public comment; 4) Close public hearing and deliberate; and 5) Adopt the resolution approving the Engineer's Report, confirming the diagram and assessment, and ordering levy of assessment. Page 3 of3 I O;}'zb RESOLUTION NO. - 07 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. 8-07, a Resolution Directing Preparation of Annual Report for 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 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 17, 2007, 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 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 ofthe City Clerk, which map is made a part hereof by reference thereto. 1 AnimmT1 ~ 0( ';:( c9 b PASSED, APPROVED AND ADOPTED this 17th day of July, 2007. AYES: NOES: ABSENT: ABSTAINING: Mayor ATTEST: City Clerk G:\ASSESSMENT DISTRICTS\97-1 Emerald PkIFY07-081Public HearinglResolevy 97-I.doc 2 3 c;f.o?5 CITY OF DUBLIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1997-1 (SANTA RITA AREA) Corpora te Oflice: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 ENGINEER'S ANNUAL LEVY REPORT FISCAL YEAR 2007/2008 INTENT MEETING: June 19,2007 PUBLIC HEARING: July 17, 2007 MuniFinancial Oflice Locations: Lancaster, CA Oakland, CA Sacramento, CA Phoenix, AZ www.muni.com Orlando, FL Seattle, WA Memphis, TN ATTACmNT 2,. 4O;f~r ENGINEER'S REPORT AFFIDAVIT Landscape Maintenance Assessment District No. 1997-1 Pursuant to the Landscaping and Lighting Act of 1972 City of Dublin Alameda County, State of California This Report describes the District and services therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2007/2008 as they existed at the time of the passage of the Resolution ofIntention. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this f~ day of ---n-- 2007. On Behalf of the City of Dublin BY.71~U~ Melissa A. orton Public Works Director City of Dublin 61 c;?s TABLE OF CONTENTS I. OVERVIEW .............. .......... ....................... ..... ......... .................................... ......................1 A. INTRODUCTION ............................. ........... ........ ................ .................... ........ ........... ....... ...... 1 B. APPLI CABLE LEGISLATION ................ ................. ............... ........... ......... ............. ............ ....... 2 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS ..................................4 A. DISTRI CT .... ............ ...... ..... ......... .................... ........ ........ .................... ......... ..... ......... ............ 4 B. IMPROVEMENTS.................... ............................................... ................................................. 4 III. METHOD OF APPORT I ONMENT ........................................................... .............. .......5 A. BACKGROUND ............................................................................... .,......... ................. ............. 5 B.BENEFIT ANALYSIS ................ ..... ..... ............ ..................................... ....... ............. ......... ....... 5 C. AsSESSMENT METHODOLOGY ... ......... ..... ............ ........................... ........ .... ...;.............. ........ 7 D . RATE CLASSIFI CATIONS........................... .................................... ........................................... 8 E. INFLATIONARY FACTOR APPLIED TO MAxIMUM RATE..........~............................................. 8 IV. DISTRICT BUDGET ....... .............. ...................................... ....... ......... ........ ......... ...... ..... 10 A. DESCRIPTION OF BUDGET ITEMS ........................................................................................10 B. DISTRICT BUDGET ............. ........... ......... ............ .............. .... .................. ............ ...... ..... .... ...14 APPENDIX A - DISTRICT BOUND.ARY MAP ...................................................................15 APPENDIX B - 2007/2008 ASSESSMENT ROLL ............................................................... 16 ~ ~ 02.J City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 I. OVERVIEW A. Introduction The City of Dublin ("City") annually levies and collects special assessments in order to maintain the improvements within the Landscape Maintenance Assessment District No. 1997 -1 ("District"). The District was origirially formed in the fall of 1996 and is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highwqys Code ("1972 Act"). A diagram of the boundaries of the District can be found within Appendix A of this document. This Engineer's Annual Levy Report ("Report") has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. 1bis Report describes the District, the improvements therein, any annexations or other modifications to the District including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for fiscal year 2007/2008. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel's special benefits. For the purposes of this Report, the word "parcel" refers to an individual property assigned its own Assessment Number by the County of Alameda Assessor's Office. The County of Alameda Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll. Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public hearing to consider all public comments and Written protests regarding the District. Following the annual public hearing and review of the Engineer's Annual Levy Report, the City Council may order amendments to the Report or conf1Iln the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will by resolution: order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, beginning with Section 22640 of the 1972 Act. The assessment rate and method of apportionment described in this Report as approved or modified by the City Council defInes the assessments to be applied to each parcel within the District for fiscal year 2007/2008. The assessments as approved will be submitted to the County Auditor/Controller to be included on the secured property tax roll for each parcel within the District. If any parcel MunzFin(lt/cia! Page 1 1oq~ ( City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council. B. Applicable Legislation The District has been formed and is annually levied pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highwqys Code, beginning with Section 22500. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received. Compliance with the California Constitution All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and shall be in compliance with the provisions of the California Constitution Article XIIID ("Article XIIID"). On November 5, 1996, California voters approved the Right to Vote on Taxes Act (proposition 218) by a margin of 56.5% to 43.5%. The provisions of Proposition 218 became amendments to the California Constitutional Articles XIIIC and XIIJD, can be summarized in four general areas: 1) Strengthens the general and special tax provisions of Proposition 13 and Proposition 62. 2) Extends the initiative process to all local taxes, assessments, fees, and charges. 3) Adds substantive and procedural requirements to assessments. 4) Adds substantive and procedural requirements to property-related fees and charges. The assessments contained in this Report were imposed in accordance with voter approval pursuant to the establishment of the District. As such, the City has detennined that the assessments are compliant with the substantive and procedural requirements of Articles XIIIC and Article XIIID of the California Constitution. The proposed assessments for the current fiscal year may be less than or equal to the maximum assessment rates previously approved and adopted for the District. Any proposed assessment. that exceeds the adjusted maximum assessment rate is considered an increased assessment. Pursuant to the provisions of the California Constitution Article XIIID, all new or increased assessments (the incremental increase) are subject to both MumFinanciaf Page 2 ~~~~. City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 the substantive and procedural requirements of Article XIIID Section 4, including a property owner protest proceeding. Provisions of the 1972 Act (Improvements and Services) The Method of Apportionment described for the District Report utilizes commonly accepted assessment-engineering practices and have been established pursuant to the 1972 Act and the provisions of the California Constitution Article XIIlD. As generally defined by the 1972 Act, the improvements and the associated assessments for each District may include one or any combination of the following: 1) The installation or planting of landscaping. 2) The installation or construction of statuary, fountains, and other omamental structures and facilities. 3) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic si~als. 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 5) The installation of park or recreational improvements including, but not limited to the following: a. Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b. . Lights, playground equipment, play courts and public restrooms. 6) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to: a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls,' sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d. The removal of trimmings, rubbish, debris, and othe~ solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. MunrFinancia/ Page 3 OJ ~ 02Jr City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 7) The acquisition of land for park, recreational or open-space purposes, or the acquisition of any existing improvement otherwise authorized by the Act. 8) Incidental expenses associated with the improvements including, but not limited to: a. The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b. The costs of printing, advertising, and the publishing, posting and mailing of notices; c. Compensation payable to the County for collection of assessments; d: Comp'ensation of any engineer ~r attorney employed to render services; e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f. Costs associated with any elections held for the approval of a new or increased assessment. II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS A. District The District was formed to fund street landscape maintenance and utility costs for the Santa Rita development area, also known as Emerald Park. The total District area is approximately 421.87 developed acres bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. A Diagram showing the exterior boundaries of the District is provided in this Report at Appendix A. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. B. Improvements The scope of work shall include the following maintenance and repair of landscaped and open space areas, entry features, entry lightiIlg, masonry soundwalls, wrought iron fences, publicly-owned drainage ditches, irrigation systems, trees and plantings, furnishing of water and power for irrigation systems, together with all appurtenant and incidental expenses for the following areas: MuniFinanciaf Page 4 10 ;r cJ(" City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 1) The northerly and southerly street frontages for Dublin Boulevard, from Arnold Road to Tassajara Road. 2) The northerly and southerly street frontages for Central Parkway from Arnold Road to Tassajara Road, excluding the future school frontage landscaping. 3) The southerly street frontage for Gleason Drive, from Arnold Road to Tassajara Road and the northerly street frontage for Gleason Drive, from Tassajara Creek to Tassajara Road. 4) The easterly street frontage for Arnold Road, from Dublin Boulevard to Gleason Drive. 5) The easterly and westerly street frontages for Hacienda Drive, from the I- 580/Hacienda interchange to Gleason Drive. 6) The westerly street frontage of Tassajara Road, 350 feet southerly of the Tassajara Road and Dublin Boulevard intersection, to 450 feet northerly of the Gleason Drive and Tassajara Road intersection. 7) Tassajara Creek and trail, from 1-580 to the northerly property boundary of the Alameda County Surplus Property Authority property (APN 986-1-1-10). 8) Street median landscaping is not part of this District. III. METHOD OF APPORTIONMENT A. Background Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The benefit formula used should reflect the composition of the parcels, and the improvements and services provided, to fairly proportion the costs based on special benefit to each parcel. B. Benefit Analysis Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the California Constitution. All the assessed parcels receive direct and special benefits from the improvemen ts and activities to be funded through the District assessments. The improvements include all necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactory condition. MuniPillancial Page 5 J I ~ /)f City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 Special Benefit The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of well-maintained public landscaping in clo~e proximity to those properties. The special benefits associated with street landscape improvements are specifically: 1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5) Increased sense of pride in ownership of property within the District resulting from. well-maintained improvements associated with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas. 7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. 8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been detemrined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. . General Benefit In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly effect the properties within the District. Although the improvements include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is Mll11zFinancial Page 6 f~ ~ c;).{ City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's .Annual Levy Report Fiscal Year 2007/2008 incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District c. Assessment Methodology The initial Engineer's Report provides for a maximum assessment of$710 per developed acrep 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 the 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. . The following formulas are used to calculate each property's assessment: 1. Cost of maintenance of installed Improvements ("M"). 2. Total amount of developed acres ("A"). 3. The annual assessment for the developed acres for that 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 remaining. 