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Home My WebLink About6.2 Landscape & Light AD 83-2 CITY CLERK File # D~~[Q]-[2J[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 17,2007 SUBJECT: ATTACHMENTS: RECOMMENDATION: A.d 1) lift' 2) ~/ ~3) S8 4) d 5) FINANCIAL STATEMENT: Public Hearing: Landscaping and Lighting District No. 83-2 C~. . (Tract 4719 - Stagecoach Road) Report Prepared by: Erin Lamberger, Administrative Analyst I 1) Resolution approving Engineer's Report, confirming diagram and assessment, and ordering levy of assessment Engineer's Report and Assessment Diagram Informational Newsletter Letter to Residents 2) 3) 4) Open public hearing Receive Staff Report Receive public comment Close public hearing and deliberate Adopt the resolution approving the Engineer's Report, confirming the diagram and assessment, and ordering levy of assessment 2007-2008 Sources and Use of Maintenance Assessment 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 $66,755 1,403 450 0,135) $67,473 Expenditures: Contract Maintenance and Utilities: Administration and Engineering: Total Operating Expenses: COPY TO: $77,167 2,600 $79,767 Page 10f3 ITEMNO.~ O:\ASSESSMENT DISTRICTS\83-2 Stagecoach\FY07-08\Public Hearing\83-2StaffRptHrg 2007.doc fY The calculations include a proposed consumer price index increase of approximately 3.0% over the 2006-2007 assessment. Please see Description below regarding the source and reasons for the requested increase. Based on the above, $12,294 of the reserve will be used to offset the difference between expenses and revenues. DESCRIPTION: In 1983, the City of Dublin formed Landscaping and Lighting Assessment District No. 83-2 for the purpose of maintaining landscaping within Tract 4719. The District originally included Stagecoach Park and Stagecoach Road north of the City Limit, but now includes only roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The maintenance cost for Stagecoach Park, as well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District. The estimated June 30, 2007, reserve for this District is projected to be $48,631. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. The spread of assessments assigns 61.6% of the total assessment to the single-family homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. In 2003-2004, Staff conducted a mailed ballot to all of the property owners in this District proposing an increased assessment in order to maintain and replace certain landscaping improvements. In addition to the 10% increase in assessment rates the proposed Engineer's Report also included an escalation clause for succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. The assessment in the District had not been increased for ten years prior to 2003-2004. The results of the election were in favor of the increase, and the current proposed Engineer's Report includes the approved assessment rates and a cost of living increase of 3.0%, which is within the 3.1 % April 2007 Consumer Price Index. The assessment to single-family property owners in the Dublin Hills Estates development is proposed to be $274.14 per single-family home, an increase of $8.00 over the 2006-2007 assessment. The Amador Lakes Apartments property is proposed to be assessed at a rate of $46.36 per dwelling unit, an increase of$1.36 over the 2006-2007 assessment. This information was previously presented using an earlier version of the district budget; in the previous version, the cost of living increase was stated as 1.3%, the single family property assessment was stated as $269.50, and the apartment dwelling unit assessment was stated as $45.56. This information was found in time to ensure that the accurate information was presented at the July 10, 2007 neighborhood meeting. A revised notice was published and was mailed to the property owners along with a letter explaining the error on July 11, 2007. In 2006-2007, the planter strip along Stagecoach Road between Turquoise Street and South Lake Drive was replanted, the planting test area on Coral Way was replanted, and a retaining wall was constructed at the top of a slope where erosion is occurring. Staffhas included approximately $20,906 in improvements in the Street Tree Maintenance budgets. The proposed work includes replacement of 46 trees and renovation of additional bedding and ground cover areas. Staff will continue to meet with representatives Page 2 of3 of the property owners to determine which improvements are most desirable. It is recommended that the work be accomplished in the fall, when the weather is cooler. Many improvements are needed in this assessment district, and even though there is an existing reserve or surplus at this time, Staff recommends that the Consumer Price Index rate of increase be added each year so that improvements can be made on an