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HomeMy WebLinkAbout4.07 Citywide Street Lighting Maintenance AssessmentG~~.L OF Dp~~~ ~ i9`~;~~~ STAFF REPORT C I T Y C L E R K ``~ ~ ~ DUBLIN CITY COUNCIL File # ^~3 ~O^~-~0 ~LIFOR~ DATE: May 18, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE . Preliminary Engineer's Reports: Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067) Prepared By: Erin Steffen, Administrative Analyst EXECUTIVE SUMMARY: This action approves the Preliminary Engineer's Report for the 2010-11 assessment and sets a public hearing date of June 15, 2010 or as soon thereafter as feasible. Citywide Street Lighting Maintenance District 83-1 pays the cost of energy and maintenance for the City's street light system, except for the lights included in Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067). Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road) pays the cost of utilities and maintenance for landscaping improvements along Stagecoach Road and on the "interior slopes" of the Dublin Hills Estates development. Landscaping and Lighting Maintenance Assessment District No. 86-1 (Villages at Willow Creek) pays the cost of utilities and maintenance for certain landscaping improvements associated with the Villages at Willow Creek development. Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area) pays the cost of utilities and maintenance for certain landscaping improvements within the Santa Rita development area. FINANCIAL IMPACT: A complete description of beginning balances and the revenue and expenditures is provided as an attachment (Attachment 1) to the Staff Report. Revenue and Expenditures for each Assessment District are tracked separately. It will be important to examine reserve levels to support costs in future years as all five Assessment Districts will be using reserve revenues during Fiscal Year 2010/11. SUMMARY PRELIMINARY ASSESSMENT DISTRICT 2010/2011 REVENUE & EXPENDITURES Citywide Stagecoach Rd Dougherty Rd Santa Rita East Dublin (St Light) Landscape 83-2 Landscape Landscape (St Light) 83-1 86-1 97-1 99-1 ~ ~ ; ,~~ ; ~!i/~ ~' ~ ~~ ~ ~ ~~-~ ~~ ~ ~ ~ \ ~ ~. . .. ~~~~.~ ~ ~ ~ ,~ /i/k( ~ i, ~ ~'~: .i~ ~ q \ ~~;) ~ i~i '~(Y -./, ~~1~~i~~g~#~~ >. . : ~ ~ ~ y:~l ~ ~ ~..._ ~ . ~ ~ ~ ' ~ ~ ~ ~ .: ~ ~a7 ~~F~ ' 1 ~. S~ f ~` T " .~ ) ~ ~ ~i ~ ~£ 11/ i~S Sl ~ . t~~°,d' p,~ ~~~J ~~~4~' ~ ~ ...A ~.. ~! ~,~ .' . ....; . ... ,S~'.~a~. ~.~VlllYi t ... ~ 5 ~ .... S~•. a~ i~ t.._v ~)~. ~~ ~ K ~ „i Use of Reserves $ 21,438 $ 4,696 $ 4,203 $ 35,617 $ 26,148 Page 1 of 8 ITEM NO. ~• RECOMMENDATION: Adopt resolutions approving the preliminary Engineer's Report and setting a public hearing date and time (June 15, 2010, 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at 100 Civic Plaza, Dublin) for the purpose of hearing protests to the proposed Fiscal Year 2010-2011 assessments for: Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District No. 86-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); and Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067) ~ bmitted y Public orks Manager ~. C~~ Reviewed By Administrative Services Director Revi d By Assistant City Manager DESCRIPTION: The proposed resolutions approve the Preliminary Engineer's Reports for the finro street lighting maintenance assessment districts and the three landscaping and lighting maintenance assessment districts described below for Fiscal Year 2010-2011 and set a public hearing date for each assessment district on June 15, 2010 or as soon thereafter as feasible in the City Council Chambers, located at 100 Civic Plaza, Dublin. Due to the delayed release of the April 2010 CPI percentage increase to the public, the February 2010 CPI increase of 2.423% was used in assessment districts where the maximum assessment is impacted by the April CPI. The Engineer's Reports presented at the public hearings in June 2010 will include the correct April CPI. Citywide Street Lightinq Maintenance Assessment District 83-1 This assessment district was established in 1983 to replace the County Service Area, which had paid maintenance and energy costs for public street lights within the City of Dublin. The boundary of this assessment district encompasses the entire City, with the exception of Dublin Ranch and Tract 7067, the Clifden Parc development in the western hills. On August 13, 1984, the City Council approved the annual Engineer's Report and ordered levy of assessments for the first time. In 1995-1996, the City of Dublin and other agencies in Alameda County took possession of PG&E-owned street lights in order to reduce maintenance costs. The 1996-19~97 assessments were reduced from the 1995-1996 level of $19.34 by 30% to $13.26. For 2002-2003, the assessment was increased from $13.26 to $16.84 in order to fund increased utility costs and the first two years of a phased four-year Capital Improvement Project to replace deteriorated poles in older subdivisions. The first and second years of the project were funded by this Street Light Maintenance Assessment District. While the third year of the pole replacement project was funded entirely by the General Fund, $75,000 of the cost of the fourth and final year of the pole replacement project was also funded by Assessment District 83-1. The balance of the fourth phase cost was paid from the General Fund. This pole replacement project is now complete. Page 2 of 8 Due to an increase in the cost of providing utilities and maintenance to the assessment district, the reserve in Fiscal Year 2007-2008 was nearly depleted. In order to rebuild the reserve, the Fiscal Year 2007-2008 assessment increased from $16.84 to its former level of $19.34. $19.34 is the maximum assessment allowed in the assessment district under the existing Engineer's Report. The majority of the streetlight poles maintained in this district are comprised of galvanized steel and require no painting; however, a portion of the streetlight poles within this district require routine painting maintenance on a ten-year cycle. As noted in the Preliminary Engineer's Report (Attachment 2), a portion of the reserve may be set aside each year for future pole painting costs. Collection of prior year assessments, as well as penalties and reimbursement for public damages, are listed separately from the calculation of the current year assessment. These revenues are estimates based on previous year's collections and may not come to fruition. An operating reserve of approximately $137,812 is projected to remain at the end of Fiscal Year 2010-2011. This reserve is commensurate with the amount allowed by State Law (Proposition 218), which permits a reserve of up to 50% of the operating cost for the District. It is recommended that this type of reserve be retained for potential unplanned expenditures such as major repairs and/or for replacement of poles in future years. Staff is proposing that the City Council adopt the resolution approving the Preliminary Engineer's Report for AD 83-1 (Attachment 3) and appointing the time and date for Hearing Protests of the Proposed Assessment (Attachment 4). Landscaping and Lightinq Maintenance Assessment District 83-2 (Staqecoach Road) As part of the review and approval of the 150-unit single-family Dublin Hills Estates development and the Amador Lakes development, certain landscaping maintenance was made a condition of approval. This maintenance assessment district provides the funds for this work. The District's boundaries include all of Tract 4719. The District maintains all of the Stagecoach Road landscaping and the "interior slope" landscaping within Tract 4719. In 1989, the City Council deleted Stagecoach Park from the assessment district; the City now bears the cost of maintaining this small park. The spread of assessments assigns 61.6% of the total assessment to the single-family homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. In Fiscal Year 2003-2004, Staff conducted a mailed ballot to all of the property owners in this District proposing an increased assessment in order to maintain and replace certain landscaping improvements. In addition to the 10% increase in assessment rates, the proposed Engineer's Report also included an escalation clause for succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utitities. The assessment in the District had not been increased for ten years prior to Fiscal Year 2003-2004. The results of the election were in favor of the increase, and the current proposed Engineer's Report (Attachment 5) includes the approved assessment rates and a cost of living increase of 2.423%, which is the February 2010 Consumer Price Index. The assessment to single-family property owners in the Dublin Hills Estates development is proposed to be $290.60 per single- Page 3 of 8 family home, an increase of $6.88 over the 2009-2010 assessment. The Amador Lakes Apartments property is proposed to be assessed at a rate of $49.13 per dwelling unit, an increase of $1.17 over the 2009-2010 assessment. In Fiscal Year 2009-2010, work in the assessment district included replacement of retaining walls along Stagecoach Road, the placement of bark groundcover in the landscaped areas around Quartz Circle and Jade Circle, and planting along Corral Way and the Stagecoach Road median. Staff has included $3,710 in improvements in the Street Landscape Maintenance budget for Fiscal Year 2010-2011. The proposed work includes slope stabilization with the seeding of hard fescue at the corner of Agate Way and Jade Circle, groundcover replacement along Stagecoach Road, and wooden retaining walls replacement with brick masonry walls along Stagecoach Road. Staff has made itself available to meet with representatives of the property owners to determine which improvements are most desirable. Many improvements are needed in this assessment district, and even though there is an existing reserve or surplus at this time, Staff recommends that the Consumer Price Index rate of increase be added each year so that improvements can be made on an on-going basis. The reserve also serves as a financial cushion to defray the cost of an unplanned event such as an irrigation mainline break or weather-related damage to plant material. Collection of prior year assessments as well as penalties and reimbursement for public damages are listed separately from the calculation of the current year assessment. These revenues are an estimate based on previous years' collections and may not come to fruition. The estimated June 30, 2011, reserve for this District is projected to be $18,417. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff will be scheduling a neighborhood meeting for property owners prior to the public hearing date for this District. Staff is proposing that the City Council adopt the resolution approving the Preliminary Engineer's Report for AD 83-2 (Attachment 6) and appointing the time and date for Hearing Protests of the Proposed Assessment (Attachment 7). Landscapina and Liahtinq Maintenance Assessment District No. 86-1 (Villages at Willow Creek~ This assessment district maintains roadside and median landscaping associated with the Villages at Willow Creek development off Dougherty Road. As part of the review and approval of the 145-unit single family development (Ridgecreek) and the other multifamily Villages, certain landscaping maintenance was made a condition of approval. In tieu of forming a homeowners' association to perForm landscape maintenance, the developer requested formation of this assessment district. Activities include litter pickup, maintenance of soundwalls, and landscaping along Dougherty Road between Amador Valley Boulevard and Fall Creek Road; along Amador Valley Boulevard befinreen Dougherty Road and Wildwood Road; and along Wildwood Road, Fall Creek Road, Shady Creek Drive and Willow Creek Drive. 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. Page 4 of 8 The City Counci~ approved formation of this District on November 10, 1986, with the initial assessment in the 1987-1988 tax year. In Fiscal Year 2001-02, the assessment in this District was increased by 54%, as the reserve funds had become depleted and could no tonger be used to offset utility and maintenance cost increases. The rate increase was approved by property owners under the terms of Proposition 218. The 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 (February 2010, Bay Area Urban Wage Earners) indicated that the maximum rate of increase is 2.423%. However, the reserve funds must be reduced in order to remain compliant with the terms of Proposition 218. Therefore, the preliminary Engineer's Report (Attachment 8) calls for no increase in the proposed assessment for 2010-2011 over the Fiscal Year 2009-2010 assessment and it will remain at $99,301. There are no changes in the District boundary or the method of calculating the spread of assessments. The individual assessments are calculated at $155.86 per single-family home and $77.93 per multi-family parcel. The district reserve balance at the end of Fiscal Year 2009-2010 is estimated at $81,867. In Fiscal Year 2009-2010, improvements to the district included three "annual color" flower changes at entry corners, placement of bark along Dougherty Road, shrub replacement throughout the district, and replacement of the retaining walls along Dougherty Road. For Fiscal Year 2010-2011, the budget for the upcoming year includes the replacement of missing or dead plants along Dougherty Road and Fall Creek Road as well as in the medians afong Willow Creek Drive and Fall Creek Road, the replacement of bark on the City Right of Way along Fall Creek Road, and three "annual color" flower changes at entry corners. Staff witl be mailing out a newsletter and scheduling a neighborhood meeting prior to the public hearing date. Collection of prior year assessments as well as penalties and reimbursement for public damages are listed separately from the calculation of the current year assessment. These revenues are an estimate based on previous years' collections and may not come to fruition. The estimated June 30, 2011, reserve for this District is projected to be $77,664. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff wilf be scheduling a neighborhood meeting for property owners prior to the public hearing date for this District. Staff is proposing that the City Council adopt the resolution approving the Preliminary Engineer's Report for AD 86-1 (Attachment 9) and appointing the time and date for Hearing Protests of the Proposed Assessment (Attachment 10). Landscapinq and Liqhtinq Maintenance Assessment District 97-1 (Santa Rita Area) This assessment district funds street landscape maintenance and utility costs for the Santa Rita development area. The 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 scope of work includes maintenance of roadside landscaping for Dublin Boulevard, Hacienda Drive, Central Page 5 of 8 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. The median landscape maintenance is not included in this District. This assessment district was formed in 1996 at the request of the Alameda County Surplus Property Authority, which was the only property owner in the District at that time. The initial assessment was levied in Fiscal Year 1997-1998. The total developed acreage in this District is 421.87 acres, which breaks down to a per-acre assessment of $656.18, an increase of $31.24 over the prior year's assessment. 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 of lots, and the resulting quotient is the assessment per lot. For Fiscal Year 2010-2011, the following assessments resulted from this calculation: California Creekside single-family lots: $ 93.30 per lot California Brookside multi-family units: $ 40.42 per unit SummerGlen - Richmond American (north) lots: $ 81.70 per lot SummerGlen - Richmond American (south) lots: $ 89.90 per lot SummerGlen - Kaufman & Broad lots: $125.10 per lot SummerGlen - Pulte lots: $156.98 per lot Dublin Greene Tract 7084 single-family lots: $ 98.82 per lot Dublin Greene Tract 7149 multi-family units $ 74.40 per unit Dublin Greene Tract 7149 condominium/apartment units $ 38.78 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 updated in the Engineer's Report on an annual basis. The maximum in the Engineer's Report for Fiscal Year 2010-2011 has been increased by the CPI and utility rate changes for 2010 to $1,031.37 per acre. According to the Engineer's Report, the annual assessment rate must be tess than the maximum assessment. The scope of work for Fiscal Year 2009-2010 included shrub renovation along Dublin Blvd between Hibernia Drive and Glynnis Rose Drive, and shrub replacement on Central Parkway between Hibernia Drive and Glynnis Rose Drive, plus the maintenance of the trail and landscaping along the Tassajara Creek channel, as delineated on Page 4 of the Engineer's Report (Attachment 11). For Fiscal Year 2010-2011, shrub replacement will continue on Central Parkway between Hibernia Drive and Glynnis Rose Drive, and plant replacement will take place in the medians and along the soundwall bedding on Dublin Boulevard. Collection of prior year assessments as well as penalties and reimbursement for public damages are listed separately from the calculation of the current year assessment. These revenues are estimates based on previous years' collections and may not come to fruition. Page 6 of 8 The estimated June 30, 2011, reserve for this District is projected to be $119,955. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff will be mailing out a newsletter and scheduling a neighborhood meeting prior to the public hearing date. The informational newsletter, which includes a table showing current and maximum assessment numbers, will provide details regarding the increase in maximum assessment for each individual residential tract. Staff is proposing that the City Council adopt the resolution approving the Preliminary Engineer's Report for AD 97-1 (Attachment 12) and appointing the time and date for Hearing Protests of the Proposed Assessment (Attachment 13). Street Liqhting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067) Assessment District 99-1 funds the electric energy, maintenance, and repair costs associated with the decorative street lighting that has been installed in the Dublin Ranch development and also in Tract 7067 (Clifden Parc) off Mountain Rise Place. This assessment district was formed in 1999 at the request of the developers in Dublin Ranch, which were the only property owners in the District at that time. The initial assessment was levied in Fiscal Year 1999-2000. Dublin Ranch Areas A and G were annexed into the District during Fiscal Year 2001-2002. The remaining portions of Dublin Ranch, including Areas B, C, F and H, were annexed in December of 2005 and were therefore a part of this District for the 2006-2007 assessment. For Fiscal Year 2010-2011, no change is recommended with respect to the method of determining the assessments. The assessment for a single-family residence is proposed to be $38.90, which is the same rate per individual lot as the Fiscal Year 2009-2010 assessment. This amount is within the maximum assessment allowed by the initial Engineer's Report for the District, and is needed to fund increases in power and maintenance costs, as well as increases in inventory. For the first several years of operation, this District did not incur a significant maintenance cost; however, as these lights age, the number of repairs is increasing. As noted in the Preliminary Engineer's Report, a portion of the reserve is being set aside each year for future street light pole painting costs. As poles are expected to need repainting on a ten-year cycle the City will being using the reserves to conduct a pole painting capital improvement process in Fiscal Year 2010-2011. As noted in the Preliminary Engineer's Report (Attachment 14), a portion of the reserve may be set aside each year for future pole painting costs. The reserve allowed shall not be more than 50% of the annual maintenance cost, and it is recommended that the reserve be kept at that level in order to have funds available for emergency repairs such as a major underground electric line break or a series of pole or fixture failures. A rate increase took place in Fiscal Year 2006-2007 in order to maintain the reserve at an adequate level. The original Engineer's Report for this District prepared in 1999 provided for a maximum assessment of $34.22 per parcel, which could be increased annually based on the Consumer Price Index (CPI), as well as actual increases in the cost of utilities. In Fiscal Year 2009-2010, the maximum assessment was increased from $44.17 to $44.31. The Engineer's Report (Attachment 14) includes a chart which details the CPI and utility increases for each successive year. The February 2010 CPI rate of increase for San Francisco Bay Area Urban Wage Earners was 2.423%. The maximum assessment has therefore been adjusted by 2.423% to $45.38. Page 7 of 8 Collection of prior year assessments as well as penalties and reimbursement for public damages are listed separately from the calculation of the current year assessment. These revenues are an estimate based on previous years' collections and may not come to fruition. The estimated June 30, 2011, reserve for this District is projected to be $206,704, including the portion set aside for pole painting costs. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff is proposing that the City Council adopt the resolution approving the Preliminary Engineer's Report for AD 99-1 (Attachment 15) and appointing the time and date for Hearing Protests of the Proposed Assessm~nt (Attachment 16). NOTICING REQUIREMENTS/PUBLIC OUTREACH: Following the City Council's approval of the preliminary reports, a public hearing for each street lighting maintenance assessment district and landscaping and lighting maintenance assessment district will be scheduled as required. ATTACHMENTS: 1. 2010-2011 Preliminary Sources and Use of Assessment District Funds 2. Preliminary Engineer's Report for AD 83-1 3. Resolution Approving Preliminary Engineer's Report for AD 83-1 4. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 15, 2010, 7:00 p.m.) for AD 83-1 5. Preliminary Engineer's Report for AD 83-2 6. Resolution Approving Preliminary Engineer's Report for AD 83-2 7. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 15, 2010, 7:00 p.m.) for AD 83-2 8. Preliminary Engineer's Report for AD 86-1 9. Resolution Approving Preliminary Engineer's Report for AD 86-1 10. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 15, 2010, 7:00 p.m.) for AD 86-1 11. Preliminary Engineer's Report for AD 97-1 12. Resolution Approving Preliminary Engineer's Report for AD 97-1 13. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 15, 2010, 7:00 p.m.) for AD 97-1 14. Preliminary Engineer's Report for AD 99-1 15. Resolution Approving Preliminary Engineer's Report for AD 99-1 16. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 15, 2010, 7:00 p.m.) for AD 99-1 Page 8 of 8 ~~ ~,;~ 6 ATTACHMENT 1 2010-2011 Preliminary Sources and Use of Assessment District Funds As Presented In The Preliminary Engineering Reports May 18, 2010 Citywide Stagecoach Dougherty Rd Santa Rita East Dublin (St Light) Rd Landscape Landscape Landscape (St Light) 83-1 83-2 86-1 97-1 99-1 Estimated Beginning Balance Jul 1, 2009 $159,250 $ 23,113 $ 81,867 $155,572 $ 94,072* Pole Paintina Reserve ~~aa aa~ Total Amount Proposed to be Assessed: $267,026 $ 70,760 $101,535 $272,992 $186,335 Less Estimated Collection and Delin uenc Cost: (7,210) (1,203) (2,234) (10,101) (5,031) Estimated PriorYear Collections and Penalties: 4,490 340 1,090 1,430 4,350 Estimated Interest Revenue 2,098 278 1,212 1,830 5,254 Estimated Reimbursement 2 500 - - - - for Public Dama e: , ~ ,y ~~~~ ~ ; N ,,. .. „. ~.. ,.: ~,. ~ ~ ... . .. ,,; ~ . f ~m : ,. ~ /3.. `,.. `.:~z,_ . .. . . ,. ...., . ., ~ ...... ..... .. ~ ,. .. „ .. . .. ~~y , :,,,,,, ,~ ., , ...~ „ <, ,,; i.~ ..~ . ;,,. . ,z:. ~' . _..,~.,i~.. .... .,,,,... Contract Maintenance and Utilities: $282 570 $ 71,140 $101,666 $295,930 $116,320 Administration (transfer) and En ineerin : 7 ~~3 3,725 4,139 5,847 6,139 Contribution To Pole Paintinq Reserve 75,389 Projected (Use) / Contribution To District ($ 21,438) ($ 4,696) ($ 4,203) ($ 35,617) ($ 26,148) Reserves* Projected Ending Balance ~ 137,812 $ 18,417 $ 77,664 $ 119,955 $ 87,132* June 30, 2010 Pole Painting Project (Cost Removed from Pole Painting (113,150) Reserve : Pole Painting Reserve $206,704 cxciuaing roie rainting Keserve ~~-em `~~~1 5~1g-Ifl ATTACHMENT L ~ ~ /i'~ ~ CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1983-1 ENGINEER'S ANNUAL LEVY REPORT FISCAL YE~t 2010/2011 ~,~~' ' "~~ ~ ! ~r~ ~ 19 ,,,, ~ ~,~i 1 ~ ~ .-~. _ _t~ INTENT MEETING: PUBLIC HEARING: 1411~ 18~ May 18, 2010 June 15, 2010 ~1( Y ~ ~ ~ V ;~l t ~! ' Financial ~erviees Corporate Offtce: 27368 Via lndustria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Office Locations: Oakland, CA Phoeni~~, A7. Orlando, FL Sacramento, CA www.willdan.com ATTACHMENT z. .~~~ ~r~~ ENGINEER'S REPORT AFFIDAVIT Street Lighting Maintenance Assessment District No. 1983-1 Pursuant to the Landscaping and Lighting Act of 1972 City of Dublin Alameda Count~, State of California This Report describes the District and services therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2010/2011 as they e~sted at the time of the passage of the Resolution of Intention. Reference is hereby made to the Alameda Counry Assessor's maps for a detailed description of the lines and dunensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of , 2010. On Behalf of the City of Dublin By: Chris Foss Acting Public Works Director City of Dublin ~f~1~7 ~ TABLE OF CONTENTS I. OVERVIEW .......................................................................................................................1 A. INTRODUCTION .................................................................................................................. .. 1 B. APPLICABLE LEGISLATION .................................................................................................. .. 2 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS ..................................4 A. DISTRICT ............................................................................................................................. .. 4 B. IMPROVEMENTS .................................................................................................................. .. 5 III. METHOD OF APPORTIONMENT .............................................................................. ..5 A. BACKGROUND ...................................................................................................................... ..5 B. BENEFIT ANALYSIS .............................:............................................................................... .. 6 C. ASSESSMENT METHODOLOGY ...............:............................................................................ .. 7 D. LAND USE CLASSIFICATIONS ............................................................................................... .. 7 IV. DISTRICT BUDGET ....................................................................................................... 10 A. DESCRIPTION OF BUDGET ITEMS ....................................................................................... .10 B. DISTRICT BUDGET .............................................................................................................. .14 APPENDIX A- DISTRICT BOUNDARY MAP ................................................................... 15 APPENDIX B- 2010/2011 ASSESSMENT ROLL ................................................................ 1G f" ~ ~ ~~~ ~ Cin' of Dublin Street Lighung bZaintenance Assessment District 1983-1 Engineer's ~-lnnual Levy Report Fiscal Year 2010/2011 I. OVERVIEW A. Introduction The City of Dublin ("City") annually levies and collects special assessments in order to maintain the improvements within the Stteet Lighting Maintenance Assessment DistYict No. 1983-1 ("District"). The District was originall~ formed in 1983 and is annuall~ levied pursuant to the Land.rcape and Lighting Act of 1972, Part 2 of Divi.rion 15 of the California Street.r and Higbzvay.r Code ("1972 Act"). A diagram of the boundaries of the District can be found within Appendix r, of this document. This Engineer's Annual Lew Report ("Report") has been prepared in accordance with the provisions of Cbapter 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 2010/2011. The proposed assessments are based on the historic and esrimated 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 Counry of Alameda Auditor/Controller uses r~ssessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll. PuYSUant to Chapter 3, beginning avith 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 I~istrict. 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 Ciry Council will by resolution: order the improvements to be made and confirm the lew and collection of assessments pursuant to Chapter 4, Article 1, beginning zvith 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 2010/2011. If'~il/r/an Firranczal Seruice.r Page l ~~~//`~ Citv of Dublin Street Lighting i~faintenance ~lssessment District 1983-1 Engineer's .lnnual Levy Report Fiscal Year 2010/20ll The assessments as approved will be submitted to the County Auditor~Controllex to be included on the propernT taY 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 foxmed and is annuall~ levied puYSUant to the 1972 Act, beginnind zvith Section 22500. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and pYOpoYrionately spread to each parcel based on the special benefits received. Compliance with the California Constitution ~ll 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 Califorrua 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) 1-~dds substantive and procedural requirements to property-related fees and charges. Pursuant to r'~rticle XIIID Secrion 4, all property related assessments must comply with certain substantive and procedural requirements unless they meet certain exemptions listed in Article XIIID Section V. 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 street lighting). Based on these exempt criteria, the Ciry has determined that the assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Willdan Financia! Service,r Page ~ ~v ~~;~ ~ Citv of Dublin Streer Lighting llaintenance <-lssessment District 1983-1 Engineer's tlnnual Levy Report Fiscal Year 2010/20ll The proposed assessments for the current fiscal ~ear may be less than or equal to the maximum assessment rates previously approved and adopted for the District. Government Code Section 53750(h)(2) states, "A tax, fee or charge is not deemed to be "increased: by an agency that. ..(B) Implements or collects a previously approved tax, fee or charge, so long as the rate is not increased beyond the level previously approved by the agency, ...." Since the highest assessment rate approved by the City Council and levied prior to November 5, 1996 was $19.34 per EDU, this is the established maximum assessment rate for the District. The assessment rate for the current fiscal year 2010/2011 is proposed to be $19.34. Any proposed assessment that exceeds the maximum assessment rate is considered an increased assessment. Pursuant to the provisions of the Article XIIID, all new or increased assessments (the incremental increase) are subject to both the substantive and procedural requirements of Article XIIID Section 4, including a property owner protest proceeding. Provisions of the 1972 Act (Improvements and Services) The Method of Apportionment described in this Report utilizes commonly accepted assessment-engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. As generally defined by the 1972 Act, the improvements and the associated assessments for a 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 ar servicing thereof; including but not lirruted to, grading, removal of debris, the installation or construcuon 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. I..ights, playground equipment, play courts and public restrooms. 6) The maintenance or servicing, or both, of an~~ 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; Willtlan Financial Service.r Page 3 ~ ~~ ~i~ Ciry of Dublin Street Lighting D~faintenance r~ssessment District 1983-1 Engineer's 13nnual Levy Report Fiscal Year 2010/2011 b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, iYrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating fox disease or injury; d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other unprovements to remove or cover graffiti. f. Electric current or energy, gas, or other agent for the lighting or operation of anv other unprovements. 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 e~sting improvement other~vise 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, adverusing, 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. An~ other expenses incidental to the construcrion, installarion, or maintenance and servicing of the improvements; and, £ 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 created to fund maintenance and servicing costs for the Ciry's street lighting system, except foY all public street lighting facilities located in Dublin Ranch and Tract 7067, which is funded through the Dublin Ranch Street Lighting Maintenance r~ssessment District No. 1999-1. Willdan Financial Seruice.r Page 4 ~~~ ~~~~ Ciry of Dublin Street Lighting 1laintenance 1~ssessment District 1983-1 Engineer's ~~nnual Levy Report Fiscal Year 2010/2011 A DiagYam 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 AssessoY's Parcel Maps as they e~sted 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. In 1983, the City Council formed the District to Yeplace the County of Alameda Lighting Service Area. On August 13, 1984, the City Council approved the annual Engineer's Report and ordered levy of assessments for the first time. In 1995-1996, the City of Dublin and other agencies in Alameda County took possession of PG&E-owned streetlights in order to reduce maintenance costs. B. Improvements Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. A portion of funds collected from the annual assessments of this District may be set aside for future pole painting costs in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF~. The Fund was established for proposed improvements and expenditures that are greater than can be conveniendy raised from a single annual assessment. The poles are expected to need repainting on a ten-year rycle, with the first phase of the pole painting commencing in the next few years. The funds are not considered part of the regular maintenance of the improvements or the Reserve Fund. 