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 San Francisco-Oakland-San Jose Area Consumer Price Index for "All Urban Consumers and Clerical Workers" (applies to all costs except water and electricity), plus any actual increase in the cost for water and electricity. MumFinmal Page 7 l~~25 City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 7. If the square footage cost of the Improvements will be less 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. D. Rate Classifications Single and Multi-family residential subdivisions within the District will be assigned a rate on a per lot basis. To determine the assessment per lot, the number of acres within the subdivision will be divided by the number of lots within the subdivision. Commercial (including retail, office, and industrial uses, as well as apartment properties) are assessed based on the per-acre figure of $549.98 multiplied by the number of acres per individual lot. For fiscal year 2007-2008, the following assessments resulted from this calculation: Property Type California Creekside Single-Family Residential (SFR) California Brookside Multi-Family Residential (MFR) SummerGlen - Richmond American (North) Lots SummerGlen - Richmond American (South) Lots SummerGlen - Kaufman & Broad and Pulte Lots Dublin Greene Tract 7084 Single-Family Residential Dublin Greene Tract 7149 Multi-Family Residential Dublin Green Tract 7149 Condominiums/Apartments Retail, Office, and Industrial Rate Basis $78.20 $33.86 $64.78 $75.34 $117.36 $82.82 $62.36 $32.50 $549.98 Lot Unit Lot Lot Lot Lot Lot Unit Acre E. Inflationary Factor Applied to Maximum Rate The District assessments include a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. This assessment adjustment formula was approved by the City Council pursuant to a mailed ballot and public hearing referenced in Section 1. B. The maximum assessment amount allowed for each fiscal year shall be increased annually by the percentage increase in the San Francisco-Oakland-San Jose Area Consumer Price Index ("Index") for "All Urban Consumers and Clerical Workers" applies to all cost except water and electricity, plus any additional increase in the utility MuniFinandal Page H JIf O;f dS City of Dublin Landscape M~ntenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 cost of water and electricity. Each fiscal year the City shall identify the change in the Index for April to April of the preceding year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for detennining fluctuations in the cost of living. In the event that the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the assessment without applying the adjustment formula to the amount levied. If the budget and assessments for a district require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District. Since utilities comprise approximately 20% of the annual budget, 80% of the Maximum Developed Acre Assessment is subject to the Index increase. Since the cost for utilities are mainly water the increase in the water costs annually are being used to approximate the utility portion of the maximum assessment. The change in the 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: % Max. Max. Water Change Max. Developed April % Maint. Unit Cost inUtility Utility Acre Year CPI Change Amount Tier 1 Cost Amount Charge 1997 156.7 $568.00 $1.66 $142.00 $710.00 1998 160.8 2.62% 582.86 1.60 -3.61 % 136.87 719.73 1999 168.8 4.98% 611.86 1.59 -0.63% 136.01 747.87 2000 174.9 3.61% 633.97 1.59 0.00% 136.01 769.98 2001 184.9 5.72% 670.22 1.58 -0.63% 135.16 805.37 2002 188.8 2.11 % 684.35 1.74 10.13% 148.84 833.20 2003 193.6 2.54% 701.75 1.77 1.72% 151.41 853.16 2004 194.7 0.57% ' 705.74 1.77 0.00% 151.41 857.15 2005 199.3 2.36% 722.41 1.77 0.00% 151.41 873.82 2006 204.9 2.81% 742.71 1.84 3.95% 157.39 900.10 2007 211.2 3.07% 765.51 1.96 6.52% 167.65 933.16 The percentage difference for the Index from April 2006 to April 2007 was 3.07%. The actual increase in utility cost of water from April 2006 to April 2007 was 6.52%. Therefore, the maximum assessment rate allowed per acre for fiscal year 2007/2008 has been adjusted by 3.67% from $900.10 to $933.16. However, the assessment per acre for MllmFinoncial Page 9 )5 ~ d).~ City of Dublin Landscape Maintenance l\ssessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 the current fiscal year is proposed to be $549.98, an increase of $0.12 (0.02%) over the applied rate from prior fiscal year 2006/2007. IV. DISTRICT BUDGET A. Description of Budget Items The following describes the services and costs that are funded through the District, shown in the budget. DIRECT COSTS: Maintenance Tree - The cost of installation and maintenance of trees and plantings along the street frontages within the District Maintenance Landscape - The cost of maintenance and repair of the landscaping and open space areas within the District. Utilities Water - The cost of furnishing water for maintenance of landscape and irrigation systems within the District. Utilities Electricity - The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District. Miscellaneous Expenses - Costs that cannot easily be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: District Administration, Consulting - The costs of contracting with professionals to provide services specific to the levy administration, including p.reparation of the Engineer's Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. County pet Parcel Fee - The cost to the District for the County to collect assessments on the property tax bills. LEVY BREAKDOWN: Reserve Collection/ (Transfer) - The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund. Negative amounts shown for this MrmiFinanciaf Page 10 ) t" ~ .,?S City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 budget item represent transfers from the Reserve Fund that reduces the Bala~ce to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) - The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District's regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget. General Fund Loans Repayment/(Advances) - This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current fiscal year that must be repaid by future assessments. Similar to the Reserve Collection/ (Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current fiscal year (Advance) is shown as a negative number. If the District is expected to incur'significant expenditures in the current fiscal year for special MuniFinancia! Page 11 } '1 G;f c2.r City of Dublin Landscape Maintenance l\ssessment District 1 ')97-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues. Delinquency. Contingency - This is ,the estimated amount designated for delinquent property tax payments that the County is unable to collect in the 2007/2008 fiscal year. Other Revenue/(Contributions) - This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non-District or District sources including City General Fund Contributions and/or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid. Balance to Levy - This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. Total Parcels - The total number of parcels within the District including exempt parcels. Total Parcels Levied - The total number of parcels within the District that will receive the special benefits during the current fiscal year. Total Developed Acreage - The total developed acres within the District applied to the parcels described above. Applied Levy per Acre - This amount represents the rate being applied to each parcel's developed acreage factor. The Applied Levy per Acre is the result of dividing the Applied Charge by the Total Developed Acreage of the District for the fiscal year. Maximum Levy per Acre (Prior Fiscal Year) - This is the maximum rate per acre allowable to assess property owners in fiscal year 2006/2007, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. MJITllFinancial Page 12 l~ ~ e>?5 City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's j\nnual Levy Report Fiscal Year 2007/2008 Maximum Levy per Acre (Current Fiscal Year) - This is the maximum rate per acre allowable to assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Inflationary Factor -The maximum assessment amount allowed for each fiscal year shall be increased in an amount equal to the annual percentage increase of the Local Consumer Price Index for "All Urban Wage Earners and Clerical Workers" for the San Francisco-Oakland-San Jose Area, plus any additional increase in the utility cost of water and electricity. The annual increase will be determined by the percentage difference between the Index for April of the current fiscal year and the Index for the previous April. MumFi1/ancial Page 13 ;1 c:f oiS City of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's .'\nnual Levy Report Fiscal Year 2007/2008 B. District Budget City ofDu6lin 2007/2008 Budget Worksheet Landscape Maintenance Assessment District No. 1997-1 Fund Number: 716 Maintenance - Tree Maintenance - Landscape Utilities - Water Utilities Electricity Miscellaneous Expenses TOTAL DIRECT 541,100.00 187,171.00 51,084.00 502.00 0.00 $279,857.00 ADMINISTRATION COSTS District Administration - Consulting Counry per Parcel Fee TOTAL ADMIN S2,600.00 3,940.69 $6,540.69 COLLECTION/(CREDrTS) A1'PLlED TO LEY): TOTAL DIRECT AND ADMIN COSTS Reserve Collection/ (T ransfer) Capital Improvement Fund Collection/(Transfer) General Fund Loans Repayment/(Advances) Delinquency Contingency Other Revenue/(Contributiuns)l TOTAL ADJUSTMENTS Balance to Levy (Budgeted) $286,397.69 (53,846.00) 0.00 0.00 4,636.10 (5,378.00) ($54,587.90) $231,809.79 Total Revenue at Maximum Rate Varianceabove/(below) Maximum Revenuc $393,322.06 (SI70,089.06) Levy at Applied Rate Difference above/ (below) Balance to Levy' $231,805.18 ($4.61) DISTRICT STATISTICS Total Parcels T ota] Parcels Lcvied Total Dcvclopcd Acreage Applied Levy per Acre 975 975 421.49 $549.98 Maximum Levy per Acre (Prior Fiscal Year) Maximum 'Levy pcr Acre (Current Fiscal Year) Inflationary Factor Applied to Maximum Rate $900.10 $933.16 3.67% FUND BALANCE INFORMATION . Beginning Reserve Fund Balance Reserve Fund Adjustments A nticipated Reserve Balance $212,037.00 (53,846.00) $158,191.00 1 Comprisul of Estimated Int""t and Prior }',ar Auwment Penalties. 