HomeMy WebLinkAboutItem 4.14 Landscape Maint AD 97-1
CITY CLERK
File # D~[z;][Q]-[2J[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 19, 2007
SUBJECT:
Landscaping Maintenance Assessment District 97-1
(Santa Rita Area) - Preliminary Engineer's Report 'Jr "'~
Report Prepared by Melissa Morton, Public Works Direct1 ' 'I'
ATTACHMENTS:
1)
2)
3)
Resolution Approving Preliminary Engineer's Report
Resolution Appointing Time and Place of Hearing Protests
of Proposed Assessments (July 17,2007)
Preliminary Engineer's Report
RECOMMENDATION:#
jf
FINANCIAL STATEMENT:
Adopt the resolutions approving the preliminary Engineer's Report
and setting a public hearing date and time of July 17, 2007, for the
purpose of hearing protests to the proposed 2007-2008 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:
$279,857
2.600
$282,457
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
COPY TO:
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ITEMNO.~
g:\assessdist\97 -1 \97 -1 staffrptintent2006
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 fiscal 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 - Kaufman & Broad and Pulte lots:
Dublin Greene Tract 7084 single-family lots:
Dublin Greene Tract 7149 multi-family units
Dublin Greene Tract 7149 condominium/apartment units
$78.20 per lot
$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 2007-08 has been increased by the CPI and utility rate changes
for 2007. This does not have any effect on the annual assessment for 2007-08 but does revise the current
ceiling to $933.16 per acre.
Staff intends to send the informational newsletter and schedule a property owner meeting for this District
prior to the public hearing. The informational newsletter, which includes a table showing current and
Page 2 of3
maximum assessment numbers, will provide details regarding the increase in maximum assessment for
each individual residential tract.
Staff recommends that the City Council adopt the resolutions approving the preliminary Engineer's
Report and setting a public hearing date and time of July 17, 2007, for the purpose of hearing protests to
the proposed 2007-2008 assessment.
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Irj~.
RESOLUTION NO. -07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING PRELIMINARY ENGINEER'S REPORT,
LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA)
WHEREAS, by its Resolution No. 8-07, a Resolution Initiating Proceedings for
Landscaping Maintenance Assessment District No. 1997-1 (Santa Rita Area) (the "District"), this Council
designated the Public Works Director 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 Engineer of Work has made and filed with the City Clerk a preliminary
report in writing as called for in said Resolution No. 8-07 and under and pursuant to said Act, which
report has been presented to this Council for consideration; and
WHEREAS, said Council has duly considered said report and finds that each and every
part of said report is sufficient; and that said report neither requires nor should be modified in any respect;
NOW, THEREFORE, BE IT RESOLVED
a) That the Engineer's estimate of the itemized and total costs and expenses of maintaining
said improvements and of the incidental expenses in connection therewith, as contained in said report be,
and each of them are hereby preliminarily approved and confirmed;
b) That the diagram showing the assessment district, description of the improvements to be
maintained, and the boundaries and dimensions of the respective lots and parcels of land within said
District, as contained in said report be, and it is hereby preliminarily approved and confirmed;
c) That the assessment ofthe total amount of the cost and expenses of the proposed
maintenance of said improvements upon the severallots and parcels of land in said District in proportion
to the estimated benefits to be received by such lots and parcels, respectively, from said maintenance, and
ofthe expenses incidental thereto, as contained in said report be, and they are hereby preliminarily
approved and confirmed.
PASSED, APPROVED AND ADOPTED this 19th day of June, 2007.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
AnA.it 1
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RESOLUTION NO. -07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPOINTING TIME AND PLACE OF HEARING PROTESTS
IN RELATION TO PROPOSED ASSESSMENTS
LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA)
WHEREAS, by its Resolution No. 8-07, a resolution directing preparation of annual report
for City of Dublin Landscaping Maintenance Assessment District 1997-1 (the "District"), this Council
designated the Public Works Director as Engineer of Work and ordered that 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 Engineer of Work has made and filed with the City Clerk a preliminary
report in writing as called for in said Resolution No. 8-07, and under and pursuant to said Act, which
report has been presented to this Council for consideration; and
WHEREAS, said Council has duly considered said report and each and every part thereof,
and finds that each and every part of said report is sufficient;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED,
PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:
Section 1 Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of
the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy
and collect assessments on all such land to pay the annual costs of the improvements. The City Council
finds that the public's best interest requires such levy and collection.
Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously
defined in the formation documents of the original District, within the boundaries of the City of Dublin,
within the County of Alameda, State of California.
Section 3 Description of Improvements: The improvements within the District may include operation,
maintenance, acquisition and servicing of street lighting and appurtenant facilities within the boundaries
of the District. Services provided include all necessary service, operations, administration and
maintenance required to keep the improvements in a satisfactory operating condition.
Section 4 Proposed Assessment Amounts: For Fiscal Year 2007-2008, the proposed assessments are
outlined in the Engineer's Report which details any changes or increases in the annual assessment.
Section 5 Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing
annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626
of the Act.
Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property dwners
in the District by causing the publishing of this Resolution once a week in a local newspaper published
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and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the
Public Hearing, and by posting a copy of this Resolution in official posting locations customarily used by
the City Council for the posting of notices. Any interested person may file a written protest with the City
Clerk prior to the conclusion ofthe Public Hearing, or, having previously filed a protest, may file a written
withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a
property owner shall contain a description sufficient to identify the property owned by such property
owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be
heard.
Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will
be held by the City Council on Tuesdav. Julv 17. 2007. at 7:00 p.m. or as soon thereafter as feasible in
the City Council Chambers, located at 100 Civic Plaza, Dublin.
Section 8 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by
law.
PASSED, APPROVED, AND ADOPTED this 19th day of June, 2007.
AYES:
NOES:
ABSENT
Mayor
ATTEST:
City Clerk
2
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CITY OF DUBLIN
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
NO. 1997-1
(SANTA RITA AREA)
ENGINEER'S ANNUAL LEVY REPORT
FISCAL YEAR 2007/2008
INTENT MEETING: June 19,2007
PUBLIC HEARING: July 17, 2007
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ATTAUIDIENT 3.
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1'~.
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 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
day of
,2007.
On Behalf of the City of Dublin
By:
Melissa A. Morton
Public Works Director
City of Dublin
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TABLE OF CONTENTS
I. OVE RVIEW ....................................................................................................................... 1
A. INTRODU CTI ON .............................................................................................................. ...... 1
B. APPLI CABLE LEGISLA TI ON.................................................................................................... 2
II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS ..................................4
A. DISTRICT ..................................................................................................................... .......... 4
B. IMPROVEMENTS.................................................................................................................... 4
III. METHOD OF APPO RTI ONMENT .... ............ ..... ......... .......... ................ ........................5
A. BACKGROUND........................................................................................................................ 5
B. BENEFIT ANALYSIS ........................................................................... .................................... 5
C. AsSESSMENT METHODOLOGY ........................................................................ ...................... 7
D . RATE CLASSIFICATIONS......................................................................................................... 8
E. INFLATIONARY FACTORAPPUED TO MAxIMUM RATE........................................................ 8
IV. D ISTRI CT BUDGET.. .......................... ......... .......... ............. ...... ......... .......... ....... ..... ...... 10
A. DESCRIPTION OF BUDGET ITEMS................................. ....................................... ............... .10
B. DISTRICT BUDGET .............................................................................................................. .14
APPENDIX A - DISTRICT BOUNDARY MAP ...................................................................15
APPENDIX B - 2007/2008 ASSESSMENT ROLL ............................................................... 16
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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 originally 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. This 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 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.
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
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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 rif 1972, Part 2 rif Division 15 rif the California Streets and Highwq)'s 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 XIllC and XllJD, 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 determined
that the assessments are compliant with the substantive and procedural requirements of
Articles XIllC and Article XIllD 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
XllID, all new or increased assessments (the incremental increase) are subject to both
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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 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 of landscaping.
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.
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.
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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. 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.
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 lighting, 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:
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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, exclucling 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 1-
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 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 meclian 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 clistributes 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 clirect 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 conclition.
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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 close 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 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 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
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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
acre, 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.
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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:
Rate
Basis
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
$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
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City of Dublin
Landscape ]\faintenance 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 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.
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 in Utility 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% 722.4 1 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
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City of Dublin
Landscape Maintenance Assessment 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 servlces 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 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
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
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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 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
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
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City of Dublin
Landscape Maintenance Assessment District 1997-1
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.
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City of Dublin
Landscape Maintenance Assessment District 1997-1
Engineer's Annual 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
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dfJ ~02~
City of Dublin
Landscape Maintenance Assessment District 1997-1
Engineer's "'\nnual Levy Report
Fiscal Year 2007/2008
B. District Budget
, ' "', &it ':ilUihdlll. ' 1?j'rii ''1; "0
> t:1 ~ ..d
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
$41,100.00
187,171.00
51,084.00
502.00
0.00
$279,857.00
ADMINISTRATION COSTS
District Administration - Consulting
County per Parcel Fee
TOT AL ADM IN
$2,600.00
3,940.69
$6,540.69
COLLECTION/(CREDITS) APPLIED TO LEVY
TOTAL DIRECT AND ADMIN COSTS
Reserve Collection/ (Transfer)
Capital Improvement Fund Collection/(Transfer)
General Fund Loans Repayment/ (Advances)
Delinquency Contingency
Other Revenue/ (Contributions)'
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
Variance above/(below) Maximum Revenue
$393,322.06
($170,089.06)
Levy at Applied Rate
Difference above/ (below) Balance to Levy2
$231,805.18
($4.61)
DISTRICT STATISTICS
Total Parcels
Total Parcels Levied
Total Developed Acreage
Applied Levy per Acre
975
975
421.49
$549.98
Maximum Levy per Acre (Prior Fiscal Year)
Maximum Levy per 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
Anticipated Reserve Balance
$212,037.00
(53,846.00)
$158,191.00
1 Compri.red of"Estimated Interest and Prior Year As..-essment PenaltieJ.
J Difference in Balance to Let!y and Applied Charge is dtle to rot/nding.
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City of Dublin
Landscape Maintenance Assessment District 1997-1
Engineer's Annual Levy Report
Fiscal Year 2007/2008
APPENDIX A - DISTRICT BOUNDARY MAP
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City of Dublin
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-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
litde or no benefit from the improvements and are therefore exempted from assessment.
Page 16
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