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 proporrion to the estimated benefits to be received by each such parcel from the unprovements. The benefit formula used should reflect the composition of the Willdan Financial Seruicer Page ti l~ ~ i~~ City of Dublin Street Lighting i~laintenance ~ssessment District 1983-1 Engineer's ~lnnual Levy Report Fiscal Year 2010/2011 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 caYefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 r~ct. All the assessed parcels receive direct and special benefits from the unprovements 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 and security of those properties is enhanced by the presence of public lighting and well-maintained landscaping in close proxirnity to those properties. The special benefits of street lighting and other public lighring facilities are the converuence, safety, and security of property, improvements, and goods. Specifically: 1) Enhanced deterrence of crime and the aid to police protecrion. 2) Increased nighttime safety on roads, streets and public areas. 3) Improved ability of pedestrians and motorists to see 4) Improved ingress and egress to property. 5) Reduced vandalism and other criminal act and damage to improvements or properry. 6) Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirabiliry of each of the assessed parcels within the District and thereby provide a special enhancement of the properries. Furthermore, it has been deternlined that the lack of funding to properly service and maintain the District itnprovements would have a negarive unpact on the properries within the District. General Benefit In reviewing each of the District improvements, the pro~rniry of those improvements to both properries within the District and those outside the District as well as the reasons for IYIi!ldan Financral Sennce.r Page G i~ ~ ~~~~ City of Dublin Street Lighting 1~faintenance tlssessment District 1983-1 Engineer's rlnnual Lew Report Fiscal Year 2010/2011 installing and constructing such improvements, it is evident that the unprovements are solely the result of developing properties within the District and the ongoing maintenance and operarion of these improvements will directly effect the properties within the District. r~lthough the improvements include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the construcrion 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 deteriniried that the improvements and the ongoing maintenance, servicing and operarion of those improvements provide no measurable general benefit to properries outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. C. Assessment Methodology Each parcel is assigned a factor rate known as an Equivalent Dwelling Unit (EDU) to identify the parcePs proportionate special benefit from the District unprovements. Each parcePs EDU is calculated based on the parcel's land use. t1ll 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 formulas are used to calculate each property's assessment: Total Balance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDUx Levy pet EDU = Parcel LevyAmount 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 (Count~ of Alameda land use code), and size of the property, as compared to a single-farruly home site. Parcels determined to be 6Y/i!l~lan Financra! Seruiee.r Page - /~~ ~,~ ~ City of Dublin Street Lighting ~-laintenance .~ssessment District 1983-1 Engineer's ~-lnnual Levy Report Fiscal Year 2010/2011 vacant will be assessed at a Yeduced xate of 50%, by mulriplying the paxcel's assigned EDU factor by 0.5 (or 50%). The EDU method of apportioning benefit is in substance the same method of apporuonment previously approved by the District and is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 r1ct, 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) -(County land use 1x) 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). This land use classification may include, but is not limited to lots or parcels identified as single-family residential homes, planned development (tract or townhouse type), and modular/manufactured single-family residential unit. Condominium Unit -(County land use 73) This land use identifies properties that are fully subdivided residential parcels that have more than one residential unit developed on the property. This land use is assigned 1.00 EDU per unit for properues that the number of units can be identified. Duplex, Multifamily Residential -(County land use 22) This land use identifies properties that are developed for multifamily residential use and are assigned a factor of 2.00 EDU per parcel. This land use classification includes double or duplex units. Triplex, Multifamily Residential -(County land use 23) This land use identifies properties that are developed for multifamily residential use and are assigned a factor of 3.00 EDU per parcel. This land use classification includes triplex units; double or duplex together with a single-family home. Fourplex, Multifamily Residential -(County land use 24) This land use identifies properties that are developed for mulrifamily residential use and are assigned a factor of 4.00 EDU per parcel. This land use classification includes four living units; a fourplex, a triplex and a single-family home, or two doubles or duplexes. Apartment Complex, Multifamily Residential -(County land use 7x, except 73) This land use idenrifies properties that are developed for multifamily residential use of five (5) or more units, and are assigned a factor of 6.00 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels identified as vacant apartment land capable of supporting 5 or more units, residential property converted to 5 or more units, cooperauves, restricted income properties, fraterniues, sororities, church homes, multiple residential (5 or more units), and residential high-rise (7 or more units). Commercial -(County land use 3x, 8x, 9x) This land use identifies properties that are considered improved commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not lir~uted tq lots or parcels I~illdarr Financial Service.r Page fi !~~ ~~/ Cin~ of Dublin Street Lighting 1~laintenance :~ssessment Distcict 1983-1 Engineer's rlnnual Levy Report Fiscal Year 2010/2011 identified as car washes, commercial garages, automotive dealerships, parking lots, parking garages service stations, funeral homes, nursing or boarding homes, hospitals, hotels/motels, banks, medical-dental, single and multi-story office buildings, commercial land, department stores, discount stores, restaurants, shopping centers, supermarkets. Industrial -(County land use 4x) This land use identifies properties that are developed for industrial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to lots, or parcels identified as vacant industrial land, warehouses, light and heavy industrial, nurseries, sand and gravel quarries, salt ponds, trucking and distribution terminals, wrecking yards, and miscellaneous industrial. Institutional -(County land use 6x, except 65) This land use identifies properties that are developed for institutional use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as vacant land that is a necessary part of an institutional properry, unproved government- owned property, low income housing (secured P.I.'s only), golf courses, schools, churches, lodge-halls, clubhouses, and other institurion properties. Rural Property -(County land use 5x) This land use identifies properties that are defined as rural lands and are assigned a factor of 0.50 EDU per parcel. This land use classification may include, bu~ is not limited to, lots or parcels identified as rural residenrial home sites, one or more mobile homes on rural home sites, rural property with significant commercial or industrial use, property used for agriculture (more than 10 acres), rural land in transition to higher land use classification, and rural land under non- renewal of Williamson Act. Exempt Property, Cemeteries & Common Open Space -(County land use 0, 03- 05, 65) This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. This land use classification ma~ include, but is not limited to, lots or parcels identified as exempt public agencies, property leased or owned by public utilities, cemeteries, and planned development common areas. Wrllrlan Financial Service.r Page 9 ~~ ~,~~ ~ City of DuUlin Street Lighting 1~Zaintenance ~ssessment District 1983-1 Engineer's .lnnual Levy Report Fiscal Year 2010/2011 The following table shows the EDU factors for each property type in the District: Property Type EDU Factorl Basis Single-Family Residential (SFR) 1.00 Parcel Condominium Unit 1.00 Unit Duplex, Multi-Farruly Residential 2.00 Parcel Triplex, Multi-Family Residential 3.00 Parcel Fourplex, Multi-Farruly Residential 4.00 Parcel r~partments, Multi-Family Residential 6.00 Parcel Commercial/Industrial/Institutional 5.50 Acre Rural 0.50 Parcel EYempt, Cemeteries, Common Open Space 0.00 Parcel ~,~~ ~ uo~o~ .~.HU f.u~~. ;y ~.~ ~ t.u,~., ,., „u~k,.~ 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 - The cost of ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. In addition, a portion of this cost is set aside as a contingency amount for large repairs. Contract with Alameda County - The cost of street light maintenance provided from the Counry of Alameda based on the current fiscal year contract. California Street Light Association - The cost of Street Light Association dues based on relative number of lights within the District. Utilities Electricity - The cost of street light electrical energy use, including miscellaneous PG&E charges. Miscellaneous Expenses - Costs that cannot easily be categorized into any of the other Direct Costs defined above. IY/illdan Financzal Service.r Page 1(1 is~~ ~~~ Citv of Dublin Street Lighting 1~laintenance r~ssessment District 1983-1 Engineer's ~lnnual Levy Report Fiscal Year 2010/2011 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. Public Works Administration - The cost of services provided to administer the District from the Public Works department of the City of Dublin. 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 for operations. 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 S, bedinning avith 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 conveniendy 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 rypically 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. r1 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 (usuall~~ the General Fund) or represents funds being loaned to the District for the Willdatt Financial Servicer Pa~e 7~l l~ i~'~ ~ c~ry of Dubli~, Street Lighting 1~Zaintenance rlssessment District 1983-1 Engineer's .lnnual Levy Report Fiscal Year 2010/2011 current fiscal year that must be repaid by future assessments. Similar to the Reserve Collection/(Transfer) line item, this item directly unpacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the curYent annual assessment to repay a priar loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current fiscal year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current fiscal year for special services or capital unprovements (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 2010/2011 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 Ciry 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 unprovements identified as special benefits are levied and collected on the tax roll. Total Parcels Levied - The total number of parcels within the District that will receive the special benefits during the current fiscal vear. 6Y/illclan Financial Servicer Page "! ~' /~~ i~;~ ~ City of Dublin Stseet Lighting Maintenance ~ssessment District 1983-1 Engineer's ~~nnual Levy Report Fiscal Year 2010/2011 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 Lew 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 - This is the maxirrium rate per EDU allowable within the District. Reserve Fund - A reserve of appro~mately $137,812 is projected to remain at the end of fiscal year 2010-2011. This reserve is commensurate with the amount allowed by State Law, which permits a reserve of up to 50% of the operating cost for the District. It is recommended that this type of reserve be retained for potential unplanned expenditures such as major repairs and/or for replacement of poles in future years. 6Ylillrlarr Finatrcial Service.r Page 13 i~~ir~ City of Dublin titreet Lighting 1~laintenance r~ssessment District 1983-1 Engineer's ~nnual Levy Report Fiscal Year 2010/2011 B. District Budget 2010/11 Budget Worksheet Street Lighting Maintenance Assessment District No. 1983-1 Fund Number 2701 Maintenance $2,000.00 Contract with Alameda County 63,930.00 California Street Light Association 870.00 Utilities Electricity 205,770.00 Miscellaneous Expenses 10,000.00 Sub-Total Direct Costs $282,570.00 TOTAL DIRECT $282,570.00 District Administration - Consulting $4,350.00 Public Works Administration $3,423.00 County per Parcel Fee $4,539.46 TOTAL ADMIN $12,312.46 TOTAL DIRECT AND ADMIN COSTS $294,882.46 Reserve Collection/(Transfer) (30,525.67) Capital Improvement Fund Collection/(Transfer) 0.00 General Fund Loans RepaymenU(Advances) O.OG Delinquency Contingency 2,670.27 Other Revenues/General Fund (Contributions) 0.00 TOTAL ADJUSTMENTS (27,855.40) Balance to Levy (Budgeted) $267,027.06 Total Revenue at Maximum Rate $267,027.06 Variance above/(below) Maximum Revenue $0.00 Applied Charge $267,027.06 Total Parcels 10370 Total Parcels Levied 10278 Total Equivalent Benefit Units 13,807.30 Proposed Levy per Benefit Unit $19.34 Applied Levy per Benefit Unit $19.34 Maximum Levy per Benefit Unit (Prior Fiscal Year) $19.34 Maximum Levy per Benefit Unit (Current Fiscal Year) $19.34 Beginning Reserve Fund Balance $159,250.00 Reserve Fund Adjustments (30,525.67) Prior/ Penalties/ Public Damage 6,990.00 Interest 2,098.00 Anticipated Reserve Balance $137,812.33 [~'illdan Finanizal Seruice r Page ! a ~'~~~~~ City of Dublin Street Lighting 1~laintenance l~ssessment District 1983-1 Engineer's :lnnual Levy Report Fiscal Year 2010/2011 APPENDIX A- DISTRICT BOUNDARY MAP 6Ylzllclan Financial Servicea Page ~I ~ ~~ r'~~ ~ Ciry of Dublin Street Lighting ~laintenance r~ssessment District 1983-1 Engineer's ~~nnual Levy Report Fiscal Year 2010/2011 APPENDIX B- 2010/2011 ASSESSMENT ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the ~lameda 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. Willdan Finanazal Servicer Page 1(; ~~ ~~~~ RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-1 WHEREAS, by its Resolution No. 17-10, a Resolution Directing Preparation of Annual Report for City of Dublin Street Lighting Maintenance Assessment District No. 1983-1 (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. 17-10 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 totar costs and expenses of the acquisition of improvements and 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 acquired and 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 of the total amount of the cost and expenses of the proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said acquisition and maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. ATTACHMENT , ~ ~~ ~ ~~ ~~'~ ~ PASSED, APPROVED AND ADOPTED this 18th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ~~~ ~11~ ~ RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *******~* APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-1 WHEREAS, by its Resolution No. 17-10, a resolution directing preparation of annual report for City of Dublin Street Lighting Maintenance Assessment District (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. 17-10, 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, dS 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 2010-2011, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearinq(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. ATTACHMENT , ~~ ~r~ ~ Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published 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 of the 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 Hearinq: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesdav, June 15, 2010, 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 18th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 2 ~~ ~ ll ~ ~' CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (Tract 4719) ENGINEER'S ANNUAL LEVY REPORT FiscAL YEait 2010/2011 'lI~ 19 ~~ r "~~~~ ~ r ', 1 11 ,,., .. _,~. g. 1 ` ~ ~,. ~~ / INTENT MEETING: PUBLIC HEARING: May 18, 2010 June 15, 2010 ~~ ~~~~1 ~ Financial Services Corpotate Of&ce: Offtce Locations: 27368 Via lndustria Oakland, CA PhoeniY, AZ Suite 110 Orlando, FL Sacramento, Cr1 Temecula, Cr~ 92590 Tel: (951) 587-3500 Tel: (800) 755-6864 Fax: (951) 587-3510 www.willdan. com / financial ATTACHMENT ~. ~~p~ 1~~~ ENGINEER'S REPORT AFFIDAVIT Landscaping and Lighting District No. 1983-2 Pursuant to the Landscaping and Lighung ~ct 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 2010/2011 as they e~sted 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 , 2010. On Behalf of the Ciry of Dublin By: Chris Foss Acting Public Works Director City of Dublin ~~'~%~' i1 ~ ~ 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. METHOD OF APPORTIONMENT ................................................................................5 A. BACKGROUND ...................................................................................................................... ..5 B. BENEFIT ANALYSIS ............................................................................................................. .. 6 C. ASSESSMENT METHODOLOGY ............................................................................................ .. 7 D. INFLATIONARY FACTOR APPLIED TO MAXIMUM RATE ...................................................... .. 