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HomeMy WebLinkAbout6.2 Citywide Assmt DistrictsSTAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # 3G 0 2 DATE: June 21, 2011 TO: Honorable Mayor and City Councilmembers FR I. Joni Pattillo, City Manager SUBJECT: Public Hearings: Citywide Street Lighting Maintenance Assessment District No. 1983-1; Landscaping and Lighting Maintenance Assessment District No. 1983-2 (Tract 4719); Landscaping and Lighting Maintenance Assessment District No. 1986-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District No. 1997-1 (Santa Rita Area); Street Lighting Maintenance Assessment District No. 1999-1 (Dublin Ranch and Tract 7067) Prepared By: Erin Steffen, Administrative Analyst 6520 EXECUTIVE SUMMARY: The City Council will consider approving the Engineer's Reports and the levy of special assessments in each of the five maintenance districts for the 2011-2012 Fiscal Year. A public hearing is required. Maintenance Assessment Districts allow for the collection of special assessments on the property tax bill. These assessments can on only be used to pay for the identified activities benefiting the properties assessed. The amount of the assessment will vary based on several factors including: the cost projected to maintain the improvements, approved annual adjustment factors; existing balances collected in prior years; and the number and type of properties. 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. The Preliminary Fiscal Year 2011-2012 Budget identifies estimated revenue and proposed expenditures, which were based on estimates prior to the finalization of the Engineers Report, and the Budget is substantially in conformance with the estimates in this report. RECOMMENDATION: Staff recommends that the City Council conduct Public Hearings for each of the five Assessment Districts; deliberate; take the following actions: a) Adopt resolutions approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for: • Citywide Street Lighting Maintenance Assessment District No. 1983-1; • Landscaping and Lighting Maintenance Assessment District No. 1983-2 (Tract 4719); • Landscaping and Lighting Maintenance Assessment District No. 1986-1 (Villages at Willow Creek); • Landscaping and Lighting Maintenance Assessment District No. 1997-1 (Santa Rita Area); and • Street Lighting Maintenance Assessment District No. 1999-1 (Dublin Ranch and Tract 7067) Page 1 of 7 ITEM NO. (f)'' Submitted By Reviewed By Public Works Director DESCRIPTION: L- Reviey Administrative Services Director Assistant City Manager At the City Council meeting on June 7, 2011 the City Council received the Preliminary Engineer's Reports for each of the five maintenance assessment districts. As background the Staff Report which included historical information related to each district has been included as Attachment 2. The following sections focus on the Fiscal Year 2011-2012 activities and the change in the assessment amount. Citywide Street Lighting Maintenance Assessment District No. 1983-1 This assessment district was established in 1983 to address City-wide street lighting expenses. The boundary of this assessment district encompasses the entire City, with the exception of Dublin Ranch and a small subdivision in the western hills (Tract 7067 — Mountain Rise Place / Clifden Ct / Galway Ct). The District funds the maintenance and energy costs for public street lights. Included in these costs is the retention of a reserve to fund pole painting and maintenance. The maximum assessment allowed under the authorizing documents is $19.34 per unit. This amount has been levied since Fiscal Year 2007-2008. There is no provision in the formation documents to increase the per unit levy. Citywide Street Lighting Maintenance Assessment District No. 1983-1 Current Fiscal Proposed Fiscal Annual Property Type Year 2010-2011 Year 2011-2012 Change ($) Equivalent Dwelling Unit (EDU) $ 19.34 $ 19.34 No Change Commercial Per Acre $106.37 per acre $106.37 per acre No Change The projected revenue from this District in Fiscal Year 2011-2012 is $275,536 and the estimated expenditures are $309,078. This means that reserves are being used to fund the on- going operation of the District. As noted in the Engineer's Report (Attachment 3), an operating reserve of approximately $98,269 is projected to remain at the end of Fiscal Year 2011-2012 and this amount is within the allowed reserve levels under State Law. Since the reserves are being used to fund on -going operations of the District it will be important to develop a plan in the coming years to insure the District can be sustained to meet its annual costs. Changing the assessment rate would require a vote of the assessed properties. Staff will be monitoring both revenue and expenditure control options to develop a tong term plan for this District. Staff is proposing that the City Council hold the public hearing, deliberate, and adopt the resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Citywide Street Lighting Maintenance Assessment District No. 1983-1 (Attachment 4 ). Page 2 of 7 Landscapinq Maintenance Assessment District No. 1983-2 (Tract 4719) This District was created in 1983 and it addresses landscaping in the development adjacent to Stagecoach Road which includes 150-unit single-family homes (Dublin- Hills Estates) and 550 apartment / condominiums (Amador Lakes). The landscaping maintained includes areas along Stagecoach Road and the interior slope landscaping adjacent to the single family homes. The costs and assessments are allocated 61.6% to the single-family fiomes of Dublin Hills Estates and 38.4% to the apartment / condominium project. In addition to on-going maintenance and utility costs, the Preliminary Budget for Fiscal Year 2011-2012 includes $3,983 for improvements. The proposed work includes replanting median strips and park strips along Stagecoach Road, replacing groundcover on a slope along Stagecoach Road, and replacing a deteriorating wooden retaining wall with a stone mason wall. The assessment methodology approved in Fiscal Year 2003-2004 by property owners in the District includes an escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and the utility cost increases. The current proposed Engineer's Report (Attachment 5) includes the approved assessment rates and a cost of living increase of 3.476%, which is the April 2011 Consumer Price Index. The following shows the current and proposed annual assessment: Landsr_anina Maintenance Assessment District No. 1983-2 (Tract 47191 Property Type Current Fiscal Year 2010-2011 Proposed Fiscal Year 2011-2012 Annual Chan e$ Dublin Hills Estates - Sin le Famil Homes $290.52 $300.62 $10.10 Amador Lakes - A t/ Condominiums $ 49.12 $ 50.82 $ 1.70 The estimated June 30, 2012, reserve for this District is projected to be $33,813. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. A newsletter was mailed to property owners the week of June 6, and a neighborhood meeting was held on June 15. Staff is proposing that the City Council hold the public hearing, deliberate, and adopt the resolution Approving Engineer's Report, Confirming. Diagram and Assessment, and Ordering Levy of Assessment for Landscaping and Lighting Maintenance Assessment District No. 1983-2 (Attachment 6). Landscapinq and Liqhtinq. Maintenance Assessment District No. 1986-1 (Villaqes at Willow Creek) This District was created in 1986 and it addresses landscape maintenance adjacent to residential development on the west side of Dougherty Road from Amador Valley Boulevard to the northern City limit. . The work performed by this District includes work within public areas such as: litter pickup, maintenance of soundwalls, and landscaping maintenance. 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 Page 3 of 7 Alamo Creek channel area is not included in the assessmer~t district as it is the responsibility of Alameda County Flood Control, Zone 7. ° Iri Fiscal Year 2011-2012, the budget includes the replacement of missing or dead plants along Dougherty Road and Shady Creek Road as well as in the medians along Willow Creek Drive and Fall Creek Road, the replacement of bark along Wildwood Road, the installation of concrete surrounding select Wildwood Road street light poles, and the cleaning and repainting of concrete pillars and signs along Willow Creek Drive. In Fiscal Year 2001-20D2 the property owners approved a formula under which future assessments can be adjusted. The formula examines (1) actual increases in utifity costs, and (2) inflationary increases in the cost of maintenance, as determined by changes in the Consumer Price Index. The Consumer Price Index (April 2011, Bay Area Urban Wage Earners) indicates that the maximum rate of increase is 3.476%.~ ~ The proposed Engineer's Report (Attachment 7) includes the approved assessment rates and a cost of living increase of 3.476%, which is the April 2011 Consumer Price Index. The following table shows the current and proposed annual assessment: ~ Landscaping and Lighting Maintenance Assessment District No. 1986-1 (Villages at Willow Creek) Property Type Current Fiscal Year 2010-2011 Proposed Fiscal Year 2011-2012 Annual Chan e$ Sin {e Famil Homes $155.86 $161.28 $ 5.42 Amador Lakes - A t/ Condominiums $ 77.92 $ 80.64 $ 2.72 Commercial $623.44 $645.12 $ 21.68 The estimated June 30, 2012, reserve for this District is projected fo be $62,026. The actual reserve will not be known until the City closes its books and accrues.the necessary revenues and expenses. A newsletter was mailed to property owners the week of June 6, and a neighborhood meeting was held on June 15. Staff is proposing that the City Council hold the public hearing, deliberate, and adopt the resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Landscaping and Lighting Maintenance Assessment District No. 1986-1 (Attachment 8). Landscapinq and Liqhtinq Maintenance Assessment District No. 1997-1 (Santa Rita Area1 This assessment district was formed in 1996 at the request of the Alameda County Surplus Property Authority, to maintain certain landscaped areas within-the public right-of wajr. The area covered by this District is bounded by Gleason Drive on .the North and Interstate 580 on the South, Arnold Road on the West and Tassajara Road on the east. The scope of work includes maintenance of roadside {andscaping for Dublin Boulevard, Hacienda Drive, Central Parkway, a portion of Arnold Road, Tassajara Road (westerly portion), and a portion of Gleason Drive, plus the maintenance of the trail and , landscaping along the Tassajara Creek channel. The median landscape maintenance is not included in this District. Page 4 of 7 For Fiscal Year 2011-2012, shrub replacement will continue on Glynnis Rose Drive and on Central Parkway. between Arnold Road and Glynnis Rose Drive, plant replacement will take place along the soundwall bedding on Dublin Boulevard, and b,ark replacement will take place along Gleason Drive, Killian Drive, and Central Parkway. The total developed acreage in this District is 421.87 acres. As provided in the Engineer's Report (Attachment 9), individual lots in residential subdivisions are assessed based on density: The original Engineer's Report for this District provided for an initial maximum assessment of $710.00 per acre, which could be increased annually based on the change in 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 per acre in the Engineer's Report for Fiscal Year 2011-2012 adjusted by the approved adjustment formula is $1,063.85 per acre. Although the Assessment District formula establishes a maximum cost that can be levied, based on planned expenditures in the District the per-acre assessment required to fund Fiscal Year 2011-2012 activities• equates to $688.98 per acre. This assessment is an increase of $32.80 per acre or 5% more than the prior year's assessment. The density of the various housing units results in different assessments as shown below: Landscapinq and Liqhtinq Maintenance Assessment District No. 1997-1 (Santa Rita Area) Property Type Current Fiscal Year 2010-2011 Proposed Fiscal Year 2011-2012 Annual Chan e$ California.Creekside sin le-famil $ 93.30 $ 97.96 $ 4.66 California Brookside multi-famil $ 40.42 $:42.44 $ 2.02 SummerGlen - Richmond American north Sin le Famil $ 81.70 ~ $ 85.78 - $ 4.08 SummerGlen - Richmond American south $ 89.90 $ 94.40 $ 4.50 SummerGlen - Kaufman & Broad $125.10 $131.36 $ 6.26 SummerGlen - Pulte $156.98 $164.83 $ 7.85 Dublin Greene Tract 7084 sin le-famil $ 98.82 $103.76 $ 4.94 Dublin Greene Tract 7149 multi-famil $ 74.40 $ 78.12 $ 3.72 Dublin Greene Tract 7149 condominium/a artment $ 38.78 $ 40.72 $ 1.94 Commercial (including retail, office, and industrial uses, as well as a artment ro erties $ 656.18 _ Per Acre $ 688.98 Per Acre $ 32.80 Per Acre The estimated June 30, 2012, reserve for this District is projected to be $165,273. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. A newsletter was mailed to property owners the week of June 6, and a neighborhood meeting was held on June 15. Staff is proposing that the City Council hold the public hearing, deliberate, and adopt the resolution Approving .Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Landscaping and Lighting Maintenance Assessment District No. 1997-1 (Attachment 10). Page 5 of 7 Street Liqhtinq NBaintenance Assessment District No. 1999-1 (Dublin Ranch and Tract 7067 This Assessment District was formed in 1999 to address street lighting costs. The areas covered by this District were developed with special ornamental fixtures that have a different cost to maintain, including the need to establish a reserve to repaint the fixtures on a 10 year cycle. The area covered by the District is the development referred to as Dublin Ranch and a small subdivision in the western hills (Tract 7067 - Mountain Rise Place / Clifden Ct / Galway Ct). In addition to the annual maintenance costs a Capital Project to complete pole painting on a portion of the inventory is included as a capital improvement project in Fiscal Year 2011-2012. The cost of this project is $39,595 and will be funded from assessment, district reserves. The original Engineer's Report for this District provided for an initial maximum assessment of $34.22 per dwelling unit equivalent, which could be increased annua{ly based on the Consumer Price Index (CPI),, and by increases in the cost of utilities. The April 2011 CPI rate of increase for San Francisco Bay Area Urban Wage Earners was 3.476%; therefore, the maximum assessment has been adjusted by 3.476% from $45.37 to $46.95. Commercial properties are assessed on a per acre basis at 5.5 times the dwelling unit equivalent. The Engineer's Report (Attachment 11) notes `that although the Assessment District formula establishes a maximum cost that can be fevied, based on planned expenditures the assessment required to fund Fiscal Year 2011-2012 expenditures remains unchanged. Street Lighting Maintenance Assessment District No. 1999-1 (Dublin Ranch and Tract 70671 Property Type Current Fiscal Year 2010-2011 Proposed Fiscal Year 2011-2012 Annual Chan e$ E uivalent Dwellin Unit EDU $ 38.90 $ 38.90 No Chan e Commercial Per Acre $213.95 er acre $213.95 er acre No Chan e The estimated June 30, 2012, reserve for this District is projected to be $321,879, 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 hofd the public hearing, deliberate, and adopt the resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Street Lighting Maintenance Assessment District No. 1999-1 (Attachment 12). , IVOTICING REQUIREMENTS/PUBLIC OUTREACH:. As described in the report for the Landscape Maintenance Assessri~erit Districts, a Newsletter was mailed to property owners and Staff was available for an evening meeting to answer any questions. ~ ATTACHMENTS: 1. 2011-2012 Sources and Use of Assessment District Funds 2. June 7, 2011 Staff Report~(Exclud,ing Attachments) 3. Engineer's Report for AD 83-1 Page 6 of 7 4: Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 83-1, 5. Engineer's Report for AD 83-2 6. Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 83-2 7. Engineer's Report for AD 86-1 8. Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 86-1 9. Engineer's Report for AD 97-1 10. Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 97-1 11. Engineer's Report for AD 99-1 12. Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 99-1 Page 7 of 7 ~ C~~ ~ _ ATTACHMENT 1 2011-2012 Sources and Use of Assessment District Funds As Presented In The Engineering Reports June 21, 2011 Citywide LL-MAD LLMAD LLMAD SLMAD SLMAD No.1983-2 No.1986-1 No.1997-1 No.1999-1 No. 1983-1 (Tract 4719) (Villages at (Santa Rita (Dublin ~ Willow Creek) Area) Ranch ancJ Tract 7067) Estimated Beginning $131 811 $ 34 258 $ 77,815 $191,850 $ 85,355z Balance July 1, 2011 , , Pole Painting Reserve _ $206,704 ~R~ENUE~~y .;vr~, ;:3. ~;~ ~./ ~~ ~F ~ ,~ ~~;, , ~~. •/,` ~ .~5.~r< ,~vJ:.:r. Total Amount Proposed to $267 987 $ 73,196 $105,073 $286,642 $205,010 be Assessed: , Less Estimated Delinquency ~2,680) - (525) (5,733) (2,050) Cost: Estimated Prior Year ~ 660 5 - 1,220 470 2 5,450 Collections and Penalties : , , Estimated Interest 069 2 318 1,064 2,377 4,909 Revenue : , Estimated Reimbursement 2 500 - - - - for Public Damaqe: , Contract Maintenance and $2g6,750 $ 68,990 $116,700 $301,610 $134,280 Utilities: Administration (transfer) and ~ ~~3 3,725 4,135 5,$50 6,139 Engineering: Estimated Collection Cost: 4,555 1,244 1,786 4,873 3,485 Contribution To Pole Paintina Reserve 52,265 Projected (Use) / Contribution To District ( $33,542) ( $ 455) ( $15,789) ( $26,577) $ 17,150 Reserves2 Pro}ected Ending Balance ~ gg 269 $ 33,813 $ 62,026 $165,273 $102,5052 June 30, 2012 Pole Painting Project (Cost Removed from Pole Painting ~ ($ 39,595) Reserve): Pole Painting Reserve $219,374 1: Listed under Fund Balance Information in Engineer's Report 2: Excluding Pole Painting Reserve - (~. a --- (~ - a I _-~ I------ ATTACHMENT I ~ .l OF Dp~ ~ ~ ~, ! l G~~ ~ ~fti : 19'~-'~~~~ STAFFRE~PORT CITY CLERK ``~~.~ji ~ -- o - . ` ~ 1 DUBLIN.CITY COUNCIL File # ^^~~^ ~ ~;.~ _,.. C'~LIFOtZI~~. DATE: June 7, 2011 ~ TO: , Honorable Mayor and City Counciimembers . FROM: Joni Pattillo, City Manager SUBJEC . Preliminary Engineer's Reports: Citywide Street ~ Lighting Maintenance Assessment District . No. 1983-1; Landscaping and Lighting Maintenance Assessment District No. 1983-2 (Tract 4719); Landscaping and ~Lighting Maintenance Assessment District No. 1986-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District No. 1997-1 (Santa Rita Acea); Street Lighting Maintenance. Assessment District No. 1999-1 .