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HomeMy WebLinkAboutItem 6.5 Landscape Light AD 86-1 SUBJECT: ATTACHMENTS: RECOMMENDATION: CITY CLERK File # D[2]~[Q]-[!J~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 15, 2008 Public Hearing: Landscaping and Lighting Maintenance District No. 86-1 (Villages at Willow Creek) 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 Newsletter 2) 3) 1) 2) 3) 4) 5) 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,. ~~ FINANCIAL STATEMENT: 2008-2009 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: $101,236 $ 2,614 $ 573 ($ 2,227) $102,196 Expenditures: Contract Landscape Maintenance: Administration and Engineering: Total Operating Expenses: $105,489 $ 2,705 $108,194 COpy TO: ------------------------------------------------------------------------------------------------------------- Page 1 of2 ITEM NO. 0. '5 G:\ASSESSMENT DISTRICTS\86-1 Dougherty\FY08-09\Public Hearing\86-1 StaffRptHrg2008.doc (\~ As shown, $101,236 is proposed to be assessed to property owners for the 2008-2009 street landscaping maintenance costs. Individual assessments are calculated at $155.38 per single-family home and $77.69 per multi-family parcel. This is a 3.18% increase above the 2007-2008 assessment, which is the Consumer Price Index rate of increase (April 2008) and is allowed under the terms of the Engineer's Report that was approved in 2001. The budgeted cost of maintenance exceeds the projected income for the District; therefore, approximately $5,998 of the District reserve will be used to offset the cost of maintenance. The cash balance at the end of 2008-2009 is estimated at $65,633. DESCRIPTION: This maintenance assessment district was formed in 1986 as part of the review and approval of the Villages at Willow Creek development. This assessment district funds the maintenance of landscaping, including fencing and soundwalls, along the west side of Dougherty Road from Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along Wildwood Road and Fall Creek Road, and certain landscaped areas within the Ridgecreek single-family home development. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association or property owner for those individual developments. The landscaping along and within the Alamo Creek channel area is not included in the assessment district as it is the responsibility of Alameda County Flood Control, Zone 7. In Fiscal Year 2001-2002, the assessment in this District was increased by 54%, as the reserve funds had become depleted and could no longer be used to offset utility and maintenance cost increases. The rate increase was approved by property owners under the terms of Proposition 218. Property owners also approved an escalation clause for future years that allows the assessment to be increased to cover (1) actual increases in utility cost, and (2) inflationary increases in the cost of maintenance, as determined by the Consumer Price Index rate of increase. The latest Consumer Price Index information available prior to development of the budget (April 2008, Bay Area Urban Wage Earners) indicated that the rate of increase is 3.18%; including interest as well as penalties and delinquent payments, the total assessment for 2008-2009 will increase from $95,966 to $99,009. There are no changes in the District boundary or the method of calculating the spread of assessments. In 2007-2008, renovation of the landscaping took place along Willow Creek Drive. For Fiscal Year 2008- 2009, the budget for the upcoming year includes funds for three "annual color" flower changes at entry comers, shrub replacement throughout the district, and replacement of the metal railings along Dougherty Road. A newsletter was mailed to property owners the week of June 16th, and a neighborhood meeting was held on July 1st. There were no attendees at the neighborhood meeting, and Staff has not received any written comments regarding this assessment district. 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 2 of 2- RESOLUTION NO. -08 /OjJ3 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 86-1 (VILLAGES AT WILLOW CREEK) WHEREAS, by its Resolution No. 30-08, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 86-1 (the "District"), this Council designated the City Engineer as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that July 15, 2008, 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 of the City Clerk, which map is made a part hereof by reference thereto. 1 T+-~6'5 7/15/05! ~ ITTICIIENT I..' J) oJ, J2, PASSED, APPROVED AND ADOPTED this 15th day of July, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAINING: Mayor ATTEST: City Clerk G:\ASSESSMENT DISTRICTSI86-1 DoughertyIFY08-09\Public HearingIResolevy-861.doc 2 3 ;;) '/ ?)