7 IV. DISTRICT BUDGET ........................................................................ :...........................:.. ..8 A. DESCRIPTION OF BUDGET ITEMS ....................................................................................... .. 8 B. DISTRICT BUDGET ............................................................................................................... .12 APPENDIX A- DISTRICT BOUNDARY MAP ................................................................... 13 APPENDIX B- 2010/2011 ASSESSMENT ROLL ................................................................ 14 a~~ ~~~ City of Dublin Landscaping and Lighting District 1983-2 Engineer's ~lnnual Levy Report Fiscal Year 2010/2011 I. OVERVIEW A. Introduction The City of Dublin ("City") annually levies and collects special assessments in order to maintain the improvements within the Landscaping and Lighting District No. 1983-2 ("District"). The District was originally formed in 1983 and is annually levied pursuant to the Land.rcape and Lighting Act of 1972, Part 2 of Division 15 af the California Streets and Highzvays 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 2010/2011. 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 Counry of Alameda Assessor's Office. The County of rllameda Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll. Pu~suant to Chapter 3, beginning zvith 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 unprovements to be made and confirm the levy and collection of assessments pursuant to Cbapter 4, Article 1, beginning zvith 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 2010/2011. lY/illdan Financial Seruicer Page / ~q~ ~i~ Ciry of Dublin Landscaping and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Year 2010/2011 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 Land.ccaping and Lzdhting Act of 1972, Part 2 of Divi.rion 15 o f the California Street.r and Highavay.r Code, beginning zvith 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 rlct 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 (I'roposition 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) r~dds substantive and procedural requirements to assessments. 4) r~dds substantive and procedural requirements to properry-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 AYticle XIIID Section V. l~'illdan Financzal Seruice.r Page _' ~ i~~ ~ Ciry of Dublin Landscaping and Lighting District1983-2 Engineer's 1lnnual Lew Report Fiscal Year 2010/2011 The assessments contained in this Report were imposed in accordance with voter approval pursuant to the establishment of the District. The assessments are imposed to finance capital costs or maintenance and operation expenses for public streets (and all improvements within the street right of way including landscaping). Based on these exempt criteria, the City has determined that the assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. In 2003/2004, the City conducted a public hearing that included a mailed ballot to all of the property owners in this District proposing an increased assessment in order to maintain and replace certain landscaping impYOVements. In addition to a 10% increase in assessment rates, the proposed Engineer's Report also included an escalation clause for succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. At the conclusion of the public hearing, there was no majority protest based on the assessment-weighted ballots received, and the increased assessments were approved by the City Council. This Report includes the approved assessment rates and an inflationary factor to account for increased cost of living and actual utility cost increases. Any proposed assessment that exceeds the adjusted ma~mum assessment rate is considered an increased assessment. Pursuant to the provisions of the California Constitution Article XIIID, all neu~ 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 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 construcrion 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 lirruted 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: 6Y/ill~lan Financial Service.r Page _~ 3~~ i~~ Cin~ of Dublin Landscaping and Lighting District 1983-2 Engineer's .~nnual Levy Report Fiscal Year 2010/2011 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, triinming, 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. £ 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 e~sting 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. Compensarion 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 an~ elections held foY the approval of a new or increased assessment. Willrlan Financial Servicer Page ~ ~~ ~~i~ Cih' of Dublin Landscaping and Lighung District 1983-2 Engineer's ~~nnual Levy Report Fiscal Year 2010/2011 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS A. District In 1983, the City of Dublin formed the District for the purpose of maintaining street landscaping within Tract 4719. The District originally included Stagecoach Park and Stagecoach Road north of the Ciry Limit, but now includes only roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The maintenance cost for Stagecoach Park, as well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District. A Diagram showing the exterior boundaries of the District is provided in this Report at Appendix A. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District B. Improvements The scope of work shall include the maintenance of landscaping and irrigation within the road right-of-way and within a public easement along Stagecoach Road between the limits of Amador Valley Boulevard and the northerly City Limit. Further, the scope of work shall include the maintenance of the slopes and landscaping and irrigation of the slopes within a public easement for those slope areas to the rear of Lots 80 through 86 and 37 through 48, all within TYact 4719. III. METHOD OF APPORTIONMENT A. Background Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The benefit formula used should reflect the composiuon of the parcels, and the improvements and services provided, to fairly proportion the costs based on special benefit to each parcel. Willdan Financial Seruice.r page y 3.3 i~~ ~ Citv of Dublin Landscaping and Lighting District1983-2 Engineer's .~nnual LevS~ Report Fiscal Year 2010/2011 B. Benefit Analysis Each of the proposed unprovements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 Act. All the assessed parcels receive direct and special benefits from the improvements and activities to be funded through the District assessments. The improvements include all necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactorv 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 unprovements and the desirability of those properties enhanced by the presence of well- maintained landscaping in close pro~mity to those properries. 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 pxopeYties. 3) Enhanced adaptation of the urban en~-ironment 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 properry 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 crunes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiu. 8) Enhanced environmental qualiry 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 properries. Furthermore, it has been deternzined that the lack of funding to properly service and maintain the District unprovements would have a negarive impact on the properties within the District. Willdan Financzal Servicer Page t ~`~~~ li~ ~ Citv of Dublin Landscaping and Lighting District 1983-2 Engineer's ~lnnual Levy Report Fiscal Year 2010/2011 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 construcring such improvements, it is evident that the improvements are solely the result of developing properries within the District and the ongoing maintenance and operarion of these improvements will direcdy effect the properries within the District. rllthough the unprovements include public areas, easements, right-of-ways and other ameniries 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 deterinicied 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 properries within the District. C. Assessment Methodology The assessment spread for this District shall be calculated as follows: Sixty-one and six tenths percent (61.6%) spread equally among the 150 single-family homes of Dublin I-Iills Estates; thirty-eight and four tenths percent (38.4%) spread equally among the 553 apartments of Amador Lakes Apartments. Lots 152 and 153, being park and open space, shall have a zero assessment. Lots 154 and 155, being public agency owned, shall have a zero assessment. D. Inflationary Factor Applied to Maximum Rate The District assessments include a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation and actual utility costs. This assessment adjustment formula was approved by the City Council pursuant to a mailed ballot and public hearing referenced in Section I. B. The maximum assessment amount allowed for each fiscal year shall be increased in an amount equal to the annual percentage increase of the San Francisco-Oakland-San Jose ~rea Consumer Price Index for "All Urban Wage Earners and Clerical Workers" of ("Index"), plus any actual increase in the cost of utilities (power and water). Each fiscal year the City shall idenufy 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 Cit~~ shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Will~lan Finanezal Seruice r Page % ~ Il7 ~ City of Dublin Landscaping and L.ighting District 1983-2 Engineer's .lnnual Levy Report Fiscal Year 2010/2011 In the event that the City Council determines that an inflation adjustment is not required for a given fiscal year, the Cin~ Council may authorize the assessment without applying the adjustment formula to the amount levied. If the budget and assessments for a district requixe an increase greater than the adjustment set foYth in the formula, then the proposed increase would be subject to approval by the District properry owners. Each fiscal year, the ma~mum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the DisCrict. Utilit~ costs for this yeaY aYe anticipated to increase at the same rate as that of the Index. The percentage difference for the Index from April 2009 to April 2010 was 2.423%~'~. Therefore the maximum assessment rates will increase from $283.73 to $290.60 for single-family residential parcels and from $47.97 to $49.13 for multi-family residential units within the District. (7) I~or the purposes of the preliminary I;n~ neers Rcport CPI is cs-rimated using thc l~cbruary-1'cbruary changc. IV. DISTRICT BUDGET A. Description of Budget Items The following describes the services and costs that are funded through the District, shown in the budget. DIRECT COSTS: Maintenance Tree - The cost of installation and maintenance of trees and plantings along the street frontages within the District Maintenance Landscape - The cost of maintenance and repair of the landscaping and open space areas within the District. Utilities Water - The cost of furnishing water for maintenance of landscape and irrigation systems within the District. Utilities Electricity -The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District. Miscellaneous Expenses - Costs that cannot easily be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: District Administration, Consulting - The costs of contracting with professionals to provide services specific to the levy administration, including preparation of the Willdan Fina~acial Seruzce.r j~age ,~' .-~ ~ ~/7 City of Dublin Landscaping and Lighting District 1983-2 Engineer's :lnnual Levy Report Fiscal Year 2010/2011 Engineer's Report, resolutions, and levy submittal to the County. These fees can also include any addiuonal administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration - The cost of services provided to administer the District from the Public ~~'orks department of the City of Dublin. County per Parcel Fee - The cost to the District for the County to collect assessments of the property tax bills. LEVY BREAKDOWN: Reserve Collection~(Transfer) - The 1972 Act pursuant to Chaf~ter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund, which shall not exceed approxirriately 50% of the fiscal year costs. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that ma~~ occur during the year. Capital Improvement Fund ~ollection/(Transfer) - The 1972 Act pursuant to Chapter 5, beginning avith Section 22660, provides fox the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniendy raised from a single annual assessment. Depending on the nature of the planned improvements, the collecuon 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 ~ear as part of the Balance to Levy. A negati~re 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 Resen~e Fund Balances either positively or negatively. -Ylilldan Financzal Service.r Page > ~;~~ i~~ Cit}- of Dublin Landscaping and Lighting District 1983-2 Engineer's .~nnual Levy Report Fiscal Year 2010/2011 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 unprovements, 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 far 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 unprovements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues. Other Revenue/General Fund (Contributions) - This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non-District or District sources including Ciry 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, Contribuuons 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. Balance to Levy for SFR - The total assessment to single-family property owners in the Dublin Hills Estates development. Willda~z Financial Service.r Page 1 t) 3~~~~~7 Ciry of Dublin Landscaping and Lighung District 1983-2 Engineer's rlnnual Levy Report Fiscal Year 2010/2011 Balance to Levy for MFR - The total assessment to property owners of condominium or apartment units in the Amador Lakes Apartments development. Maximum Levy per SFR (Prior Fiscal Year) - This is the maximum rate allowable in fiscal year 2010/2011 to assess single-family property owners within the District. Maximum Levy per MFR (Prior Fiscal Year) - This is the ma~mum rate allowable in fiscal year 2010/2011 to assess property owners of a multi-family residential unit within the District. Maximum Levy per SFR (Current Fiscal Year) - This is the maximum rate allowable per SFR parcel to assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Maximum Levy per MFR (Current Fiscal Year) - This is the ma~mum rate allowable per MFR urut to assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Inflationary Factor - Annual percentage increase in the San Francisco-0akland-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 electriciry. Each fiscal year the City shall identify the change in the CPI Index for April to April of the preceding year. 1Y~illdan Financial Seroice.r Page 1 I ~~'s ,~i~ Citv of Dublin Landscaping and Lighting District 1983-2 Engineer's .~nnual Levy Report Fiscal Year 2010/2011 B. District Budget 2010/71 Budget Worksheet Landscaping and Lighting District No. 1983-2 Fund Number 2702 Maintenance-Tree $3,620.00 Maintenance-Landscape 45,540.00 Utilities Water 21,170.00 Utilities Electricity 810.00 Miscelleneous Expenses 0.00 TOTAL DIRECT $71,140.00 District Administration $2,840.00 Public Works Administration $885.00 County per Parcel Fee 1,202.81 TOTAL ADMIN $4,927.81 TOTAL DIRECT AND ADMIN COSTS $76,067.87 Reserve Collection/(Transfer) (5,314.45) Capital Improvement Fund Collection/(Transfer) 0.00 General Fund Loans RepaymenU(Advances) 0.00 Other Revenues/General Fund (Contributions) 0.00 TOTAL ADJUSTMENTS ($5,314.45) Balance to Levy (Budgeted) $70,753.36 Total Revenue at Maximum Rate $70,760.57 Variance above/(below) Maximurrs Revenue ($7.21) Applied Charge 70,753.36 Total Parcels 7pg Total Parcels Levied 703 Total SFR Count 150 Total MFR Count 553 Balance to Levy for SFR (61.61 % of Total Applied Levy) $43,591.14 Applied Levy per SFR $290.60 Balance to Levy for MFR (38.39% of Total Applied Levy) $27,162.21 Applied Levy per MFR $49.13 Maximum Levy per SFR (Prior Fiscal Year) $283.73 Maximum Levy per MFR (Prior Fiscal Year) $47.97 Maximum Levy per SFR (Current Fiscal Year) $290.60 Maximum Levy per MFR (Current Fiscal Year) $49.13 Inflationary Factor Applied to Maximum Rate 2.423% Beginning Reserve Fund Balance $23,113.00 Reserve Fund Adjustments (5,314.45) Prior/ Penaities/ Public Damage 340.00 Interest 278.00 Anticipated Reserve Balance a18,416.55 Willtlan Financial Seruice.r Page l~' ~a ~~~ City of DuUlin Landscaping and Lighting District1983-2 Engineer's ~3nnual Levy Report Fiscal Year 2010/2011 APPENDIX A- DISTRICT BOUNDARY MAP L~ndsc~pe Light3n`g bistrict 83-2 --- -_' CityofDublin ~ 83-2 ~~ ~'~ Camp Parks RFTA City of Dublin ~___~ City of Dublin, Sphere of influence ; rt;~ , ~ ~, =a ~ ~ ~` a~a 'v ' ~ . -- :. . . F.e. . .... ,. I ~ ,,~ wo ,.~o~ ,.srt~ ~.a~ ~~,r.~ z.n..~ Marfh 2007 Will~lan Financial Seruice,r page ~; ~~ ii~ ~ City of Dublin Landscaping and Lighung District 1983-2 F ngineer's rlnnual Levy Report Fiscal Year 2010/2011 APPENDIX B- 2010/2011 ASSESSMENT ROLL Parcel identification, far each lot or parcel within the District, shall be the parcel as shown on the Alameda County Assessor's map for the year in which this Report is prepared. A listing of parcels assessed within this District, along with the property type, and assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has specific development restrictions. These types of parcels are considered to receive litde or no benefit from the improvements and are therefore exempted from assessment. IYi'zlldan Finanezal Seruice,r Page 1-t ~~ ~~ ~~r, RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********~ APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-2 WHEREAS, by its Resolution No. 18-10, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 1983- 2(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. 