ongoing basis. The reserve also serves as a financial cushion to defray the cost of an unplanned event, such as an irrigation mainline break or weather-related damage to plant material. A 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 ~ bV 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 AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD) WHEREAS, by its Resolution No. 6-07, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 83-2 (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 AnAunQ17. cQ 1 e20t PASSED, APPROVED AND ADOPTED this 17th day of July, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAINING: Mayor A TTE.ST: City Clerk G:\ASSESSMENT DISTRICTS\83-2 Stagecoach\FY07-08\Public Hearing\Resolevy-832.doc 2 3~o(~ CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (Tract 4719) ENGINEER'S ANNUAL LEVY REPORT FISCAL YEAR 2007/2008 INTENT MEETING: June 19,2007 PUBUC HEARING: July 17, 2007 MuniFinancial Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-l\1UNI (6864) Fax: (951) 587-3510 Office Locations: Lancaster, CA Oakhnd, C\. Sacramento, CA Phoenix, AZ Orlando, FL Seattle, Wi\. Memphis,1N www.mum.com ATTACIDIEff 2 . ENGINEER'S REPORT AFFIDAVIT Landscaping and Lighting District No. 1983-2 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 of Intention. 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-J;!2 daYOf~2007. On Behalf of the City of Dublin BT-~~t?~ Melissa A. M rton Public Works Director City of Dublin 41 0(,,( S1<<~ TABLE OF CONTENTS I. OVERVIEW.... ............ ..................... .......... ......... ..... ................. .................................. ....... 1 A. INTRODUCTION ............. ........... ~........ ...... ... ......... ......... ...... .... ..... ................. ...... ..... ..... ........ 1 B. APpu CABLE LEGISLATION....... ......... ....... ....... ...... ...... .... .............. ........ ........... ........... .......... 2 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS ..................................5 . A. DISTRI CT ... ................ ................... ...... ..... ........ ...... ............. ................. ...................... ............ 5 B. IMPROVEMENTS. ...... ............. .... ..... ..........,.. ...... ............ ........... ................. .... ..... ....... ... ..... .... 5 III. METHOD OF APPORTIONMENT ..................... ................ .... .......................................5 A. BACKGROUND. ................................................. ................................................................ ...... 5 B. BENEFIT ANALYSIS ............. .............. ................... ....... .... .............. ........................................ 6 C. AsSESSMENT METHODOLOGy........... ...... ............ ........... ................ ........ ......... ............. ........ 7 D. INFLATIONARY FACTOR APPUED TO MAxIMUM RATE......................................................... 7 IV. D I STRI CT BUDGET ........ ............... ........................... ...................................... ..................8 A. DESCRIPTION OF BUDGET ITEMS ........,......:......................................................................... 8 B. DISTRICT BUDGET. ........................ .......... .... ................... ......... ...... ....... ........ ....... ......... .......12 APPENDIX A - DISTRICT BOUNDARY MAP ...................................................................13 APPENDIX B - 2007/2008 ASSESSMENT ROLL ...............................................................14 01 ,),) City of Dublin Landscaping and Lighting District 1983-2 . 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 Landscaping and Lighting District No. 1983-2 ("District"). The District was originally formed in 1983 and is annually levied pursuant to the Landscape and Lighting Act of 1972, Pari 2 of Division 15 of the California Streets and Higbwqys Code ("1972 Act"). A diagram of the boundaries of the District can be found within Appendix A of this document. 1bis 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 prope~ty 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 confirm 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. MlInrFinancial Page 1 '1 0;{ 0<,,( City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report 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 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 thls 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 Highwt!)Is 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 XIIID, 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. Pursuant to Article xnrD Section 4, all property related assessments must comply with certain substantive and procedural requirements unless they meet certain exemptions listed in Article XIIID Section V. MuniFinancia/ Page 1 21 C;?d City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2007/2008 The assessments contained in this Report were imposed in accordance with voter approval pursuant to the establishment of the District. The assessments are imposed to finance capital costs or maintenance and operation expenses for public streets (and all improvements within the street right of way including landscaping). Based on these exempt criteria, the City has determined that the assessments are exempt from the substantive and procedural requiremen.ts of Article XIIID Section 4. In 2003-2004, the City conducted a public hearing that included a mailed ballot to all of the property owners in this District proposing an increased assessment in order to maintain and replace certain landscaping improvements. In addition to a 10% increase in assessment rates, the proposed Engineer's Report also included an escalation clause for succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. At the conclusion of the public hearing, there was no majority protest based on the assessment-weighted ballots received, and the increased assessments were approved by the City CounciL This Report includes the approved assessment rates and an inflationary factor to account for increased cost of living and actual utility cost increases. 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 the substantive and procedural requirements of Article XIIID Section 4, including a prop'erty 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 XIIID. 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 oflandscaping. 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities. 3) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals. 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. MuniFinancia! Page 3 q '1 o?o< City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2007/2008 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 other 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. 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. Compensation of any engineer or 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. MumFillancial Page 4 )0 ~;J ~ City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2007/2008 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS A. District In 1983, the City of Dublin formed the District for the purpose of maintaining street landscaping within Tract 4719. The District originally included Stagecoach Park and Stagecoach Road north of the City Limit, but now includes only roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The maintenance cost for Stagecoach Park, as well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District. 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 maintenance of landscaping and irrigation within the road right-of-way and within a public easement along Stagecoach Road between the limits of Amador Valley Boulevard and the northerly City Limit. Further, the scope of work shall include the maintenance of the slopes and landscaping and irrigation of the slopes within a public easement for those slope areas to the rear of Lots 80 through 86 and 37 through 48, all within Tract 4719. 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 MuniPincmcia! Page 5 )1 ~ 0),;) City of Dublin Landscaping and Lighting District 1983-2 Engineer's .A.nnual Levy Report Fiscal Year 2007/2008 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 1972 Act All the assessed parcels receive direct and special benefits from the improvements 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. 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 of those properties enhanced by the presence of well- maintained landscaping in close proximity to those properties. The special benefits associated with 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 pr~vention. 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 MumFinancia/ Page 6 )~ ~. oI~ City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2007/2008 properties. Furthermore, it has been determined 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 axe 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 incidental. Therefore, it h'as been determined that the improvements and the ongoing maintenance, servicing and operation of th"ose 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 assessment spread for this District shall be calculated as follows: Sixty-one and six tenths percent (61.6%) spread equally among the 150 single-family homes of Dublin Hills Estates; thirty-eight and four tenths percent (38.4%) spread equally among the 553 apartments of Amador Lakes Apartments. Lots 152 and 153, being park and open space, shall have a zero assessment. Lots 154 and 155, being public agency owned, shall have a zero assessment. D. Inflationary Factor Applied to MIDdmum Rate The District assessments include a formula for increasing assessments for each future . fiscal year to offset increases in costs due to inflation and actual utility costs. 