\ ...: ,r \ CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1986-1 (Villages at Willow Creek) ENGINEER'S ANNUAL LEVY REPORT FISCAL YEAR 2008/2009 INTENT MEETING: June 17,2008 PUBLIC HEARING: July 15, 2008 MuniFinancial Corporate Office: 27368 Via Industria Suite 110 Temecula, C\ 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Office Locations: Lancaster, CA Memphis, TN Oakland, C-\ Orlando, FL Phoenix, AZ Sacramento, CA Seattle, WA www.muni.com ATTAC_ENT A: Jf Cfc)3 / ENGINEER'S REPORT AFFIDAVIT Landscaping and Lighting District No. 1986-1 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 2008/2009 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 td d'YOf~' 2008 On Behalf of the City of Dublin ---- By~kd2~ Melissa '1\. Morton Public Works Director City of Dublin u:::- f n ," 'J ~. 0' "'. I TABLE OF CONTENTS I. OVERVIEW................. ........... .......... ............................. ........... ......... ....... .......... ............... 1 A. INTRODUCTION .................................................................................................................... 1 B. ApPLICABLE LEGISLATION. ............. ........ ... ...... ..... .... .... ... ............. ...... ..... ........ .....................2 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS ..................................5 A. DISTRICT ............................................................................................................................... 5 B. IMPROVEMENTS.................................................................................................................... 5 III. METH OD OF APPO RTI ONMENT .... ........................ ................... ............................ .....6 A. BACKGROUND........................................................................................................................ 6 B. BENEFIT ANALYSIS ............ ................. .... ........... ... ........ .... ......... ........... ... ............................ 6 C. ASSESSMENT METHODOLOGy..... ......... ...... ........................ ......... ........... .... ... ...... ................ 8 D. LAND USE CLASSIFICATIONS. ........ ............... ..... ................................. ............. ......... ............ 8 E.' INFLATIONARY FACTOR APPUED TO MAxIMUM RATE....................................................... 9 IV. D ISTRI CT BUDGET....................... ........................................... ....... ............ ....... ........... 10 A. DESCRIPTION OF BUDGET ITEMS. .......... ..... ............... ............. ...... ........ ..... .......... ...............10 B. D ISTRI CT BUDGET .............................................................................................................. .14 APPENDIX A - DISTRICT BOUNDARY MAP ................................................................... 15 APPENDIX B - 2008/2009 ASSESSMENT ROLL ...............................................................16 to /fr \"",-..,,,,.' City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 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. 1986-1 ("District"). The District was originally formed in 1986 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 2008/2009. 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 2008/2009. MuniFinancial Page 1 /1;) 3 City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 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 this Report as approved by the City Council. B. Applicable Legislation The District has been formed and is annually levied pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and HighwC!Js 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 XIIID 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. MuniFinancial Page 2 {( of. '1 '::.. u ;"\/ C/ \.) City of Dublin Landscaping and Lighting District 1986-1 Engineer's "\nnual Levy Report Fiscal Year 2008/2009 The assessments contained in this Report were imposed in accordance with voter approval pursuant to the establishment of the District and 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 requirements of Article XIIID Section 4. In fiscal year 2001/2002, the assessment in this District was increased by 54%, as the reserve funds had become depleted and could no longer be used to offset utility and maintenance cost increases. Property owners in compliance with Proposition 218 approved the rate increase. The property owners also approved an escalation clause for future years that allows the assessment to increase according to the annual percentage change of the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. Any proposed assessment that exceeds the adjusted maximum assessment rate is considered an increased assessment. Pursuant to the provisions of the 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 property owner protest proceeding. Provisions ofthe 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 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. MuniFinancia/ Page.'> /17 ') 0 . :fD(.) City of Dublin Landscaping and Lighting District 1986-1 Engineer's "-\nnual Levy Report Fiscal Year 2008/2009 6) The maintenance or servlClng, 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. MuniPinancia/ Page .