18-10 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 ~stimate of the itemized and total costs and expenses of the acquisition of improvements and 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 acquired and 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 of the total amount of the cost and expenses of the proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said acquisition and maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. CHMENT !~~ ATTA ____ ~3 ~ ~~'1 PASSED, APPROVED AND ADOPTED this 18th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ~ ~~~ ~ RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-2 WHEREAS, by its Resolution No. 18-10, a resolution directing preparation of annual report for City of Dublin Landscaping and Lighting Maintenance Assessment District 1983-2 (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. 18-10, 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 2010-2011, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearinq(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. ATTACHMENT 7~ ~ff~ ~~;~ ~~ Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published 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 of the 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 Hearinq: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesdav, June 15, 2010, 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 18th day of May, 2010, by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 2 I ~~ ~ ~~ CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT N0.1986-1 (Villages at Willow Creek) ENGINEER'S ANNUAL LEVY REPORT F~SCAL YEA~t 2010/2011 V~ r~~~ ~~ ~ ~~, r ~~~.~ ~ ~ 111 ,,~~'~. ~~t $~i ~ ~ ~'' r-~. . _<~.. INTENT MEETING: PUBLIC HEARING: May 18, 2010 June 15, 2010 ~~ ~~~~~ . Financial Servi~es Corporate Office: Office Locations: 27368 Via lndustria Oakland, Cr1 Phoenis, r1Z Suite 110 Orlando, FL Sacramento, Cr~ Temecula, Cr1 92590 Tel: (951) 587-3500 Tel: (800) 755-6864 Fax: (951) 587-3510 www.willdan. com / financial ATTACHMENT ~'. ~7 i~~. 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 2010/2011 as they e~sted 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 , 2010. On Behalf of the Ciry of Dublin By: Chris Foss Acting Public Works Director Ciry of Dublin ~ «-~ ~ 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. METHOD OF APPORTIONMENT ............................................................................. ...6 A. BACKGROUND ..................................................................................................................... ...6 B. BENEFIT ANALYSIS ............................................................................................................. ... 6 C. ASSESSMENT METHODOLOGY ........................................................................................... ... 8 D. LAND USE CLASSIFICATIONS ............................................................................................. ... 8 E. INFLATIONARY FACTOR APPLIED TO MAXIMUM RATE ..................................................... ... 9 IV. DISTRICT BUDGET ...................................................................................................... .10 A. DESCRIPTION OF BUDGET ITEMS ...................................................................................... ..10 B. DISTRICT BUDGET ............................................................................................................. ..14 APPENDIX A- DISTRICT BOUNDARY MAP .................................................................. .15 APPENDIX B- 2010/2011 ASSESSMENT ROLL ............................................................... .16 /~ ~ ~ '~./ City of Dublin Landscaping and Lighung District 1986-1 Engineer's :~nnual Levy Report Fiscal Year 2010/ZOll I. OVERVIEW A. Introduction The City of Dublin ("Cit~~") 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 Lrtndscape and Lighting Act of 1972, Part 2 of Divi.rion 15 of the California Streets and Hidhavays 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 2010/2011. 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, beginnind avith 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 t~nnual 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 Ciry Council will b~ resolution: order the improvements to be made and confirm the lew and collection of assessments pursuant to Chapter 4, Article 1, beginning ivith 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 foY fiscal year 2010/2011. Willdan Financzal Seruice.r Page "1 5~ i~'~ Citv of Dublin Landscaping and Lighting District 1986-1 Engineer's ~lnnual Levy Report Fiscal Year 2010/2011 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 f~ct of 1972, Part 2 of Division 15 of tbe California Street.r and Hidhtvay.r Code, beginning a~rith 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 ("Arucle 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 Arucles 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) r~dds substantive and procedural requirements to assessments. 4) Adds substanrive and procedural requirements to pYOpetty-related fees and charges. Pursuant to Article XIIID Section 4, all property related assessments must comply with certain substanuve and procedural reguirements unless they meet certain exemptions listed in Arricle XIIID Section V. IY~illrlan Financial Seruicer Page 2 ~l~ 11 ~ ~ Citv of Dublin Landscaping and Lighung District 1986-1 Engineer's ~nnual Levy Report Fiscal Year 2010/2011 The assessments contained in this Report ~vere 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 ~rticle 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 properry 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 utiliry cost to increase according to the actual cost of utiliries. Any proposed assessment that exceeds the adjusted maxirnum 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 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 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, irrigarion, drainage, oY electrical facilities. 5) The installation of park or recreational unprovements 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. Willrlan Financzal Seruice.r Page 3 Sa s~~ ~ Citv of Dublin Landscaping and Lighting District 1986-1 Engineer's ~~nnual Levy~ Report Fiscal Year 2010/2011 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 ot 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, irrigauon, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, triiniiung, 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 unprovements. 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 e~sting improvement otherwise authorized by the Act. 8) Incidental expenses associated with- the improvements including, but not lirnited to: a. The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b. The costs of printing, adverrising, 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, £ Costs associated with any elecuons held for the approval of a new or increased assessment. ~Y'illclan Financial Service.r Pa~e ~ ~"3 l~~ Cin~ of Dublin Landscaping and I.ighting District 1986-1 Engineer's .~nnual Levy Report Fiscal Year 2010/2011 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 Lirnit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along `Y~ild~vood 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 responsibiliry of the homeowners' association or properry 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 Count~~ Assessor's Parcel Maps as they existed at the tirrie of the passage of the Resolution of Intenrion, 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 unprovements 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 pathwa~~ improvements on the west side of W'ildwood 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. IY~illrlan Finanizal Seruicer Page ~ ~~ ~ ~~,, City of Dublin Landscaping and Lighring District 1986-1 Engineer's .lnnual Levy Report Fiscal Year 2010/2011 7) Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-~vay. 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 beriefits 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 unprovements and the desirability of those properties enhanced by the presence of well- maintained landscaping in close proxirriity 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. Willtlan Finanezal Seruice~ Page G 5.~ ~~ //~' City of Dublin Landscaping and Lighting District 1986-1 Engineer's ~lnnual Lew Report Fiscal Year 2010/2011 6) Enhanced quality of life thYOUgh well-maintained green space and landscaped areas. 7) Reduced criminal activin~ 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 thereb~ provide a special enhancement of the properries. 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 properries within the District. General Benefit In reviewing each of the District improvements, the pro~rnity of those improvements to both properries within the District and those outside the District as well as the reasons for installing and construcring 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 unprovements will direcdy effect the properties within the District. rllthough the unprovements include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the construcrion and installation of these improvements were only necessary for the development of properues within the District and were not required nor necessarily desired by any properries or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been deterrriined that the unprovements and the ongoing maintenance, servicing and operarion 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 properries within the District. Willtlan Financial Service~ Page ? ~~~ i~~~ City of Dublin Landscaping and Lighting District 1986-1 F_ngineer's 1lnnual Lew Report Fiscal Year 2010/2011 C. Assessment Methodology Each parcel is assigned a factor rate known as an Equivalent Dwelling Unit (EDU) to identif~~ the parcel's propoxtionate special benefit from the improvements. Each parcel's EDU is calculated based on the parcePs land use. All single-famil~ residential pYOperties are assigned an EDU of 1.00, and all other propert~r types are assigned an EDU propoxtionate 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 EDU Factor Basis Single-Farruly Residential (SFR) 1.00 Parcel Multi-Family Residential (MFR) 0.50 Unit Commercial 4.00 Parcel Exempt, Common Open Space, Public Land 0.00 Parcel The following'formulas are used to calculate each property's assessment: Total Balance to Levy / Total EDUs = Levy pet EDZ~ (Rate) Parcel EDUx 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 propern~, as compared to a single-family home site. Willdan Finanezal Seruicer Page 8 5~~ ~~'a ~ Citv of Dublin Landscaping and Lighting District 1986-1 Engineer's :~nnual Levy Report Fiscal Year 2010/2011 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 far 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 I. B. The ma~mum 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 ``Uorkers" of the San Francisco-Oakland-San Jose ~rea ("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 Ciry shall use the revised index or comparable system as approved by the City Council for determirung fluctuations in the cost of living. In the event that the Ciry Council determines that an inflation adjustment is not required for a given fiscal year, the Ciry 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 o~~ners. Each fiscal year, the ma~mum assessment rate shall increase at the maxin-ium amount allowable regardless of whether the increase is levied to the parcels within the District. Willrlan Financzal Service.r Page 9 / ~ r ~~ ~ ~ City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual LeW Report Fiscal Year 2010/2011 Utility costs for this year are anticipated to increase at the same rate as that of the IndeY. The percentage difference for the Index from April 2009 to rlpril 2010 was 2.423%~'~. Therefore, the maxirrium assessment rate per EDU allowed for fiscal year 2010/2011 has been adjusted from $155.87 to $159.65. The assessment per EDU for the current fiscal year is proposed to be $155.86, an increase of $0.00 (0.00%) over the applied rate from prior fiscal year 2009/2010. (1) f~oc the purposcs of the pteliininary l~nginecrs Report Cl'] is estimated using thc f~cbniary-F~ebruary change. 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 - T~e cost of installation and maintenance of trees and planti.ngs along the roadside frontages and pathways within the District Maintenance Landseape - 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, Yesolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, oY engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Publie Works Administration - The cost of services provided to administer the District from the Public Works department of the City of Dublin. TYlilldan Financia! Seruice.r Page 1 U ~~ ~~~ ~ City of Dublin Landscaping and I.,ighting District 1986-1 Engineer's :lnnual Lew Report ~ Fiscal Year 2010/20ll County per Parcel Fee - The cost to the District far the County to collect assessments on the property tax bills. LEVY BREAKDOWN: Reserve Collection~(Transfer) - The 1972 Act puxsuant to Cbaj~ter 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 avith 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 conveniendy 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 directlv impacts the Reserve Fund Balances either positivel~ 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 unprovement 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 yeaY or possibly over several IY~illtlan Frnancial Seruicee~ Page 11 ~ 1! ~~ City of Dublin Landscaping and Lighting District198(-1 Engineer's .lnnual Levy Report Fiscal Yeax 2010/3011 years. Generally, all available Reserve Funds are exhausted before a temporar~ loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicaung the loan amount still outstanding. A loan for the current fiscal year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current fiscal year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the Ciry 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 propeYty tax payments that the County is unable to collect in the 2010/2011 fiscal year. Other Revenue/General Fund (Contributions) - This item includes additional funds designated fox 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. Balanee 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 Pareels - 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 r~ssessment to Lew" by the Total EDUs of the District for the fiscal year. I~'illdarr Furancial Seruice.t Page t 2 ~ ~~ ~~ ~ City of Dublin Landscaping and L.ighung District 1986-1 Engineer's :lnnual Levy Report Fiscal Yeax 2010/2011 Maximum Levy per EDU (Prior Fiscal Year) - This is the maxirrium rate per EDU allowed within the District for prior fiscal year 2008/2009, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Maximum Levy per EDU (Current Fiscal Year) - This is the ma~mum 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-0akland-San Jose Area Consumer Price Index for "rlll Urban Wage Earners and Clerical `~'orkers," 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. IY~illdan Financial Seruieer Page 1~ ~a ~~~~ ~ City of Dublin Landscaping and Lighting District 1986-1 Engineer's :~nnual Levy Report Fiscal Year 2010/2011 B. District Budget 2010/11 Budget Worksheet Landscaping and Lighting District No. 1986-1 Fund Number 2703 Maintenance - Tree $14,900.00 Maintenance - Landscape 53,780.00 Utilities Water 31,256.00 Utilities Electricity 1,730.00 Miscellaneous Expenses 0.00 Sub-Total Direct Costs $101,666.00 TOTAL DIRECT $101,666.00 District Administration $2,840.00 Public Works Administration $1,299.00 County per Parcel Fee 1,726.09 TOTAL ADMIN $5,865.09 TOTAL DIRECT AND ADMIN COSTS 5107,531.09 Reserve Collection/(Transfer) (6,505.00) Capital Improvement Fund Collection/(Transfer) 0.00 General Fund Loans RepaymenV(Advances) 0.00 Delinquency Contingency 507.67 Other Revenues/General Fund (Contributions) 0.00 TOTAL ADJUSTMENTS ($5,997.33) Balance to Levy (Budgeted) $101,533.77 Total Revenue at Maximum Rate 5104,009.38 Variance abovel(below) Maximum Revenue ($2,475.61) Applied Charge $101,534.78 Total Parcels 1,o1s Total Parcels Levied 948 Total Equivalent Benefit Units 651.50 Proposed Levy per Benefit Unit $155.85 Applied Levy per Benefit Unit $155.86 Maximum Levy per Benefit Unit (Prior Fiscal Year) $155.87 Maximum Levy per Benefit Unit (Current Fiscal Year) $159.65 Inflationary Factor Applied to Maximum Rate 2.423% Beginning Reserve Fund Balance $81,867.00 Reserve Fund Adjustments (6,505.00) Prior/ Penalties/Public Damage 1,090.00 Interest 1,212.00 Anticipated Reserve Balance 577,664.00 Willtlan Ftnancial Se~vicer Page 1-t ~3~~ ~i~~ City of Dublin Landscaping and Lighting District 1986-1 Engineer's .~nnual Lew Report Fiscal Year 2010/2011 APPENDIX A- DISTRICT BOUNDARY MAP ~anc~sc~pe '~ightin~ Diskritk 86-f . CityofDub(in Q ek'''t ~ ;~ ~t~g P~rks RFTA ~ Cpty of Duplin 1._..._.._~ ~1~ oi C}ublin, Sphere af Influence ~` Parc~is ~~ ~~ ~ ~ ~~ : ~ ~ ~ s. ~~ °~°Y°~ ~ ~ ~ ~ ~ ' n ~ . ~ ~ .~ ~ d~ :i ~ L'~-: ~`~ y.