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 in an amount equal to the annual percentage increase of the San Francisco-Oakland-San Jose Area Consumer Price Index for "All Urban Wage Earners and Clerical Workers" of ("Index"), plus any actual increase in the cost of utilities (power and water). Each fiscal year the City shall identify the change in the Index for April to April of the preceding MuniFinatuial Page 7 )3 ~ cJ(< City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2007/2008 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 determining 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. Utility costs for this year are anticipated to increase at the same rate as that of the Index. The percentage difference for the Index from April 1006 to April 2007 was 3,07%. Therefore the maximum assessment rates will increase to $274.31 for single-family residential parcels and $46.38 for multi-family residential units within the District. However, the assessment to single-family property owners in the Dublin Hills Estates development is proposed to be $274.14 per single-family home, an increase of $8.00 (3.01%) over the 2006/2007 assessments. The Amador Lakes Apartments proposed to be assessed at a rate of $46.36 per dwelling unit, an increase of $1.36 (3.02%) over the 2006/2007 assessments. 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. Utiiities 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. MumFinancia! Page 8 14 ~ c<~ City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2007/2008 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 preparation 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 per Parcel Fee - The cost to the District for the County to collect assessments of 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, which shall not exceed approximately 50% of the fiscal year costs. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance 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 yea.r as part of the Balance to Levy. A negative number (fransfer) 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 dearly identified under the Fund Balance Information section of the Budget. MumPinondal Page :I I tt:... ('.' (. ''''. '"'I :....;> t.;, ex 0>,' r" City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2007/2008 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 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. Other Revenue/General Fund (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 assessme~ts, 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. MuniPinandal Page 10 )11 ~f <<:2 City of Dublin Landscaping and Lighting District 1983-2 Engineer's i\nnual Levy Report Fiscal Year 2007/2008 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. Balance to Levy for SFR - The total assessment to single-family property owners in the Dublin Hills Estates development. Balance to Levy for MFR - The total assessment to property owners of condominium or apartment units in the Amador Lakes Apartments development. Maximum Levy per SPR (prior Fiscal Year) - This is the maximum rate allowable in fiscal year 2006/2007 to assess single-family property owners within the District. Maximum Levy per MFR (Prior Fiscal Year) - This is the maximum rate allowable in fiscal year 2006/2007 to assess property owners of a multi-family residential unit within the District. Maximum Levy per SFR (Current Fiscal Year) - This is the maximum rate allowable per SFR parcel to assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Maximum Levy per MFR (Current Fiscal Year) - This is the maximum rate allowable per J:vfFR unit to assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Inflationary Factor - Annual percentage increase in the San Francisco-Oakland-San Jose Area Consumer Price Index for "All Urban Wage Earners and Clerical Workers" applies to all cost except water and electricity, plus any additional increase in the utility cost of water and electricity. Each fiscal year the City shall identify the change in the CPI Index for April to April of the preceding year. . MlIniFinancia! Page 11 )1 ~ d;' City of Dublin Landscaping and Lighting District 1983-2 Engjneer's Annual Levy Report Fiscal Year 2007/2008 B. District Budget City ofDllblin ' 2007/2008 Budget Worksheet Landscaping an.d LIghting District No. 1983.2 Fund Number: 711 L'\7-\\ Com: pnnents T()taI :B':'tl:d..:::~t DIRECT COSTS Maintenance - Tree Maintenance ~ Landsca.pe Utilities - Water 11 tilities Electricity Miscellaneous Expenses TOTAL DIRECT $20,906.00 43.39-1.00 12,134.00 733.00 0.00 $77,167.00 \DM INISTRATION COSTS District Adm11~,isrration . Consulting County pet' Parcel