+ 101 c2 3 City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS A. District The District was formed to fund the maintenance of landscaping, including fencing and soundwalls, along the west side of Dougherty Road from Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along Wildwood Road and Fall Creek Road, and certain landscaped areas within the Ridgecreek single-family home development. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association or property owner for those individual developments. 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 Improvements for the District shall include the maintenance and servicing for the following: 1) The median and roadside landscaping along the north side of Willow Creek Drive. 2) Roadside landscaping along Shady Cree Drive within Lots 1, 2, 3, 4, 5, 6, 15, 16, 37,38, and south of Lot 145, all within Tract 5511. 3) Roadside landscaping, wall, fence, and pathway improvements along the west side if Dougherty Road, between Amador Valley Boulevard and the northerly City Limit line, and along the north side of Amador Valley Boulevard, between Dougherty Road and Wildwood Road. 4) Roadside landscaping, fence, and pathway improvements on the west side of Wildwood Road. 5) Roadside landscaping, fence, wall, and pathway improvements on the west side of Dougherty Road and the south side of Amador Valley Boulevard, adjacent to Lot 150. 6) Roadside landscaping, fence, and pathway improvements on the west and north sides of Fall Creek Road. MumFinancial Page S )(cp;):< '1)\ J /\ City of Dublin Landscaping and Lighting District 1986-1 Engineer's "-\nnual Levy Report Fiscal Year 2008/2009 7) Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-way. III. METHOD OF APPORTIONMENT A. Background Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The benefit formula used should reflect the composition of the parcels, and the improvements and services provided, to fairly proportion the costs based on special benefit to each parcel. B. Benefit Analysis Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the Article XIIID. 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 prevention. 5) Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. MuniPinancial Page (, 1 -. '7 C/;i"',p. )-". .~.-"~ ~ 0<..-"" City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 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 aesthetic 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 direcdy 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 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. MuniPinanda/ Page 7 L? ~ ;23 City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 c. Assessment Methodology Each parcel is assigned a factor rate known as an Equivalent Dwelling Unit (EDU) to identify the parcel's proportionate special benefit from the improvements. Each parcel's EDU is calculated based on the parcel's land use. All single-family residential properties are assigned an EDU of 1.00, and all other property types are assigned an EDU proportionate to the special benefits they receive as compared to this single-family residential property. The total EDUs is divided into the total amount to be assessed (Balance to Levy) to establish the Levy per EDU (Rate). This Rate is then multiplied by the parcel's individual EDU to establish the parcel's levy amount. The following table shows the EDU factors for each property type in the District: Property Type Single-Family Residential (SFR) Multi-Family Residential (MFR) Commercial Exempt, Common Open Space, Public Land EDU Factor 1.00 0.50 4.00 0.00 Basis Parcel Unit Parcel Parcel The following formulas are used to calculate each property's assessment: Total Balance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount The formula used reflects the composition of the parcels and properties, and the services provided, to accurately proportion the costs based on estimated special benefit to each parcel. D. Land Use Classifications Every parcel within the District is assigned a land use classification based on available parcel information obtained from the Alameda County Assessor's Office and City records. To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit method of assessment apportionment uses the single-family home site as the basic unit of assessment. A single- family home site equals one Equivalent Dwelling Unit (EDU). Every other land use is converted to EDU's based on an assessment formula that equates the property's specific development status, type of development (land use), and size of the property, as compared to a single-family home site. MuniFinancial Page 1:\ )Lr~r~3 City of Dublin Landscaping and Lighting District 1986-1 Engineer's "\nnual Levy Report Fiscal Year 2008/2009 The EDU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of land use type, size and development. Single-Family Residential (SFR) - This land use identifies properties that are developed for single-family residential use and are assigned a factor of 1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against (i.e. Equivalent Dwelling Unit EDU). Multi-Family Residential - This land use identifies properties that are developed for multi-family use and are assigned a factor of 0.50 EDU per unit. Commercial - This land use identifies properties that are classified for commercial use and are assigned a factor of 4.00 EDU per parcel/lot. Common Open Space, Cemeteries & Other Exempt Property - This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. 