~ L~~kt6 ~~ ~'r.p... ~+^4 ~t~1U(~~~. .. . Will~lan Financzal Seruice.r Pade i~ ~~ ~ 11;~ ~ City of Dublin I.andscaping and Lighting District 1986-1 Engineer's ~nnual Lev~~ Report Fiscal Year 2010/2011 APPENDIX B- 2010/2011 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 oY parcels include areas of public streets and other roadways (typicall~ 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. - Willdan Finanezal Seruice.r Page 1(i ~~ ~b ~~7 RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1986-1 (TRACT 5511) WHEREAS, by its Resolution No. 19-10, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 1986- 1(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. 19-10 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 of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the several lots 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 of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. ATTACHMENT . ~ (~~~~ I! j' PASSED, APPROVED AND ADOPTED this 18th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ~~ ~~%' ~ RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1986-1 WHEREAS, by its Resolution No. 19-10, a resolution directing preparation of annuaf report for City of Dublin Landscaping and Lighting Maintenance Assessment District 1986-1 (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. 19-10, 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 2010-2011, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearinq(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. ATTACHMENT ~ o. ~g ~ ll 7 ~ Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published 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 of the 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 Hearinq: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesdav, June 15, 2010, 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 Glerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED this 18th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 2 ~~~ i~~ CITY OF DUBLIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1997-1 ~SANTA RITA AREA~ ENGINEER'S ANNUAL LEVY REPORT F~SCA~. YE~x 2010/2011 ~~ 'II! ~'y~~1~ 11 ~9 ,..,~... ~,~ 8~ r~~~ .~11~ ~~ ~ INTENT MEETING: May 18, 2010 PUBLIC HEARING: June 15, 2010 ` ~ . VV~ LLC~A1'~ Financial Services Corporate Offrce: 27368 Via lndustria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 TeL (800) 755-MUNI (6864) Fax: (951) 587-3510 Offtce Locations: Oakland, CA Phoenix, AZ Orlando, FL Sacramento, CA www.willdan. com / financial ATTACHMENT t!. ~~ ~ ll ~~ ENGINEER'S REPORT AFFIDAVIT Landscape Maintenance Assessment District No. 1997-1 Pursuant to the Landscaping and Lighring Act of 1972 Citv 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 2010/2011 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 da~ of , 2010. On Behalf of the City of Dublin Bv: Chris Foss Acting Public Works Director City of Dublin ~/ ~i~ TABLE OF CONTENTS I. OVERVIEW .......................................................................................................................1 A. INTRODUCTION .................................................................................................................... 1 B. APPLICABLE LEGISLATION .................................................................................................. .. 2 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS ................................ ..4 A. DisTxicT ............................................................................................................................. .. 4 B. IMPROVEMENTS .................................................................................................................. .. 5 III. METHOD OF APPORTIONMENT .............................................................................. ..6 A. BACKGROUND ...................................................................................................................... ..6 B. BENEFIT ANALYSIS ............................................................................................................. .. 6 C. ASSESSMENT METHODOLOGY ............................................................................................ .. 7 D. RATE CLASSIFICATIONS ......................................................................................................... 8 E. INFLATIONARY FACTOR APPLIED TO MAXIMUM RATE ...................................................... .. 9 IV. DISTRICT BUDGET ....................................................................................................... 11 A. DESCRIPTION OF BUDGET ITEMS ........................................................................................11 B. DISTRICT BUDGET ...............................................................................................................15 APPENDIX A- DISTRICT BOUNDARY MAP ................................................................... 1G APPENDIX B- 2010/2011 ASSESSMENT ROLL ................................................................ 17 ~d ~ ~~~ .~ City of Dublin Landscape ~laintenance Assessment District 1997-1 Engineer's :~nnual Levy Report Fiscal Yeat 2010/2011 I. OVERVIEW A. Introduction The City of Dublin ("Cit~~") 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 Land.rcape and Lighting Act of 1972, Part 2 of Divi.rion 15 of the California Streets ~and Highzvay.c Code ("1972 Act"). A diagxam 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 pYOVisions 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 2010/2011. 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 unprovements and the annual levy including all expenditures, deficits, surpluses, revenues, and Yeserves aYe assessed to each parcel within the District proporrionate 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 zvith 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 Lew Report, the Ciry 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 resoluuon: order the improvements to be made and confirm the levy and collection of assessments puYSUant to Cbapter 4, Article 1, beginning avith 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 2010/2011. Willrlan Financzal Service.r Page 1 7~~ ~i'~ Ciry of Dublin Landscape ~-laintenance r~ssessment District 1997-1 Engineer's :~nnual Levy Report Fiscal Year 2010/2011 The assessments as approved will be submitred 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 Land.rcaping and Lighting Act of >972, Part 2 of Divi.rion 15 of the California Street.r and Highavays Code, beginning avith 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 Califorrua 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 Consritutional 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 initiarive process to all local taxes, assessments, fees, and charges. 3) Adds substantive and procedural requirements to assessments. 4) r~dds substantive and procedural requirements to property-related fees and charges. Willcfan Financzal Seruicer Page 2 7 ~ I If' ~ Ciry of Dublin Landscape ~~Iaintenance c~ssessment District 1997-1 Engineer's rlnnual Levy Report Fiscal Year 2010/2011 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 XIIIC and Article XIIID of the California Constitution. The proposed assessments for the current fiscal year may be less than or equal to the ma~mum assessment rates previously approved and adopted for the District. Any proposed assessment that exceeds the adjusted maxunum assessment rate is considered an increased assessment. Pursuant to the provisions of the California Constitution r~rticle 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 of the 1972 Act (Improvements and Services) The Method of Apportionment described for the District Report utilizes commonl}~ accepted assessment-engineering practices and have been established pursuant to the 1972 Act and the provisions of the Califorrua 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 faciliries, 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; Willrlan Financial Service.r Page :i 1~~ (~ ~' 6 Ciry of Dublin Landscape l7aintenance ~ssessment District 1997-1 Engineer's r~nnual Levy Report Fiscal Year 2010/2011 c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimining, 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 unprovements. 7) The acquisition of land for park, recreational or open-space purposes, or the acquisition of any e~sting unprovement 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, £ 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 utiliry costs for the Santa Rita development area, also known as Emerald Park. The total District area is approximatel~~ 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. Will~lan Financzal,Seruicer Page -~ ~~~~1~~ City of Dublin Landscape ~laintenance :lssessment District 1997-1 Engineer's .-~nnual Levy Report Fiscal Year 2010/2011 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 Counry 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 lighung, 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: 1) The northerly and southerl~~ street frontages for Dublin Boulevard, from Arnold Road to Tassajara Road. 2) The northerly and southerly street frontages for Central Parkway from Arnold Road to Tassajara Road, excluding the future school frontage landscaping. 3) The southerly street frontage for Gleason Drive, from Arnold Road to Tassajara Road and the northerly street frontage for Gleason Drive, from Tassajara Creek to Tassajara Road. 4) The easterly street frontage for Arnold Road, from Dublin Boulevard to Gleason Drive. 5) The easterly and westerly street frontages for Hacienda Drive, from the I- 580/Hacienda interchange to Gleason Drive. 6) The westerly street frontage of Tassajara Road, 350 feet southerly of the Tassajara Road and Dublin Boulevard intersection, to 450 feet northerly of the Gleason Drive and TassajaYa Road intersection. 7) Tassajara Creek and trail, from I-580 to the northerly property boundary of the Alameda County Surplus Property Authority property (APN 986-1-1-10). 8) Street median landscaping is not part of this District. I~illrlan Financial Seruicer Page ~ ~~ i~~ City of Dublin Landscape l~Iaintenance 1~ssessment District 1997-1 Engineer's .~nnual Levy Report Fiscal Yeax 2010/2011 III. METHOD OF APPORTIONMENT A. Background Pursuant to the 1972 Act, the costs of the District may be apporuoned by any formula or method that faiYly 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 unprovements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the California Constitution. All the assessed parcels receive direct and special benefits from the improvements and activities to be funded through the District assessments. The unprovements 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 desirabiliry and securiry of those properties is enhanced by the presence of well-maintained public landscaping in close pro~mity to those properries. The special benefits associated with street landscape improvements are specifically: 1) Enhanced desirability of properues through association with the unprovements. 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 qualin~ of life through well-maintained green space and landscaped areas. Willdan Fifranczal Se~vice.r Page 6 ~I~ ~ li~ City of Dublin Landscape 1~~Iaintenance r~ssessment District 1997-1 Engineer's :~nnual Lew Report Fiscal Year 2010/2011 7) Reduced crirninal 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 qualiry 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 negarive unpact on the properries within the District. General Benefit In reviewing each of the District improvements, the proxunity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and construcring such improvements, it is evident that the improvements are solely the result of developing properries within the District and the ongoing maintenance and operarion of these improvements will directly effect the properties within the District. r~lthough the improvements include public areas, easements, right-of-ways and other ameniues available or visible to the public at large, the construcrion and installarian of these improvements were only necessary for the development of properries 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 unprovements 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. C. Assessment Methodology The initial Engineer's Report provides for a maxirnum 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 ~vithin 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: Willrlan Financzal Service.r Page ? 79~~ ~i~ City of Dublin Landscape ~laintenance ~~ssessment District 1997-1 Engineer's :~nnual Levy Report Fiscal Year 2010/2011 Cost of maintenance of installed Improvements ("M") 2. Total amount of de~-eloped acres ("A") 3. The annual assessment for the developed acres for that ~ear ("M") shall be spread on a per-acre basis ("M" ="A") based on the following: A. CommeYCial developed area, per acre basis. B. Single-family residential area, per acre basis. C. Multi-family residential aYea, 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 ma~mum developed acre amount. The ma~mum 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 LJrban Consumers and Clerical Workers" (applies to all costs except water and electricity), plus any actual increase in the cost for water and electriciry. 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 $656.18 multiplied by the number of acres per individual lot for Fiscal Year 2010/2011. !~'illrlan Financzal Seruice.r Page 8 ~o ~~~ ~ City of Dublin I,andscape 1~laintenance ~lssessment Dist~ict 1997-1 Engineer's rlnnual Levy Report Fiscal Year 2010/2011 For fiscal year 2010-2011, the following assessments resulted from this calculation: Property Type Rate Basis California Creekside Single-Family Residential (SFR) $93.30 Lot California Brookside Multi-Family Residential (MFR) $40.42 Unit SummerGlen - Richmond American (North) Lots $81J0 Lot SummerGlen - Richmond American (South) Lots $89.90 Lot SummerGlen - Kaufman & Broad Lots $125.10 Lot SummerGlen - Pulte Lots $156.98 Lot Dublin Greene Tract 7084 Single-Family Residential $98.82 Lot Dublin Greene Tract 7149 Multi-Family Residential $74.40 Lot Dublin Greene Tract 7149 Condominiums/Apartments $38.78 Unit Retail, Office, and Industrial $656.18 Acre E. Inflationary Factor Applied to Maximum Rate The District assessments include ~ 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 I. B. The maxirrium 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 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 Ciry 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 ma~num amount allowable regardless of whether the incYease is levied to the parcels within the District. Wzllcfan Financial Service.r Page 9 ~1~:~/J Cin- of Dublin Landscape ~~Iaintenance rlssessment District 1997-1 Engineer's r~nnual Levy Report Fiscal Year 2010/20ll Since utilities comprise appro~mately 20% of the annual budget, 80% of the Maximum Developed Acre Assessment is subject to the Index increase. Since a majority of utiliry costs are xelated to water usage, the annual increase in water costs is used to approximate the increase in the utility portion of the maximum assessment. The change in the Index for April to April of the preceding year and the maintenance porrion of the Maximum Developed Acre Assessment is documented in the table below: ear ~ ril CPI Chan re b4as. L~Iaint. ,°~mount Water Unit Cost ~I'iec 1~~> % Changc in Utilirv Cost Max. Utiliry Amount h1ax. Devclopcd l~cre Char e % Changc in I~1ax. Dcvclopcd l~cxe Char re 1997 156.70 5568.00 Si.6G S142.00 ~710.00 1998 160.80 2.62% 582.86 1.60 -3.61% 136.87 719.73 137% 1999 168.80 4.98% 611.86 159 -0.G3% 136.01 747.87 391% 2000 174.90 3.61% 633.97 1.59 0.00% 136.01 769.98 2.96% 2001 184.90 5.72% 670.22 1.58 -0.63% 135.16 80537 4.60% 2002 188.80 2.11% 68435 1.74 10.13% 148.84 833.20 3.46% 2003 ]93.60 2.54% 701J5 1.77 1.72% 151.41 853.16 2.40% 2004 194.70 0.57% 705.74 1.77 0.00% 151.41 857.15 0.47% 2005 ] 9930 2.36% 722.41 1.77 0.00% 151:41 873.82 ~ 1.94% 2006 204.90 2.8]% 742.7] 1.84 395% 157.39 90010 3.01% 2007 211.20 3.07% 765.51 1.96 6.52% 167.65 933.16 3.67% 2008 217.91 3.18% 789.85 2.05 4.59% 173.35 962.83 3.18% ~009 218.58 0.31% 79229 2.45 19.51% 20717 999.46 3.80% ;lftcr 12cset of Water 12atcs bv DSRSll in 2009(~> 2009 218.58 031% 792.29 2.77 207.17 999.4G 2010('-> 2.423% 811.49 2.94 6.14% 219.88 1,031.37 3.19% (1) Watcr Rate stmctuie was reset in 2009 to Water Shortage Stage Kates. Tier 1 rates are for Stage 1 Water Sl~octagc 12ates efEccdve ~anuarv 201Q 1s provided by Dublin San Kamon Scrviees District. (2) I~or thc purposes of the preliminary I:ngineccs Rcport CPI is estimatcd using the I~ebruary-l~ebruary change. The percentage difference for the Index from April 2009 to April 2010 was 2.42%. The actual increase in utility cost of water from April 2009 to April 2010 was 6.14%. Therefore, tl~e ma~mum assessment rate allowed per acre for fiscal year 2010/2011 has been adjusted by 2.42% for the annual budget, and 6.14% fot the utilities, from $999.46 to $1,031.37 for a combined change of 3.19%. However, the~ assessment per acre for the current fiscal year is proposed to be $656.18, an increase of $3124 (5.00%) over Che applied rate of $624.94 from prior fiscal year 2009/2010. IY~illdan Financral Serviee.r Page 1 U ~~ ~ 11''~ ~ City of Dublin Landscape Maintenance r~ssessment District 1997-1 Engineer's .lnnual Levy Report Fiscal Year 2010/2011 IV. DISTRICT BUDGET A. Description of Budget Items The following describes the services and costs that are funded through the District, shown in the budget. DIRECT COSTS: Maintenance Tree - The cost of installation and maintenance of trees and plantings along the street frontages within the District Maintenance Landscape - The cost of maintenance and repair of the landscaping and open space areas within the District Utilities Water - The cost of furnishing water for maintenance of landscape and irrigation systems within the District. Utilities Electricity -The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District. ~~ Miscellaneous Expenses - Costs that cannot easily be categarized 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. Public Works Administration - The cost of services provided to administer the District from the Public Works department of the Cit,y of Dublin. 