Fee TOTALADMIN 52,600.00 1,135.00 $3,735.00 COLLECTION /fCRED1TS} \I'PL1ED TO LEV'! TOTAL DIRECT AND ADMIN COSTS Reserve Cullectton/(Transfer) Capital Improvemcnt Fund Collection/(Tnnsfer) General Fund Loans Repaymcnt/(Advances) Other Re,'cnue/(Contributtons)J TOTAL AD]lJSTMENTS Balance to Levy (Budgeted) $80.902.00 (12,294.00) 0.00 0.00 (1,853.00) ($14,147.00) $66,755.00 Total Revenue atMaximum Rate Variance abov-e/(below) Maximum Revenue $66,795.09 (HO.09) Applied Charge Difference abuve/(bclow) Balance to Levy' $66,758.08 $3.08 DISTRICT STATISTICS Total Parcels Total Parcels Levied Tutal Single Family Residential (SFR) Parcels Tntal Multi-Family Residential (MFR) Parcels 709 703 150 553 Balance to Levy for SFR (61.6U% ofTutal Applied Le\'y) Applied Levy per SFR $41.121.00 $274.14 Balance to Levy for MFR (38.40% of Total Applied Levy) Applied Levy per MFR $25.637.08 $46.36 Maximum. Levy per SFR (PrioT Fiscal Year) Maximum Levy per MFR (Prior Fiscal Year) Maximum Levy per SFR (Current Fiscal Year) Maximum LevyperMFR (Current F,scal Year) InfIat10nary Factor Applied to Ma)c;lmum Rate $266.14 $4 5.00 $274.31 $4 6.38 3.07% . -FUND $ALAN'CE IN;f10R~f,j\'1'lON '. - .'. -' ".~.-- '. _' ,- ,_-- Begmning Rcscn'e Fund Balance Reserve Fund Adjustments Anticipated Reserve Balance $48,631.00 (12,294.00) $36,337.00 I Compri5td DIE slimtJlull"Juul Dnd Prior Year A Jsusmtfff Ptl/ullits; , D iff'''"'' in Bu/un" Ja Ln:y nnd Appli,d Churg' is dn, /. 'D""Jing. MuniPinancia! Page 12 I g f/f... ex" f;, fI"'. City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2007/2008 APPENDIX A - DISTRICT BOUNDARY MAP Landscape Lighting District 83-2 _...___ ----....-.....- City of Dublin c:J 83-2 camp ParKS RFTA CJ City of Dublin c=-...~ City of Dublin. Sphere of Influence ---I" .--------- , ._,-,...".....- \ ( ~_r\.. . -"' .....~\ \, ,. " .\ " " " ''1. \. ... 4- ~'" } ..- - 83~2t '\, ,.. f " "- , . I; ,- t \.~ >4"'- ~, l '" "'"' . J ~ ", '.J! ,';,' f"~~ -~.", ~ ;1' l:-!-'~ ~~ ~"~ ~ ,,.~ f :..: " I t..~Sf..!._! ik*"1!o ""J' /,,- . .. .,.<r ~.._,,-~--- ;,.., ......_~ ,--...M.....__._n_. ~ l"!~ ~ ~- ~~~.,.... .~.,. . ....~.>.. ,.,..<!M' ~W~.. \ II ~. I t l ; \ t ,- , IP i J I ":k". ""'~i ., I l \ \ \-~ , t \ I" ... F t \ , ", ....1 :;",'='""- , \t fIF. ;# \ "... J .~ M,m:h 2007 MuniFinanciof Page 1.'> /'11 c2J . City of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2007/2008 APPENDIX B - 2007/200-8 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 property type, 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-of-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. Mum Financial Page 14 U01 cJr! STAGECOACH ROAD (TRACT 4719) LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NEWSLETTER July 2007 FACTS ABOUT THE ASSESSMENT DISTRICT While the City pays the cost of maintaining the median landscaping through its General Fund for all of the major arterial streets, street-side landscaping that is installed in conjunction with residential or commercial development is maintained either privately by a property owners' association, or by the City and funded through an assessment district. This Assessment District was formed in 1983 to maintain certain landscaping improvements along Stagecoach Road and on the "interior slopes" of the Dublin Hills Estates development (Coral Way and Agate Way). The following areas are maintained by the City as part of this District: . Landscaping and irrigation within the road right-of-way and within a public easement along Stagecoach Road between Amador Valley Boulevard and the northerly City Limit. . Landscaping and irrigation of the slopes within a public easement for those slope areas to the rear of Lots 80 through 86 and 37 through 48 of Tract 4719. These are the "interior slopes" which face houses on Agate Way and Coral Way. The annual landscape maintenance assessment is calculated by dividing estimated maintenance costs for the coming year among residents of the single-family homes of Dublin Hills Estates and the owners of the Amador Lakes Apartments. The single-family homes are assigned 61.6% of the total assessment, divided evenly among the 150 parcels. The Amador Lakes Apartments are assigned 38.4% of the total assessment. The funds collected through assessments are accounted for separately from other City funds. These funds can only be used for specified expenses within the boundaries of the Assessment District. The City is required to notify property owners each year regarding a required public hearing for the Assessment District. State Law requires that this notice be given by means of a notice printed in a local newspaper and posted in official City posting locations. A copy of the public hearing notice is included with this newsletter as a courtesy. The public hearing regarding the 2007-2008 assessment will be held at the