(Dublin Ranch and Tract 7067) ~ . , Prepared By: ~ Erin Steffen, Administrative Analyst ~ EXECUTIVE SUMMARY: This action requests_appr.oval of the Preliminary Engineer's~Report for the 2011-12 assessment and sets a public hearing date of June 21, 2011. Citywide Street Lighting Maintenance District No. ,1983-1 pays the cost of energy and maintenance for the -City's street light system, except for the lights included in Street Lighting Maintenance Assessrnent District No. 1999-1 (Dublin Ranch and Tract~7067). Landscaping and Lighting Maintenance Assessment District No. 1983- 2(Tract 4719) pays the cost of utilities and maintenance for landscaping improvements along Stagecoach Road and on fhe interior slopes of the Dubiin Hills Estates development. Landscaping and Lighting Maintenance Assessment District _No. 1986-1 (Villages at Willow Creek) pays the cost of utilities and maintenance for certain landscaping improvements associated with the Villages at the Willow Creek development. Landscaping and Lighting Maintenance Assessment District No. 1997-1 (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, revenue and expenditures of each District is provided on Attachment 1 to the Staff Report. Revenue and Expenditures for each Assessment District are tracked separately, There are minor differences anticipated between the Engineer's Report and the proposed budget. This will be monitored in the upcoming year and a budget adjustment may be recommended after the ciosing of the currenf year. c~innnneRV pRF~ tnntNnRY ASSFSSMENT DISTRICT 2011/2012 REVENUE & EXPENDITURES .._ ....... .. . . . . .-- ------ -- -- - - - - -- Citywide - Stagecoach Rd Dougherty Rd Santa Rita East Dublin St Li ht 83-1 Laridsca e 83-2 Landsca e 86-1 Landsca e 97-1 St Li ht 99-1 F'RUJEGTEb REUEt~UE~~ ~ ~ ~' ~ ;. ~ ~ ~ ~ ""2'~5 5~6 ~°~~~~3 ~' ~ ~~ ~$ 7~3 5F14~ ~ , .~~`°~~ ~ $ 6,8~2 ~" ~ ,~ ~ ~~~~~ $ 285. 7~6 „; ~° ~ ~ `$x2~13,31~.9 ~ 2Q~~ ~f R °'t~2 ~ ~ ~ FIS~AL Y~P ~ ' , ~ ~' ~~' ?cz~d',$r , au31a: ; ~ ~ ~ s. ~"~~ ~ ~.a~e : d~ ~ + ;, . r a ,~ ; " ,..m.., u..~::: _,.w , ,.,. , . .., , . . . , EESTIMA=TEC~?#~"E~ti?IT~IRES.~ , _. ~$~309~0 8~ `~ fi~$~g73 ~59 ~ ~;$~1~2~~6^c~1~~ ~' ~~ $ 3 2~33~3g ~~'`~ ~ ' ~$~96,1~~ "~YEAft~2019J~,~;y `~ ~FtSCA~ "~' ~ ~~ ~ ~a~ _~~~t, _ :~~~~3 ~~ .~. ~ ~ ~~~ ~~,~~,~€~;..~~,~rx; , . Y..~.. .. Use of Reserves $ 33,542 $ 445 $ 15,789 ~ $ 26,577 • $ i7,150 Page ~ of ~ , : ATTACHMENT ~ :~ , - ~ lla ~ RECO{VIMENDATION. Adopt resolutions approving the Preliminary Engineer's Reports and setting a public hearing date and time (June 21, 2011, 5:30 p.m. in the City Councii Chambers, located at 100 Civic Plaza, Dublin) for the purpose of hearing any comments to the proposed Fiscai Year 2411-2012 asse.ssments for: Citywide Street Lighting Maintenance Assessment District No. 1983-1; Landscaping and Lighting Maintenance Assessment District No. 1983-2 (Tract 4719); Landscaping and Lighting Maintenance. Assessment . District No. 1986-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District No. 1997-1 (Santa Rita Area); and Street Lighting Maintenance Assessment District No. 1999-1 (Dublin Ranch and Tract 7067 V ~ ~ . Submitted By~ Reviewed By Review Public Works Manager Administrative Services Director Assistant City Manager DESCRtPTiON: The proposed resolutions approve the Preliminary Engineer's Reports for the two street lighting maintenance assessment districts and the three landscaping and lighting maintenance assessment~districts described below for Fiscal Year 2011-2012 and set a public hearing date for each assessment district on June 2.1, 2011 in the City Council Chambers, located at 100 Civic Plaza, Dublin. Citvwide Street Liahtinq Maintenance Assessment District No. 1983-1 This assessment district was established in 1983 to replace a County Service Area (CSA) that was originally in place to fund this maintenance. The boundary of this assessment district encompasses the entire City, with the exception of Dublin Ranch and Tract 7067 (Clifiden Parc development in the western hills). The District funds the maintenance and energy costs for public street lights. Included in these costs is the retention of a reserve to fund pole painting and maintenance. The assessments have been adjusted over the years based on costs, inciuding a decrease that was possible due to the City assuming ownershi{~ of the street lights. The maximum assessment allowed under the authorizing documents is $19.34 per unit. This amount has been levied sinee Fiscal Year 2007-2008. There is no provision in the formation documents to increase the per unit levy: There is no change in the proposed assessment amount from the p~evious Fiscal Year. . ` Citv Street Liqhtinq Asses.sments (District 1983-1) ~ Property Type . Current Fiscal Year 2010-2011 Proposed Fiscal Year 2011-2012 _ Annual Chan e$ E uivalent Dwellin Unit EDU $ 19.34 $ 19.34 No Chan e Commercial Per Acre $106.37 er acre $106.37 er acre No Chan e As noted in the Engineer's Report (Attachment 2), an operating reserve of approximately $98,268 is projected to remain at the end of Fiscal Year 2011-2012. This reserve is Page 2 of 7 l i 5 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 resolutions approving the Preiiminary Engineer's Report for the Citywide Street Lighting Maintenance Assessment District No. 1983-1 (Attachment 3) and appointing the time and date for fiearing comments on the proposed assessment (Attachment 4). ~ , Landscapinq and Liqhtinq Maintenance Assessment District No. 1983-2 (Tract 4719)- This District was formed as part of the approval process of Tract 4719 and covers the 150-unit single-family Dublin Hills Estates development and the Amador Lakes development. The District is responsible for the maintenance of the Stagecoach Road landscaping .and the interior siope landscaping within Tract 4719. The spread of assessments assigns 61.6% of the total assessment to t}ie single-#amily homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. ~ In addition to on-going maintenarice and utility costs, the Preliminary Budget for Fiscal Year 2010-2011 includes $3,983 for improvements. The proposed work includes replanting median strips and park strips along Stagecoach Road, replacing groundcover on a slope along . Stagecoach Road, and replacing a deteriorating wooden retaining wall with a stone mason wall. ~ The assessment methodology approved in Fiscal Year 2003-2004 by property owners in the District includes an escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and the utility cost inc~eases. The current proposed Engineer's Report (Attachment 5) includes the approved assessment rates and a cost of living increase of 3.476%, which is the April 2011 Consumer Price Index. The following table shows the current and` proposed annual assessment: ~ , Staaecoach'Road Assessments {District 1983-2) ~ ~ Property Type Current Fiscal Year 2010-2011 Proposed Fiscal Year 2011-2012 Annual Chan e$ Dublin Hills Estates - Sin le Famil Homes $290.52 $ 300.62 $10.10 Amador lakes - A t/ Condominiums $ 49.12 $ 50.82 $ 1.70 The estimated June 30, 2012, reserve for this District is projected to be $33,813. The actual reserve will