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 in an amount equal to the annual percentage increase of the Local Consumer Price Index for "All U rban Wage Earners and Clerical Workers" of the San F rancisco-Oakland-San Jose Area ("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 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. MuniPinancial Page \) 151/3 City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 Utility costs for this year are anticipated to increase at the same rate as that of the Index. The estimated percentage difference for the Index from April 2007 to April 2008 was 3.18%. Therefore, the maximum assessment rate per EDU allowed for fiscal year 2008/2009 has been adjusted from $150.60 to $155.38. The assessment per EDU for the current fiscal year is proposed to be $155.38, an increase of $4.78 over the applied rate from prior fiscal year 2007/2008. 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 roadside frontages and pathways 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 and powering of irrigation systems within the District. Miscellaneous Expenses - The 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. MuniPinancial Page 10 /0 Gjc23 I City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 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 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 pOSIt1ve 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. MuniFinancial Page 11 /1 oj ;23 /\ City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 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. Delinquency Contingency - This is the estimated amount designated for delinquent property tax payments that the County is unable to collect in the 2008/2009 fiscal year. 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 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 boundaries of District, including all levied and 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 EDUs - The total Equivalent Dwelling Units within the District applied to the parcels described above. Applied Levy per EDU - This amount represents the rate being applied to each parcel's individual EDU factor. The Levy per EDU is the result of dividing the "Special Assessment to Levy" by the Total EDUs of the District for the fiscal year. Maximum Levy per EDU (Prior Fiscal Year) - This is the maximum rate per EDU allowed within the District for prior fiscal year 2007/2008, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. MuniFinancial Page 12 IS of d 3 (\ City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 Maximum Levy per EDD (Current Fiscal Year) - This is the maximum rate per EDU allowed 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 Index for April to April of the preceding year. MuniPinancial Page 1.3 1"1 ~d3 City of Dublin Landscaping and Lighting District 1986-1 Engineer's i\nnual Levy Report Fiscal Year 2008/2009 B. District Budget e i1:y of Dublin 2008/09 Budget Worksheet Landscaping and Lighting District No. 1986-1 Fund Number 713 I I . . . Maintenance - Tree Maintenance - Landscape Utilities Water Utilities Electricity Miscellaneous Expenses Sub-Total Direct Costs $15,449.00 65,703.00 22,883.00 1,454.00 0.00 $105,489.00 TOTAL DIRECT $105,489.00 ADMINISTRATIVE COSTS District Adm inistration County per Parcel Fee TOTAL ADMIN $2,705.00 1,667.97 $4,372.97 COLLECTION/(CREDITS) APPLIED TO LEVY TOTAL DIRECT AND ADMIN COSTS Reserve Collection/(Transfer) Capital 1m provem ent Fund Collection/(Transfer) General Fund Loans Repaym ent/(Advances) Delinquency Contingency Other Revenues/General Fund (Contributions) TOTAL ADJUSTMENTS Balance to Levy (Budgeted) $109,861.97 (8,612.00) 0.00 0.00 506.18 0.00 ($8,105.82) $101,756.15 Total Revenue at Maximum Rate Variance above/(below) Maxim um Revenue $101,236.00 $0.00 Applied Charge 101,236.00 DISTRICT STATISTICS Total Parcels Total Parcels Levied Total Equivalent Benefit Units Proposed Levy per Benefit Unit Applied Levy per Benefit Unit 1018 948 651.50 $155.20 $155.38 Maximum Levy per Benefit Unit (Prior Fiscal Year) Maximum Levy per Benefit Unit (Current Fiscal Year) Inflationary Factor Applied to Maximum Rate $150.60 $155.39 3.18% FUND BALANCE INFORMATION Beginning Reserve Fund Balance Reserve Fund Adjustments Interest Anticipated Reserve Balance $71,631.00 -8,612.00 2,614.00 $65,633.00 MuniPinancial Page i-l- cJo O-J ~3 City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 APPENDIX A - DISTRICT BOUNDARY MAP Lan d sea peL j 9 h t j n 9 D j s t r i c t 8 6 - 1 A ._.