regular City Council meeting of July 17, 2007. The meeting begins at 7:00 p.m. in the Council Chambers of the Dublin Civic Center. ~ City Staff has scheduled an informational meeting prior to the Public Hearing in order to provide an opportunity to answer questions and address concerns in an informal setting. The informational meeting will be held in the Program Room of the Library, 200 Civic Plaza, on Julv 10.2007 at 6:00 p.m. RECOMMENDED ASSESSMENT Prior to 2003, the assessment in this District had not been increased for 10 years. In 2003-2004, the City proposed to increase the assessment in this District by 10% in order to fund the cost of additional fertilization and plant material. As required by law, a vote of the property owners was conducted, and the 10% increase was approved. The approval also included an escalation clause that would allow the maintenance cost to be increased each year based on the Consumer Price Index (Urban Wage Earners). The cost of utilities may increase based on the actual cost of the ,,';qg;:';;';~"'f,:, utilities. The assessment for 2007-08 is proposed to increase by 1i;9o/~ which is within the 3.1 % April 2007 Consumer Price Index (CPI), resulting in the following proposed assessment: per single family lot (an increase of """' per apartment dwelling unit (an increase of $11.) ATTACHMENT 3 d?/ ~ cJel MAINTENANCE ACTIVITIES The City will continue to utilize TruGreen LandCare as its primary maintenance contractor in this District. MCE Corporation will provide some supervision and irrigation repair services as needed to supplant TruGreen's work. The District budget for 2007-08 is proposed to be 8S 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 $66,755 1,403 450 (1.135) $67,473 Expenditures: Contract Maintenance and Utilities: Administration and Engineering: Total Operating Expenses: $77,167 2.600 $79,767 Based on the above, approximately $12,294 of the existing reserve will be used to offset expenses. The res.erve balance at the end Fiscal Year 2007-2008 is expected to be approximately $36,337. During 2006-07, a committee consisting of City staff and homeowners reviewed possible locations for landscape improvement as well as types of plant material. The planter strip along Stagecoach Road between Turquoise Street and South Lake Drive was replanted, the planting test area on Coral Way was replanted, and a retaining wall was constructed at the top of a slope where erosion is occurring. The projected expenses for 2007-08 include approximately $20,900 in improvement items, which would include replacement of 46 trees and a continuation of the replanting project in bedding and ground cover areas. It is proposed to use a portion of the reserve in the District to accomplish the improvements. It is important to continue 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. 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. /.'i6f75ii' tJ)~~~p ff~I~\\ll -\~6 ~~)i/ ~~~~ CITY OF DUBLIN "Celebrating 25 Years Of City hood 1982-2007" 100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us July 10, 2007 Dear Resident: A newsletter containing information regarding Landscape Maintenance Assessment District 83-2 (Stagecoach Road) was recently mailed to your address. This letter stated that the assessment for FY2007-08 was proposed to increase from FY2006-07 by 1.3%, translating into an assessment of$269.50 for single family lots (an increase of$3.36 from last fiscal year) and $45.56 for apartment dwelling units (an increase of$0.56 from last fiscal year). This increl:J,se is due to an escalation clause that allows the maintenance cost to be increased each year based on the Consumer Price.Index (Urban Wage Earners). Unfortunately, the information reported in the newsletter was incorrect. The correct assessment for FY2007-08 is scheduled to increase from FY2006-07 by 3.0%, which is still within the 3.1 % April 2007 Consumer Price Index. This corrected increase translates . into an assessment of$274.14 for single family lots (an increase of$8.00 from last fiscal year) and $46.36 for apartment dwelling units (an increase of$1.36 from last fiscal year). An amended notice reflecting the appropriate assessment is enclosed. The City of Dublin apologizes for any inconvenience the erroneous information may have caused you. Please feel free to contact me at (925) 833-6630 with any questions. Sincerely, Melissa Morton Public Works Director Enclosed: Amended Notice of Assessment MM/el AnAUDDT q Area Code (925) . City Manager 833-6650 . City Council 833-6650 . Personnel 833-6605 . Economic Development 833-6650 Finance 833-6640 . Public Works/Engineering 833-6630 . Parks & Community Services 833-6645 . Police 833-6670 Planning/Code Enforcement 833-6610 . Building Inspection 833-6620 . Fire Prevention Bureau 833-6606 Printed on Recycled Paper