not be known untii 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 resolutions approving the Preliminary Engineer's Report for the Landscaping and Lighting Maintenance Assessment District No. 1983-2 (Attachment 6) and appointing the time and date for hearing comments on the proposed assessment (Attachment 7). Page 3 of 7 5 i~ ~ Landscaqina and LiQhtinq Maintenance Assessm_ ent District No. 1986-1 (Viilaqes at Willow. Creek The District was formed with the initial assessment in the 1987-1988 tax year. The District encompasses the Viilages at Willow Creek development. off Dougherty Road and north of Amador Valley Boulevard. The surrounding homes are apartment complexes, condominiums and the 145-unit single famiiy development (Ridgecreek). The work performed by this Disfrict includes litter pickup, maintenance of soundwalls, and landscaping along Dougherty Road between Amador Valley Boulevard and Fall Creek-~Road; along Amador Valley Boulevard between 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 dev.elopments 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 Alamecia County Flood Control, Zone 7. In Fiscal Year 2011-2012; the budget inciudes the replacement of missing or dead plants along Dougherty Road and Shady Creek Road as well as in the medians.along Wiilow Creek Drive and Fall Creek Road, the replacement ofi bark along Wildwood Road, the installation of concrete surrounding select Wildwood Road street light poles, and the cleaning and repainting of concrete pillars and signs along Wiilow Creek Dri~e. In Fiscal Year` 2001-2002 the property owners approved a formula. under which future assessments can be adjusted. The-formuia examines.(1) actual increases in utility cost, and (2) inflationary increases in the cost of maintenance, as determined by changes in the Consumer Price Index. The Consumer Price Index (April 2011, Bay Area Urban Wage Earners) indicates that the maximum rate of increase is 3.476%. The proposed Engineer's Report (Attachment 8) includes the. approved assessment rates and a cost of living increase of 3.476%, which is the April 2011 Consumer Price Index. The following table shows the current and proposed annual assessment: vill~npc ot willnw Crppk AssPSSments (District 1986-11 Property Type Current Fiscal Year 2009-2010 Proposed Fiscal Year 2010-2011 Annual Chan e$ Sin le Famii Homes $155.86 $ 161 _28 $ 5.42 Amador Lakes - A t/ Condominiums $ 77.92 $ 80.64 $ 2.72 Commercial $623.44 $645.12 $21.68 The estimated June 30, 2012, reserve for this District is. projected to be $62,026. The actual reserve wiil not be known until the City cioses 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 fo~ this District. - Staff is proposing that the City Council adopt the resolutions app~oving the Preliminary Enginesr's Repo~t for Landscaping and Lighting Maintenance Assessment District No. 1986-1 (Attachment 9) and appointing the time and -date for hearing comments of the proposed assessment (Attachment 10). ~ . ~ Page 4 of 7 ~ i ~~ ~ Landscaqing and LiqhtinQ Maintenance Assessment District No. 1997-1 (Santa Rita Area) This assessment district was formed in 1996 at the request of the Alameda County Surpius Property Authority. The initial assessment was levied in Fiscal Year 1997-1998. The area covered by this District is bound by Gleason Drive on the North and Iriterstate 580 on the South, Arnold Road on the West and Tassajara Road on the east. . The scope of work includes maintenance of roadside landscaping for Dublin Boulevard,. Hacienda Drive, Central Parkway, a portion of. Arnold Road, Tassajara Road (westerly portion), and a portion of Gleason Drive, plus the mainte.nance of the trail and landscaping along the Tassajara Creek channel. The median landscape maintenance is not included in this District. For Fiscal Year 2011-2012, shrub replacement will continue on Glynnis Rose Drive and on Central Parkway between Arnold Road and Giynnis Rose Drive, plant replacement wiil take place along the soundwall bedding. on Dublin Boulevard, and bark replacement will tal~e place along Gleason Drive, Killian Drive, and Ce.ntral Parkway. The total developed. acreage in this District is 421.87 acres. As provided in the Engineer's Report (Attachment 11), individual lots in residential subdivisions are assessed based on density: The original Engineer's Report for this District provided for an initial maximum assessment of $710.00 per acre, which could be increased annually based on the change in 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 bas.is. The maximum per acre in the Engineer's Report for Fiscal Year 2011-2012 adjusted by the approved adjustment formula is $1,063.85 per acre. . ` Although the Assessment District formula establishes a maximum cost that can be levied, based on planned expenditures in the District the per-acre assessment required to fund Fiscal Year 2011-2012 activities equates to $688.98 per acre. This assessment is an increase of $32.80 per acre or 5°/a more than the prior year's assessment. The density of the various housing units differ the allocation on a per a~cre basis and resuit in different assessments as shown below: . - c~.,+~ Gt~t~ ero~ eccaccmpntc ll~ictrict 1997-11 ~ Pro e Type Current Fiscal Year 2010-2011 Proposed Fiscal Year 2011-2012 Annuai Chan e~ $ California Creekside sin le-famil $ 93.30 $ 97.96 $ 4.66 California Brookside multi-famil $ 40.42 $ 42.44 $ 2.02 SummerGlen - Richmorid American north Sin le Famil $ 81.70 $ 85.78 $ 4.08 SummerGlen = Richmond American south $ 89.90 $ 94.40 ~ $ 4.50 SummerGlen - Kaufman & Broad $125.10 $.131.36 $ 6.26 SummerGlen - Pulte $156.98 $164.83 $ 7.85 Dublin Greene Tract 7084 sin le-famil $ 98.82 $103.76 $ 4.94 Dublin Greene Tract 7149 multi-famil ' $ 74.40 $ 78.12 $ 3.72 Dublin Greene Tract 7149 condominium/a artment ' $ 38.78 $ 40.72 $ 1.94 Commercial (including retail, office, and industrial uses, as well as . a artment ro erties ~ 656.18 Per Acre ~ ~ $ 688.98 Per Acte $ 32.80 Per Acre Page 5 of 7 ~ ~ ~1s The estimated June 30, 2012, reserve for this District is~projected to be $165,2.73. The actual reserve will not. be known untii 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 tfie increase in maximum assessment for each individual residential tract. Staff is proposing that the City Council adopt the cesolutions approving the Preliminary Engineer's Report for Landscaping and Lighting Maintenance Assessment District No. 1997-1 (Attachment 12) and appointing the time and date for hearing comments of the proposed assessment (Attachment 13). . ` Street Liqhtina Maintenance Assessment District No 1999-1~ (Dublin Ranch and Tract 7067) " Assessment District 99-1 was formed in 1999 at the requesf of the developers in Dublin Ranch. 