2 Diffmnu in Balance 10 Lt~1' and Applied Charge is du, 10 munding. MuniFinancia! Page 14 ~o 1 pI City of Dublin Landscape Maintenance J\ssessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 APPENDIX A - DISTRICT BOUNDARY MAP .0) ... u '"- ..... U'> o 0'> c: .... ..c: 0'> .....t IV 0.. to V U'> ,'0 .ct tii ...:J' MuniFinancial '--""'\, ........... r I -p ~/-~l t-~ : \ .L\ .. ... t _.' -.~Il. - t. '................. -." ".. -,' "i: I i I 1?' Jl -_l- ~:~ , t__ : I . ,- '." - t 1 I 1 - * ~ .~ Iii ::> ji ~ .. ;f t ... Ih i:X :::' C !i ',5 is !f: 3 8 n "i5 'IS ;: ~ ~ ~ O't ....... t." (.3 o DO I i .. 1 j ~.",. - ~...... ,.... i ~..I 1 ~.~. "'-i-' f _... i i it '"' i if ; Ir ,I~ ,..:~!~ j /.---./ - ~:";~" ,..- /..' ...." ! ~ L <~ III i i ~ i " ! l Page 15 Ci<y ofDublin ~ I c::r C)S Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2007/2008 APPENDIX B - 2007/2008 ASSESSMENT ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Alameda County Assessor's map for the year in which this Report is prepared. A listing of parcels assessed within this District, along with the designated subdivisions and assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/ or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-oE-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. Page 16 MuniFinancio/ SANTA RITA (EMERALD PARK) DEVELOPMENT AREA lANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 97-1 INFORMATIONAL NEWSLETTER July 2007 ~~# ~J WHAT IS AN ASSESSMENT DISTRICT? A maintenance assessment 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-installed 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 services, which include Police and Fire Services, park maintenance, recreation programs, and library services. When new development is in the initial planning stages, the developer requests, and the City determines whether the street-side landscaping 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 northerly and southerly street frontages for Central Parkway from Arnold Road to Tassajara Road excluding the school frontage landscaping and Emerald Glen Park frontage landscaping. 3. The southerly street frontage for Gleason Drive from Arnold Road to Tassajara Road, excluding the Emerald Glen Park frontage landscaping, from Tassajara Creek to Tassajara Road. 4. The easterly street frontage for Arnold Road from Dublin Boulevard to Gleason Drive. 5. The easterly and westerly street frontages for Hacienda Drive from the I-S80/Hacienda interchange to Gleason Drive. 6. The westerly street frontage of Tassajara Road 350 feet southerly of the Tassajara Road and Dublin Boulevard intersection, to the Tassajara Road/Gleason Drive intersection. 7. Tassajara Creek and trail from 1-580 to Gleason Drive. Street median landscape maintenance and park maintenance are not part of this District. WHAT IMPROVEMENTS ARE MAINTAINED? Improvements that are maintained by the District include landscaped and open space areas, entry features, entry lighting, masonry soundwalls, wrought iron fences, publicly-owned drainage ditches, irrigation 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. ATTAUIDIENT 3. df3~~Y HOW IS THE ASSESSMENT AMOUNT DETERMINED? Each year, the City estimates the cost of utilities and maintenance for the upcoming 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 purpose 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 District landscape maintenance. The preparation of the initial Engineer's Report for the District included cost estimates for maintenance of improvements for both the first year (1997-98) and for "buildouf' when all of the improvements have ultimately been installed. The only remaining areas of landscaping yet to be installed are associated with the Emerald Place development areas and the remaining lot on the northeast corner of Dublin Boulevard and Arnold 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 during 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 assessment district 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 accepted additional areas of landscaping each year. A significant amount of landscaping was added during the 2002-2003 fiscal year, including the Tassajara Creek Trail and parts of Dublin Boulevard, Central Parkway, and Hacienda Drive. Additional areas were added during the next two fiscal years. At this time, the only remaining areas of the original landscaping which have not been completed are those associated with the Emerald Place development areas and those adjacent to the commercial/retail site