~_m._~~_-- City of Dublin c::J !A Camp PCHks RFTf\ City of Dublin City 01 Uut:>1ln. Sp'i18r8 ollnlluonC0 '''$--4 "~ oF ".."""",,,, j ./ >:si-fJ Mdl{h 2007 MuniPinancial Page \.S ;2/ oJ:cJ3 City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2008/2009 APPENDIX B - 2008/2009 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 assigned EDU value 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. MuniPinancial Page 16 VILLAGES AT WILLOW CREEK LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 86-1 NEWSLETTER July 2008 c2d ~ ~ 3 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 1986 to maintain certain landscaping improvements within the Villages at Willow Creek development. The following areas are being maintained by the City: . The median and roadside landscaping along the north side of the street for the entire length of Willow Creek Drive. . Roadside landscaping along Shady Creek Drive within Lots 1, 2, 3, 4, 5, 6, 15, 16, 37, 38, south of Lot 145, and at the northerly end of Crossridge Road, all within Tract 5511. . Roadside landscaping, wall, fence, and pathway improvements along the west side of Dougherty Road between Amador Valley Boulevard and the northerly City Limit line, and along the north side of Amador Valley Boulevard between Dougherty Road and Wildwood Road. . Roadside landscaping, fence, and pathway improvements along the west side of Wildwood Road. . Roadside landscaping, fence, wall, and pathway improvements along the west side of Dougherty Road and the south side of Amador Valley Boulevard adjacent to Lot 150. . Roadside landscaping, fence, and pathway improvements along the west and north sides of Fall Creek Road. Other common landscaping improvements not included in the assessment district's scope of work are maintained by the homeowners' associations of individual Villages. Landscaping within the Alamo Creek area is maintained by the Alameda County Flood Control District, Zone 7. The cost of park improvements and park maintenance, including the Alamo Creek Trail, is paid by the City and not charged to the assessment district. PROPOSED ASSESSM ENT The Engineer's Report which was approved by vote of property owners in 2001 allowed for an increase in the annual assessment in order to continue maintenance of the District landscaping at the current level. The approval also included an escalation clause that allows an annual increase in maintenance cost based on the Consumer Price Index (Bay Area Urban Wage Earners) rate of inflation, as well as any actual increases in the cost of utilities. The assessment for 2008-09 is proposed to increase by 3.18%, which is the April 2008 Consumer Price Index (CPI) rate of increase. The proposed assessment for the 2008-2009 Fiscal Year is as follows: Per single family lot: Per multi-family unit or townhouse: Commercial corner: $155.38 $ 77.69 $621.56 ($4.78 increase) ($2.39 increase) ($19.12 increase) 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. PUBLIC HEARING 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 ITTICIIENT 3. c;?3 C0J O? 3 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 2008-2009 assessment will be held at the regular City Council meeting of July 15,2008. 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 Regional Meeting Room of the Civic Center, 100 Civic Plaza, on Julv 1. 2008 at 6:30 p.m. DISTRICT ACTIVITIES The City will continue to utilize TruGreen LandCare as its primary landscape maintenance contractor in this District. MCE Corporation will provide some supervision and irrigation repair services as needed to supplant TruGreen's work, and will take over tree maintenance responsibilities. The District budget for 2008-09 is proposed to be as follows: Revenues: Total Amount Proposed to be Assessed: Estimated Interest Revenue: Estimated Prior Year Collections and Penalties Less Estimated Collection and Delinquency Cost: Net Total Revenues: $101,236 $ 2,614 $ 573 ($2.227) $102,196 Expenditures: Contract Landscape Maintenance and Utilities: Administration and Engineering: Total Operating Expenses: $105,489 $ 2.705 $108,194 Based on the above figures, approximately $5,998 of the existing reserve in this District will be used to offset expenses. The reserve balance at the end of Fiscal Year 2008-2009 is expected to be approximately $65,633. During 2007-08, renovation of the landscaping took place along Willow Creek Drive, including the median and the section of land along Alamo Creek trail. Proposed expenditures for 2008-09 include periodic replacement of flowering annual plants on entry corners, shrub replacement throughout the district, and replacement of the metal manhole railings along Dougherty Road. A portion of the District reserve is being used for this work; as noted above, the projected expenditures exceed projected revenues by $5,998. It is important to maintain a reserve balance in District funds 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 (925) 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 (925) 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 (925) 833-6630.