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 budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Willdan Financzal Seruicer Page 1 l ~~? !1'~ ,,> ~ City of Dublin Landscape 1~Zaintenance ~~ssessment District 1997-1 Engineer's :lnnual Levv Report Fiscal Year 2010/2011 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 S, beginning zvith Section 22660, provides for the DistYict 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 collecuon of funds necessary to complete the project may be collected over a period up to thirry years, but typically not more than five years. The funds collected shall be accumulated in a separate unprovement 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 separatel~~), 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 orily occur after the project has been completed and excess funds are being credited back to the District's YegulaY accounts. The actual fund balances and expendituYes 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 direcdy impacts the Reserve Fund Balances either positively or negativel~. 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 rypically 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 Ciry may advance funds to the District as a temporary loan to meet current expenditures, and collect Yepayment 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 (~dvance) is shown as a negarive 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 f~'illrlan Financial Service.r Page 1~ ~~ ~i~ Ciry of Dublin Landscape i~laintenance ~ssessment District 1997-1 Engineer's rlnnual Lew Report Fiscal Year 2010/2011 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 Counry is unable to collect in the 2008/2009 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 Ciry General Fund Contributions and/or interest earrungs. Any funds indicated on this line will be shown as a negative number indicaung a reduction in the amount to be levied and represent funds that do not have to be Yepaid. ~ 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 tr~e sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contributior~ 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 parcePs 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 2008/2009, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apporrionment. Maximum Levy per Acre (Current Fiscal Year) - This is the maxirnum rate per acre allowable to assess property owners in fiscal year 2010/2011 within the District, in Willclan Financial Seruice.r Page 13 gS~ II'? Citp of Dublin Landscape i~Zaintenance rlssessment District 1997-1 F,ngineer's rlnnual Levy Report Fiscal Year 2010/2011 accordance with Proposition 218, adjusted for inflation as descYibed in the Method of Apportionment. Inflationary Factor -The ma~mum 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 Farners and Clerical Workers" for the San Francisco-0akland-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. lY'illdan Financial Seruic•e~~ Page I-4 gG~~~ IJ~ ~ City of Dublin Landscape 1~laintenance ~ssessment District 1997-1 Engineer's .~nnual Levy Report Fiscal Year 2010/2011 B. District Budget a R e 2010/17 Budget Worksheet Landscape Maintenance District No. 1997-1 Fund Number2704 . - • Maintenance - Tree $27,790.00 Maintenance - Landscape 184,360.00 Utilities Water 83,280.00 Utilities Electricity 500.00 Miscellaneous Expenses 0.00 Sub-Total Direct Costs §295,930.00 TOTAL DIRECT ,~ • • $295,930.00 District Administration $2,910.00 Public Works Administration $2,937.00 County per Parcel Fee $4,640.87 TOTAL ADMIN • • ~ ~ ~ $10,487.87 TOTAL DIRECT AND ADMIN COSTS 5306,417.87 Reserve Collection/(Transfer) (38,877.00) Capital Improvement Fund Collection/(Transfer) 0.00 General Fund Loans RepaymenU(Advances) 0.00 Deliquency Contingency 5,459.85 Other Revenues/General Fund (Contributions) 0.00 TOTAL ADJUSTMENTS ($33,417.15) Balance to Levy (Budgeted) $273,000.72 Total Revenue at Maximum Rate ~ $429,095.45 Variance above/(below) Maximum Revenue (E756,103.11) Applied Charge $272,992.34 Total Parcels g77 Total Parcels Levied 975 Total Developed Acreage 416.Oa Proposed Levy per Acre Es5s.~s Applied Levy per Acre E656.18 Brookside $qp.qz Commercial/Industrial $656.18 Creekside $93.30 Kaufman & Broad $125.10 Pulte $156.98 R A (North) $81.70 R A (South) $gg.gp Tract 7084 SFR $gg.gp Tract 7149 Condos $3g_7g Tract 7149 MFR $7q.qp Maximum Levy per Acre (Prior Fiscal Year) $999.46 Maximum Levy per Acre (Current Fiscal Year) $1,031.37 Inflationary Factor Applied to Maximum Rate ~ : •- • 3.1g°/, Beginning Reserve Fund Balance $155,572.00 Reserve Fund Adjustments (38,877.00) Prior/ Penalties/Public Damage 1,430.00 Interest 1,830.00 Anticipated Reserve Balance E119,955.00 Will~lan Financial Service.r Page 1~ 8~~ il ~ ~ Cit~~ of Dublin Landscape 1~laintenance .-~ssessment District 1997-1 Engineer's .lnnual Levy Report Fiscal Year 2010/2011 APPENDIX A- DISTRICT BOUNDARY MAP ~ ~ ~ 4.~ ~ ~ ~ :~~ ~ ~ - ~. ~~„~ ~~ s,., , ~ ~ Y~.:! ~ .~ {f~ ~ ~1 ~ ~ ~a.a~~ 4ii ~ ~ ~ _. [Jli ~ ~ ~ C,e ` ~ ~ _ C]. {J'j 47 ix s`9 :%i ,,. ~ -3 "__'~ L ] ~, .~ `.n ~ «7. :. t-= a.Ts . C:? l Y ~ , ~ ~ ~ ~ ~ ~ ~ ~ K ~ ad ~ ~. I~illdan Financzal Service.r Page 16 ~,~ 1~(7 ., ~ Ciry of Dublin Landscape :~Iaintenance :~ssessment District 1997-1 Engineer's .~nnual Levy Report Fiscal Year 2010/20ll APPENDIX B- 2010/2011 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 Counry 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 appoYtionment and assessment Yate ratheY 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. 1~'zllclan Financzal Seruice,r Page l- ~~ i~7 ~ RESOLUTION NO. -10 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. 20-10, 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. 20-10 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 of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the several lots 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 of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. ATTACHMENT ~,~. q~ ll ~ PASSED, APPROVED AND ADOPTED this 18th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ~/~ ~~7 ~ RESOLUTION NO. -10 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. 20-10, 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. 20-10, 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 alt 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 2010-2011, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. ATTACHMENT 13, qa 1,~~ ~ Section 5 Public Hearinq(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 owners in the District by causing the publishing of this Resolution once a week in a local newspaper published 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 of the 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 Hearinq: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesdav, June 15, 2010, 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, aP~Pk20VED, AND ADOPTED this 18th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 2 9~~ i~~~ ~ CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT N0.1999-1 ~DUBLIN RANCH AREA AND TRACT 7067~ ENGINEER'S ANNUAL LEVY REPORT F~sCAL YE~t 2010/2011 ~~1~. 1g ~ ~.~" v.~ ~',~.~~.~ ~ ~ , 1 , . ~ t .. ~,~it 1 ~ ~- J, ~ ~~. INTENT MEETING: PUBLIC HEARING: -1'~, 8~ May 18, 2010 June 15, 2010 T2 ~1 L~~~~ ~ Financial Services Corporate Office: 27368 Via lndustria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-6864 Fas: (951) 587-3510 Office Locations: Oakland, CA Oslando, FL www.willdan.com /financial PhoeniY, AZ Sacramento, Cr~ ATTACHMENT 1 . ~ ~ ~i~ ~ ENGINEER'S REPORT AFFIDAVIT Street Lighting Maintenance Assessment District No. 1999-1 Pursuant to the Landscaping and Lighung r~ct of 1972 City of Dublin Alameda County, State of California This Repart describes the District and sen=ices therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2010/2011 as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Alameda Counry 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 , 2010. On Behalf of the Ciry of Dublin By: Chris Foss Acting Public Works Director Ciry of Dublin ~.~~~~' ll ~ .~ ~ TABLE OF CONTENTS I. OVERVIEW .......................................................................................................................1 A. INTRODUCTION .................................................................................................................... 1 B. APPLICABLE LEGISLATION .................................................................................................... 2 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS ................................ ..4 III. METHOD OF APPORTIONMENT .............................................................................. ..5 A. BACKGROUND ........................................................................................................................5 B. BENEFIT ANALYSIS ............................................................................................................... 6 C. ASSESSMENT METHODOLOGY .............................................................................................. 7 D. LAND USE CLASSIFICATIONS ................................................................................................. 8 E. INFLATIONARY FACTOR APPLIED TO MAXIMUM RATE ........................................................ 9 IV. DISTRICT BUDGET ....................................................................................................... 10 A. DESCRIPTION OF BUDGET IT~MS ........................................................................................ 1Q B. DISTRICT BUDGET ............................................................................................................... 14 APPENDIX A- DISTRICT BOUNDARY MAP ................................................................... 15 APPENDIX B- 2010/2011 ASSESSMENT ROLL ................................................................ 17 ~~ . ~~~ ~ ~ I. OVERVIEW A. Introduction ~ City of Dublin Street Lighting t~laintenance tlssessment District 1999-1 Engineer's :~nnual Levy Report Fiscal Year 2010/2011 The City of Dublin ("Ciry") annually levies and collects special assessments in order to maintain the improvements within the StYeet Lighring Maintenance Assessment District No. 1999-1 ("District"). The District was originally formed in 1999 and is annually levied pursuant to the Lan~rcape and Lighting Act of 1972, Part 2 of Di~ri.cion 15 of the California Street.r and Higbzvays Code ("1972 Act"). A diagram of the boundaries of the District can be found within Appendix A of this document. This Engineer's Annual Lew Report ("Report") has been prepared in accordance with the provisions of Chapter 3, Section 22622 of the 1972 Act. This RepoYt descYibes 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 disfrict budgets and proposed annual assessments for fiscal year 2010/2011. 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 arc assessed to each parcel within the District proportionate to the parcel's special benefihs. 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 rllameda Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tas roll. Pursuant to Chapter 3, beginning zvith 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 Ciry 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 unprovements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, ~rticle 1, beginning zvitb 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 2010/2011. 6Y~illdan Financzal Ser~rice.r Page 1 ~~ ~~~~ ~a City of Dublin Street Lighting ~laintenance l~ssessment District 1999-1 Engineer's .-lnnual Levy Report Fiscal Year 2010/20ll The assessments as approved will be submitted to the County Auditor/Controller to be included on the propern~ 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 Counry. 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 Landsca~ing and Lzghting Act of 1972, Part 2 of Division 15 of the California Street.r and Highivay.r Code, beginning zvith Section 22500. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering pracrices 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 Ciry 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 rlct (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 initiarive process to all local taxes, assessments, fees, and charges 3) Adds substantive and procedural requirements to assessments. 4) rldds substantive and procedural requirements to property-related fees and charges. Willdan Financial Senricer Page ~ ~ ~i~7 City of Dublin Stree[ Lighting Maintenance 1~ssessment District 1999-1 Engineer's ?,nnual Lew Report Fiscal Year 2010/2011 The assessments contained in this report ~vere initiated in accordance with a petition by the original developers 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 Article XIIID of the California Constitution. The proposed assessments for the current fiscal year may be less than or equal to the maxirrium assessment rates previously approved and adopted for the District. Any proposed assessment that exceeds the adjusted maximum assessment rate is considered an increased assessment. Pursuant to the provisions of the California Constitution Article XIIID, all new or increased assessments (the incremental increase) are subject to both the substantive and procedural requirements of Article XIIID Section 4, including a properry owner protest proceeding. Provisions of the 1972 Act (Improvements and Services) The Method of ~pportionment 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 installauon 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 litriited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigarion, drainage, or electrical faciliries. 5) The installation of park or recreational improvements including, but not lirruted 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 an~ improvement, including, but not lirriited 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, guttexs, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; Willdan Financzal Seruicer Page 3 ~ ~~~ Ciry of Dublin Street Lighting ~laintenance zlssessment District 1999-1 Engineer's 3nnual Lew Report Fiscal Year 2010/2011 c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, tritnining, spraying, fertilizing, or treating for disease orinjury; d. The removal of triini7ungs, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. £ 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 unprovements. 7) The acquisition of land for park, recreational or open-space purposes, ar the acquisition of any e~sting improvement other~vise 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, £ 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 established to fund the electric energy, maintenance, and repair costs associated with the decorarive street lighting within all of the Dublin Ranch development (excepting the golf course) and also in Tract 7067, which is the Clifden Parc development off Mountain Rise Place in the western hills. A special light fixture has been created as a communiry element, which is a benefit to the homeowners within the District boundary. The District was formed in 1999 by a formal petition of the developers in Dublin Ranch. The Clifden Parc development was annexed in 2000, and Dublin Ranch Areas A and G were annexed in 2001. The remaining portions of Dublin Ranch, including Areas B, C, F and H, were annexed in December of 2005 and were added to the assessment in 2006-2007. As of the current fiscal year the entire District is made up of single-family residential lots, with the exception of four commercial properties. Willdan Financial Service.r Page 4 ` f 1 ~~ ~! ~ ~ ,~~ ~',::~y i ', /~~ ~ //~ 6 City of Dublin Stseet Lighting Maintenance ~~ssessment District 1999-1 Engineer's ~lnnual Levy Report Fiscal Year 2010/2011 B. Improvements The Improvements include the maintenance, operation, repair and replacement of all public street lighting facilities located within the public streets and within public easements within private streets within the District Boundaries, as shown in Appendix A and, including, but not limited to, the lighting poles, fixtures, conduits, conductors, service boxes, controllers, and appurtenances, and the furnishing of power, together with all incidental expenses for the maintenance, operation, and repair of the street lighting system. FoY the first seveYal years of operation, this District did not incu~ a significant maintenance cost; however, as these lights age, the number of repairs incxease. A portion of funds collected from the annual assessments of this District are being set aside for future pole painting costs in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF). The Fund was established for proposed improvements and expenditures that are greater than can be conveniendy raised from a single annual assessment. The poles are expected to need repainting on a ten-year cycle, with the first phase of the pole painung commencing in the next few years. The funds are not considered part of the regular maintenance of the improvements or the Reserve Fund. _ . An operating Reserve of approximately $87,131.68 is projected to be retained at the end of fiscal year 2010-2011. This reserved is commensurate with the amount allowed by the 1972 Act, which permits a reserve of up to 50% of the operating cost for the District to cover the District costs for the first six months of the fiscal year prior to receipt of the assessments from the county. 