at the northeast corner of Dublin Boulevard and Arnold Road. The formula for future years includes an assessment cap for buildout, 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 following table compares the 2006-2007 assessment, the proposed 2007-2008 assessment, the original estimated "buildouf' assessment of $710 per acre, and the revised "buildout" assessment with CPI and utility increases for the past ten years added. The revised "buildouf' assessment is a total of about 31% higher than the original cap. The current proposed assessment is still well below the maximum. Proposed Original Max. Revised Max. Development 2006-2007 2007 -2008 Buildout Buildout Assessment Assessment Assessment* Assessment* $549.86 er ac. $549.98 er ac. $710.00 er ac. $933.16 er ac. $78.20 er lot $78.20 er lot $101.74 er lot $132.70 er lot $34.42 er lot $33.86 er lot $45.00 er unit $58.41 er unit $64.82 er lot $64.78 er lot $83.68 er lot $109.98 er lot $75.38 er lot $75.34 er lot $97.32 er lot $127.91 er lot $117.34 er lot $117.36 er lot $151.52 er lot $199.13 er lot $82.86 er lot $82.82 er lot $107.00 er lot $140.63 er lot $62.40 er unit $62.36 er unit $80.58 er unit $105.90 er unit $32.52 er unit $32.50 er unit $43.72 er unit $55.18 er unit *The buildout assessment is subject to increase according to the Consumer Price Index (CPI) and actual utility rate increases. As noted above, the original buildout maximum of $710 per acre has increased to $933.16 per acre as a result of applying the CPI and utility rate increases that have occurred since the original 1997-9B calculation. The CPI rate of increase has ranged from 2% to 5.5% per year over the past ten years. There have also been both water and electric rate increases during the past ten years. This revision of the maximum assessment does not affect the proposed 2007- OB assessment. MAINTENANCE ACTIVITIES ~4-~ ;IS In addition to normal maintenance and utility costs, the budget for 2006-07 included replacement of shrubs in street- side areas. In 2007-08, a structural pruning of street and trail trees is scheduled to take place. Maintenance of most of the Tassajara Creek Trail is now being performed by East Bay Regional Park District (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 2007-08 is as follows: Revenues: Total Amount Proposed to be Assessed: Estimated Interest Revenue: Estimated Prior Year Collections and Penalties: Less Estimated Collection and Delinquency Cost: Net Total Revenues: $231,810 , 4,478 900 (8.577) $228,611 Expenditures: Cost of Maintenance and Utilities Administration and Engineering: Total Operating Expenses: $279,857 2.600 $282,457 Expenditures exceed revenues, and so a portion of the existing reserve in the District will be used to fund approximately $53,846 of the maintenance cost. The reserve balance is expected to be approximately $158,191 at the end of Fiscal Year 2007-2008. It is important to maintain a reserve balance 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. 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 10-day hearing notices that explain the procedure to follow if you want to protest the assessment. The public hearing for the 2007-2008 assessment is July 17, 2007. Unless the assessment is proposed to be increased above the maximum established by the initial Engineer's Report (currently at $933.16 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 notices. The hearings are normally held in late July or early August. ~ 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. The informational meeting will be held in the Program Room of the Library, 200 Civic Plaza, on Julv 10.2007, at 7:00 ".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 following 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, raise concerns, or protest the assessment. CAN THE DISTRICT BE DISSOLVED? Some residents have inquired about the means of cancelling or removing their property from the assessment district. It is theoretically possible to cancel the assessment in anyone year by means of a majority protest (by owners of more than 50% of the property). However, the Alameda County Surplus Property Authority, as developer of the area that is included in the Assessment District, has recorded a Declaration of Conditions, Covenants, and Restrictions (CC&R's) that imposes a "Deed Assessmenr on each parcel in an amount equal 10 the amount of the Landscape M~:':~~ Assessment. The Deed Assessment ensures that the property owners will fund the cost of the specific landscape maintenance that is covered by the Assessment District. The County would then collect the Deed Assessment along with property taxes. The Deed Assessment will only be collected if the Landscape Maintenance Assessment is not collected in a given year. 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 833-6630. 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.