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 to the District, and the first assessment in those areas began in Fiscal Year 2006-2007. The District also covers Tract 7067 (Clifden Parc) off Mountain Rise Place. Costs funded from the assessments include utility costs, maintenance, and repair costs associated with the decorative street lighting that has been installed.in these areas. This includes the establishment of a reserve to complete pole painting on a 10 year cycle. The lighting fixtures are different than in the remainder of the City. In addition to the annual maintenance costs a Capital Project to conduct pole painting on a po~tion of the inventory is included as a capital improvement project in Fiscal Year 2011-2012. The cost of this project is $39,595 and will be funded from assessment district reserves. The original Engineer's Repo~t for this District p~ovided for an initial maximum assessment of $34.22 per dwelling unit equivalent, which could be increased annually based on the Consumer Price Index (CPI), and by increases in the cost of utilities. The April 2011 CP1 rate of increase for San Francisco Bay Area Urban Wage Earners was 3.476%; therefore, the maximum assessment has been adjusted by 3.476% from $45.37 to $46.95. Commercial properties are assessed on a per acre basis at 5.5 times the dwelling unit equivalent. The Engineer's Report (Attachment 14) notes that although the Assessment District formula establishes a maximum cost that can be levied, based on planned expenditures the assessment required to fund Fiscal Year 2011-2012 expenditures remains unchanged. Eastern Dublin & Mountain Rise Place Street Li htin Assessments District 1999-1 Property Type . Current Fiscal Year 2009-2010 Proposed Fiscal Year 2010-2011 Annual Chan e~ $ E uivalent Dwellin Unit EDU $ 38.90 $ 38.90 ' No Chan e Commercial Per Acre - $213.95 er acre $213.95 er acre No Chan e The estimated Jane 30, 2012, reserve for this District is projected to be $321,879, 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. Page 6 of 7 .i~~ Staff is proposing that the City Council adopt the resolutions approving the Preliminary Engineer's Report for Street Lighting Maintenance Assessment District No. 1999-1 (Attachment 15) and appointing. the time and date for hearing comments of the proposed assessment (Attachment 16).. NOTICIIVG ~REQUIREMENTS/PUBLIC OUTREACH: Following the City Counci{'s approval of the Preliminary Engineer's Reports, a public hearing for each street lighting mainteriance assessment district and landscaping and lighting maintenance assessment district will be scheduled as required. ATTACHMENTS: 1. 2011-2012 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 21; 2011, 5:30 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 21, 2011, 5:30 p.m.) for AD. 83-2 ~ 8. Preliminary Engineer's Repo~t 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 21, 2011, 5:30 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 21, 2011, 5_30 p.m.) for AD 97-1 14. Preliminary Engineer's Report for AD 99-1 ~ ~ 15. Resolution Approving Preliminary Engineer's Repo~t for AD 99-1 16. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 21, 2011, 5:30 p.m.) for AD ~ . 99-1 Page 7 of 7 i9~~~=~~ ~~,~8'2 ~1~ \l~11i~\! 11-~ ` , ~~ 1.~~ . ~o i ~i 5 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 County, State of Califomia This Report describes the District and services therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2011/2012 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 21 S+' day of ~~~tR. , 2011. Wilidan Financial Services Assessment Engineer On Behalf of the City of Dublin ~. By: Gary Huisingh Public Works Director City of Dublin f l ~ ~S ~ABLE-OF CONTENTS; .......................................................................................................................1 ' I. OVERVIEW A. INTRODUCTION .....:................................................................................................................ ..1 B. APPLICABLE LEGISLATION ................................................................................................... .. 2 II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS .................................... ..5 A. DISTRICT ............................................................................................................................... .. 5 B. I MPROVEM ENTS ..................................................................................................................... .. 5 III. METHOD OF APPORTIONMENT ................................................................................ ..G A. BACKGROUND ....................................................................................................................... ..6 B. BENEFIT ANALYSIS ............................................................................................................... .. 6 C. ASSESSMENT METHODOLOGY .............................................................................................. ..7 D. LAND USE CLASSIFICATIONS ...................:..............................:............................................. .. 8 IV. DISTRICT BUDGET ......................................................................................................... 11 ' A. DESCRIPTION OF BUDGET ITEMS ...........................:....................:......................................... .11 B. DISTRICT BUDGET ................................................................................................................. .15 APPENDIX A- DISTRICT BOUNDARY MAP .................................................:.................. 1G APPENDIX B- 2011/2012 ASSESSMENT ROLL ..........................................:................. 17 la ~~5 ~ ia ov~~vo~w A. Introduction City of Dublin Stseet Lighting Nlaintenance Assessment Distsict 1983-1 Engineex's r~nnual Levy Report Fiscal Yeax 2011/2012 The City of Dublin ("City") annually levies and coJlects special assessments in order to maintain the improvemerits within the Street Lighting Maintenance Assessment District No. 1983-1 ("District"). The District was originally formed in 1983 and is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways 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 2011/2012. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel's special benefits. For the purposes of this Report, the word "parcel" refers to an individual property assigned its own Assessment Number by the County of Alameda Assessor's Office. The County of Alameda Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll. Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Engineer's Annual Levy Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will by resolution: order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, beginning with Section 22640 of the 1972 Act. The assessment rate and method of apportionment described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2011/2012. IYlillda~a Financial Seruices - Page 1 ~3~ i~~. , Ciry of Dublin Street Lighting ~Iaintenance Assessment District 1983-1 Engineex's r~nnual Levy Report „ ~ Fiscal Yeax 2011 /20,12 . r The assessments as approved will be submitted to the County Auditor/Controller to be included on the 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 1972 Act, beginning with Section 22500. The assessments and methods of apportionment described in . this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received. Compliance with the California Constitution All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and shall be in compliance with the provisions of the California Constitution Article XIIID ("Article XIIID"). On November 5, 1996, California voters approved the Right to Vote on Taxes Act (Proposition 218) by a margin of 56.5% to 43.5%. The provisions of Proposition 218 became amendments to the California Constitutional Articles XIIIC and XIIID, can be summarized in four general areas: 1) Strengthens the general and special tax provisions of Proposition 13 and Proposition 62. 2) Extends the initiative process to all local taxes, assessments, fees, and charges. 3) Adds substantive and procedural requirements to assessments. 4) Adds substantive and procedural requirements to property-related fees and charges. r ~ Pursuant to Article XIIID Section 4, all property related assessments must comply with certain substantive and procedural requirements unless they meet certain exemptions listed in Article XIIID Section V. 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 TY/illdan Financial Seruice.r . - Page 3~ Ciry of Street Lighting ll~faintenance Assessment District 1983-1 Engineer's ~~nnual Levy Report Fiscal Yeas 2011 /2012 operation expenses for public streets (and all improvements within the street right of way including street lighting). 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, ~ The proposed assessments for the current fiscal year may be less than or equal to the maximum assessment rates previously approved and adopted for the District. 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 2011/2012 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 commoniy 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 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: - ~ I (~ Dubli Willrlan Financial Seruicer Page 3 ~~ ~ ~s . Ciry of Dub Street Lighting l~Iaintenance Assessment District 1983-1 Engineer's .~nnual Levy Report Fiscal Year 2011 /2012 a. Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b. Lights, playground equipment, play courts and public restrooms. 6) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to: a. Repair, removal, or replacement of all or any part of any improvements; ' b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, ~walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. ~ g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvemenfs. 7) The acquisition of land for park, recreational or open-space purposes, or the acquisition of any existing improvement otherwise authorized by the Act. ~ 8) Incidental expenses associated with the improvements including; buf not limited to: a. The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessmenf; b. The costs of printing, advertising, and the publishing, posting and mailing of notices; c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f. Costs associated with any elections held for the approval of a new or increased assessment. Will~lan Finaraczal Seruice.r Page 4 Ciry of Street Lighting Maintenance AssessmentDistrict 1983-1 Engineex's ~nnual Levy Repoxt Fiscal Year ~011 /2012 IB. DESCRIPTION O~ ~HE D9STFZICT AIVD It~PRC~VEMEN~S A. District The District was created to fund maintenance and servicing costs for the City's street lighting system, except for all public street lighting facilities located in Dublin Ranch and Tract 7067, which is funded through the Dublin Ranch Street Lighting Maintenance Assessment District No. 1999-1. 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. In 1983, the City Council formed the District to replace.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 efectric 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 Jmprovement Fund (CIF). The Fund was established for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual.assessment. The poles ~~ ~~S Dubli I Plilldan Financial Service.r Page ~ ~~ ~ i ~~ Ciry of Dubl~ Street Lighting l~Iaintenance ~ssessment District 1983-1 Engineex's Annual Levy Repoxt Fiscal Ye~ 2011/2012 ~ are expected to need repainting on a ten-year cycle, with the first phase of the pole painting commencing in the nezt few year.s. The funds are not considered part of the regular maintenance of fhe improvements or the Reserve Fund. IIL I~ETFI~JD OF APPOF2TI06VMEiVT 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 o# 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 1972 Act. All the assessed parcels receive direct and special benefits from the improvements and activities to be funded through the District assessments. The improvements include all necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactory condition. , Special Benefit The method of apportionment (method of assessment)'estabiished 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 proximity to those properties. The special benefits of street lighting 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 protection. 2) Increased nighttime safety on roads, streets and public areas. IYlillclan Financiul SerUice.r Page 6 City of Dubhn Street Lighting 1tilaintenance .~ssessment District 1983-1 $ngineex's Annual Levy Report Fiscal Yeax 2011 f 2012 . 