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. Willclan Financial Seruic•er Page > /~~ ~~ ~~~~' City of Dublin Street Lighting Maintenance 1~ssessment District 1999-1 Engineer's 1~nnual Levy Report Fiscal Year 2010/2011 B. Benefit Analysis Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the California Constitution. All the assessed parcels receive direct and special benefits from the 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 sarisfactory condition. The net amount to be assessed upon all assessable lots or parcels of land within said street light maintenance assessment district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the acquisition and maintenance of said improvements. 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 public lighring and well-maintained landscaping in close prox.it7uty to those properties. The special benefits of street lighring and other public lighting facilities are the convenience, safety, and security of property, improvements, and goods. Specifically: 1) Enhanced deterrence of crime and the aid to police protecrion. 2) Increased rughttime safety on roads, streets and public areas. 3) Improved ability of pedestrians and motorists to see. 4~ Improved ingress and egress to property. 5) Reduced vandalism and other criminal act and damage to improvements or property. 6) Improved traffic circularion and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the estheric 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 detern~ined that the lack of funding to properly service and maintain the District improvements would have a negarive impact on the properries within the District. I~'illdan Finanezal Service,r Page (i /~,~ ~r~ Ciry of Dublin Street Lighting 1~laintenance ~ssessment District 1999-1 Engineer's .lnnual Levy Report Fiscal Year 2010/20ll General Benefit In reviewing each of the District improvements, the pro~mity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and construcring such improvements, it is evident that the unprovements are solely the result of developing properties within the District and the ongoing maintenance and operarion of these improvements will clirecdy effect the properries within the District. i~lthough the unpro~rements include public areas, easements, right-of-ways and other amenities available or ~nsible to the public at large, the construction and installation of these improvements were only necessary for the development of properries 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 unprovements 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 properries outside the District or to the public at large, but clearly provide disrinct and special benefits to properries within the District. 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 impxovements. Each parcel's EDU is calculated based on the parcePs 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 irito 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 formulas are used to calculate each property's assessment: Total Balance to Levy / Total EDUs = Levy per EDU (Rate~ Parcel EDUx Levyper EDU = Parcel LevyAmount 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. Will~lan Financzal Servicer Page - l~ ~~r~ City of Dublin Street Lighting i~lainrenance :lssessment Distcict 1999-1 Engineer's :~nnual Levy Report Fiscal Year 2010/2011 D. Land Use Classifications Every parcel within the District is assigned a land use classification based on available parcel information obtained from the ~lameda 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. 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). This land use classification may include, but is not limited to lots or parcels identified as single family residential homes, condominium, vacant residential land zoned for four units or less, planned development (tract or townhouse type), and modular/manufactured single family residential unit. Commercial - This land use identifies properties that are considered unproved commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification ma~ include, but is not limited to, lots or parcels identified as car washes, commercial garages, automotive dealerships, parking lots, funeral homes, nursing or boarding homes, hospitals, hotels/motels, banks, medical-dental, single and multi-story office buildings, bowling alleys, theatres, vacant commercial land, department stores, discount stores, restaurants, shopping centers, supermarkets, commercial or industrial condominium prior to sale of one unit, and miscellaneous commercial. Common Open Space & Other Exempt Properry - This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. "I'his land use classification may include, but is not limited to, lots or parcels idenufied as exempt public agencies, and property leased or owned by public urilities. lY/illdan FinanczalServicer Page 8 /l~~ ~ 1,1 ~ City of Dublin Street Lighung;~faintenance rlssessment District 1999-1 Engineer's .~nnual Lew Report Fiscal Year 2010/20ll The following table shows the EDU factors for each properry rype in the District: Property Type EDU Factor Basis Single-Family Residential (SFR) 1.00 Parcel Commercial 5.50 Acre Exempt, Common Open Space, Public Land 0.00 Parcel E. Inflationary Factor Applied to Maximum Rate It is recognized that the cost of maintaining the District unprovements increases slighdy every year as a result of inflation. The District assessments include a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. The City Council and the original District properry o~vners approved the assessment adjustment formula described within this Report. The ma~mum assessment amount allowed for each fiscal year shall be increased in an amount equal to the annual percentage increase of the local San Francisco-Oakland-San Jose Area Consumer Price Index ("Index") for "All Urban Wage Earners and Clerical Workers" (applies to all costs except electricity), plus any actual increase in the cost of electricity. Each fiscal year the City shall identify the annual percentage difference in the Index between April of the current fiscal year and that of the previous April. Should the Bureau of Labor Statistics revise such index or disconunue the preparation of such index, the City shall use the revised index or comparable system as approved bv the Ciry 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 vear, the Ciry Council may authorize the assessment without applying the adjustment formula to the amount levied. If the budget and assessments for a district require an incYease 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 ma~num assessment rate shall increase at the ma~mum amount allowable regardless of whethex the increase is levied to the parcels within the District. The percentage difference of the Index for April 2009 to April 2010 was 2.423%~'~. Utility costs consist of PG&E electric rates and research is still being done on calculating actual rate increases. For now the Index is being used as an estimate for the entire cost of maintenance within the District. Therefore, the maxirnum assessment zates allowed for fiscal year 2010/2011 have been adjusted from $44.31 to $4538. However, the assessment rate for fiscal year 2010/2011 is proposed to be $38.90, an increase of $0.00 (0.00%) over the prior ~ear assessment rate. (1) ]~or the purposes of the preliminary Engineers Report CYI is c,rimated Using the I~ebxuary-I~~ebruary changc. IY/illtlan Financial Seruicer Page 9 ~~ ~ ~r~ City of Dublin titreet Lighting i~faintenance r~ssessment District 1999-1 Engineer's .lnnual LeW Report Fiscal Year 2010/2011 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 - The cost of ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. Contract with Alameda County - The cost of street light maintenance provided from the County of Alameda based on the current fiscal year contract. California Street Light Association-- The cost of Street Light r~ssociauon dues based on relarive numbeY of lights within the District. Utilities Electricity - The cost of street light electrical energy use, including miscellaneous PG&E charges. 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 Counn~. These fees can also include any additional administrative, legal, or engineering services specific to the DistYict such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration - The cost of services provided to administer the District from the Public Works department of the City of Dublin. County per Parcel Fee - The cost to the District for the County to collect assessments on the property tax bills. IY/illdan Financial Service.r Page 10 /~~' ~~7 ~ LEVY BREAKDOWN: City of Dublin Stzeet Lighting ~llaintenance rlssessment District 1999-1 Engineer's ~nnual LeW Report Fiscal Year 2010/2011 Reserve Collection/(Transfer) - The 1972 r~ct pursuant to Chapter ~, 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 Cbapter 5, beginning zvith Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed unprovements and expenditures that are greater than can be conveniendy raised from a single annual assessment. Depending on the nature of the planned unprovements, 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 yeaYS. 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 separatel~), 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. r~ negative number ('I'ransfer') 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. Sirrular 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 unprovement 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 unprovements, the Ciry 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 negauve number indicating the loan amount still outstanding. I~'illdan Financzal Servicet Page 1~l lD~a~ ~l ~~ Ciry of Dublin STreet Lighting ~laintenance r~ssessment District 1999-1 Engineer's ~~nnual Lew Report Fiscal Year 2010/2011 r~ 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 unprovements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the espenditures, 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 properry tax payments that the Count~~ is unable to collect in the 2010/2011 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 Genexal Fund Contributions and/or interest earrungs. 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 da 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 Levied - The total number of parcels within the District that will receive the special benefits during the current fiscal ~ear. Total EDUs - The total Equivalent Dwelling Units within the District applied to the parcels described above. Levy per EDU - This amount represents the rate being applied to each parcel's individual EDU factor. The Lew 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 - This is the rate per EDU approved by property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Willtlan Financial Service.r Page 1 ~ ~~ ll ~~l ~ City of Dublin Street I.ighting blaintenance l~ssessment District 1999-1 Engineer's 1~nnual Lew Report Fiscal Year 2010/2011 Inflationary Factor - Annual percentage increase in the San Francisco-Oakland-San 1ose rlrea Consumer Price Index for "l~ll Urban Wage Earners and Clerical Workers," applies to all cost except wateY and electricity, plus any addirional increase in the utility cost of water and electricity. Each fiscal year the Ciry shall identify the change in the Index for April to April of the preceding year. Willdan Financral Senrice.r Page 1_i /~'~ ~~ ~~ % Ciry of Dublin Street Lighting ~laintenance rlssessment District 1999-1 Engineer's rlnnual Levy Report Fiscal Year 2010/2011 B. District Budget .., 2010/11 Budget Worksheet Street Lighting Maintenance Assessment District No. 99-1 Fund Number 2705 ~- • Maintenance $3,000.00 Contract with Alameda County 18,650.00 California Street Light Association 390.00 Utilities Electricity 94,280.00 Miscellaneous Expenses 0.00 Sub-Total Direct Costs $116,320.00 TOTAL DIRECT $116,320.00 •r • • District Administration $3,910.00 Public Works Administration $2,229.00 County per Parcel Fee 3,167.69 TOTAL ADMIN $9,306.69 • • ~ ~ • TOTAL DIRECT AND ADMIN COSTS $125,626.69 Reserve Collection/(Transfer) 58,844.68 Capital Improvement Fund Collection/(Transfer) 0.00 General Fund Loans RepaymenU(Advances) 0.00 Delinquency Contingency 1,863.35 Other Revenues/General Fund (Contributions) 0.00 TOTAL ADJUSTMENTS a60,708.03 Balance to Levy (Budgeted) 3186,334.72 Total Revenue at Maximum Rate 5z17,392.13 Variance above/(below) Maximum Revenue $31,057.41 Applied Charge ~ - • $186,334.72 Total Parcels 3664 Totai Parcels Levied 3614 Total Equivalent Benefit Units 4,790.10 Proposed Levy per Benefit Unit 538.90 Applied Levy per Benefit Unit 538.90 Maximum Levy per Benefit Unit (Prior Fiscal Year) $44.31 Maximum Levy per Benefit Unit (Current Fiscal Year) $45.38 Inflationary Factor Applied to Maximum Rate . a •- • 2.423/ Beginning Reserve Fund Balance $94,072.00 Reserve Fund Adjustments 58,844.68 Transfer From/(to) the CIF (75,389.00) Prior/ Penalties/ Public Damage 4,350.00 Interest 5,254.00 Anticipated Reserve Balance $87,131.68 Beginning CIF Balance $244,465.00 CIF Adjustments 0.00 CIF - Pole Painting -113,150.00 Transfer From/(to) the Reserve Fund 75,389.00 Anticipated CIF Balance 52o6,7oa.oo Willdan Financzal Service.r Page l-~ l~l ~~ Il;~ Citv of Dublin Street I.ighting 1~Zaintenance ~ssessment District 1999-1 Engineer's 1-lnnual Levy Report Fiscal Year 2010/2011 APPENDIX A- DISTRICT BOUNDARY MAPS L'andscape Li~hting Qistrict 99-1 CityofDub{in ~ ~ M r'a`~~= _ ~ ~~~,~ ~ 99-1 ~~' ~ ~. Camp Parks RFTA ~ ~ ~ ~ nA``;,W ~ City of Dub{in ~,~ ~: ~"~` '~~~~ ~~ Ciry of Dublin, Sphere of Influence ~ ,_,.-,~ bl~ ~ u . ...,,.~.,~..,., ..,,..-.,, ` ~F ~, . ~ ~.,..~,.~,. ~ ~-.»...,e.» . . ~pg,ll.t, ;Er?Ap~;E ~ ~G . . „ S'`c,Ly. ~- r ;~ ~ r ~ ~ . .. ~... . ~C~ ~ .. ~ ~wr, vF ~ ~ ~ ~ o ~ ~ G fF . MO~~,{pU6tiNd~kqNr~, . ._,...,.,,. ~ ~ . ~ - ~~K BL tiFi L0.titE ~ eF,} ~ ~ . . ~. . . ... b~.. _,_ ~ ~99 I ~ ~,`~~ - ~ ~ ANT6N~?`~a~ ~ . . ... W'f`..~ ..SQV,~QiSRLYtlit4S2~~~ . ~ ~~.. . ~~pµQi714`E ~.~ ~. . ~ . iW~f i i.': ° : .i.. .. ~ . .. ~'R~~°~1 _ PfiRICRYkY ~ .. ~..~Q K ~ ~ ~ ~,4"s - FFtZNiAN ~FilY ~ +~ F\wa~ ~ aeafi.i . ~Ft9:t tR£ °~'I~"Y ~ . -. ,.. :. ~ . .... DU$C!A ~~L~ARi~ -~.. ': ~ ... . . . ... '~ 5,~ . p~ 3.00~ >,~~ <.«~a S.o3o s:~~ March 2007 ;:: I Will~lan Financial Seruice,r Page 17 1/~ !~i' City of Dublin Street Lighting l7aintenance ~ssessment District 1999-1 Engineer's .~nnual Levy Report Fiscal Year 2010/2011 ~ illdan Financza! Seruices Page 1 G ~~~ b~ l~',~ Ciry of Dublin Street Lighting ~laintenance r~ssessment District 1999-1 Engineer's 1~nnual Lew Report Fiscal I ear 2010/2011 APPENDIX B- 2010/2011 ASSESSMENT ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Alameda Counry 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 litde or no benefit from the improvements and are therefore exempted from assessment. Willda~a Financial Service.r Page 1? 1~~~ ll~ RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *~******* APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1999-1 WHEREAS, by its Resolution No. 21-10, a Resolution Directing Preparation of Annual Report for City of Dublin Street Lighting Maintenance Assessment District No. 1999-1, Dublin Ranch (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. 21-10 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 the acquisition of improvements and maintaining said improvements and of 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 acquired and 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 of the total amount of the cost and expenses of the proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said acquisition and maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. ATTACHMENT s ~ /~~ ~ ~~~r PASSED, APPROVED AND ADOPTED this 18th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ~~~ ~ ll'~ RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1999-1 WHEREAS, by its Resolution No. 21-10, a resolution directing preparation of annual report for City of Dublin Street Lighting Maintenance Assessment District 1999-1 (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 L~ndscaping 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. 21-10, 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 th~ 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 2010-2011, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearing~: 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. ATTACHMENT ~ ~i~ ~~~~ Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published 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 of the 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 Hearinq: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesdav, June 15, 2010, 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 18th day of May, 2010, by the following vote: . AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 2