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 circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of #hese improvements will directly effect the properties within the District. Although the improvements include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it 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 Each parcel is assigned a factor rate known as an Equivalent Dwelling Unit (EDU) to identify the parcel's proportionate special benefit from the District improvements. Each parcel's EDU is calculated based on the parcel's land use. All single-family residential properties are assigned an EDU of 1.00, and all other property types are assigned an EDU proportionate to the special benefits they ~receive as compared to,this single-family residential property. The total EDUs is divided into the total amount to be assessed (Balance to Levy) to establish the Levy per EDU (Rate). This Rate is then multiplied by the parcel's individual EDU to establish the parcel's levy amount. l~ 1~5 iY/illda~s Financial Services Page % 1 ~ Il5 Citv of DuUhn Street Lighting Maintenance _~ssessment District 1983-1 Engineer's Annual Levy Report Fiscal Year 2011 /2012 : The following formulas are used to calculate each property's assessment: Total Balance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parce/ 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 (County of Alameda land use code), and size of the property, as compared to a single-family .home site. Parcels determined to be vacant will be assessed at a reduced rate of 50%, by multiplying the parcel's assigned EDU factor by 0.5 (or 50%). The EDU method of apportioning benefit is in substance the same method of apportionment previously approved by the District and 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) -(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 properties that the number of units can be identified. IY~illdc~n Financial Seruice.r ' Page S ~ i i~ City of Dublin Srseet Lighting l~Iaintenance Assessment District 1983-1 Engineer's ~nnual Levy Repoxt Fiscal Year 2011/2012 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 multifamily ~esidential 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, excepf 73) This land use identifies 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, cooperatives, restricted income properties, fraternities, 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 limited to, lots or parcels 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 claasification may include, but is not Willdan Financial Seruice.r Page 9 a~ ,~ Ciry of Dubhn I Street Lighting 1~lairitenance Assessment District 1983-1 Engineex's Annual Lew Report Fiscal Yeax 2011 /2013 limited to, lots or parcels identified as vacant land that is a necessary part of an institutional property, improved government-owned property, low income housing (secured P.I.'s only), golf courses, schools, churches, lodge-halls, clubhouses, and other institution 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, but is not limited to, lots or par.cels identified as rural residential 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 Wilfiamson 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 may 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. The following table shows the EDU factors for each property type in the District: Property Type EDU Factor' Basis Single-Family Residential (SFR) 1.00 Parcel Condominium Unit 1.00 Unit Duplex, Multi-Family Residential 2.00 Parcel Triplex, Multi-Family Residential 3.00 Parcel Fourplex, Multi-Family Residential 4.00 Parcel Apartments, Multi-Family Residential 6.00 . Parcel Commercial/Industrial/Institutional 5.50 Acre Rural _ 0.50 Parcel Exempt, Cemeteries, Common Open Space 0.00 Parcel ~~v r a~w~ ~nu~u/.~ncu uy v..~ u Na~~ci ~.~ va~a~n Willdan Financial Seruices Page 10 ~ l~ Ciry of Dublin Street Lighting Maintenance Assessment District 1983-1 Engineer's Annual LeW Report Fiscal Year 2011 /2012 IV. DISTF~ICT Bl1Dt~ET A. Description of Budget Items The foflowing 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 County of Alameda based on the cur.rent Fiscal Year contract. California Street Light Associafion - 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. 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: ' IY~ill~lan Fi~zancia! Service,r Pc~ge 11 ~~,~ ~~~ Ci of llubhn~ n' Street Lighting 1~Iaintenance Assessment District 1983-1 Engineex's ~nnual Levy Report ' Fiscal Year 2011/2012 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 tliis budget item represent transfers from the Reserve Fund that reduces .the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the Fiscal Year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) - The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separ-ate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. - Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District's regular accounts. The actual fund balances and expenditures .for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget. - General Fund Loans Repayment/(Advances) - This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection/(Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. ~ Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation T~illdan Financial Service.r ~ . ; Page 12 , a ~ ~~ Citv of Dub n Street Lighting ~laintenance Assessment District 1983-1 Engineex's Annual Levy.Report Fiscal Year 2011/2012 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 irriprovements (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 Fiscal Year 2011/2012. Other Revenue/General Fund (Contributions) - This item includes additional funds designated,for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non-District or District sources including City General Fund Contributions and/or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid. Balance to Levy - This is the total amount to be collected for the current Fiscal Year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. ~ Total~ Parcels 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. i~illdan Financial Seruice.r Pa~e 13 as ~ ~s Ciry of Dublin~ Street Lighting l~Iaintenance Assessment District 1983-1 Engineer's ~nnual Levy Report Fiscal Year 2011/2012 Applied Levy per EDU - This amount represents the rate being applied to each parcel's individual EDU factor. The Levy per EDU is the result of dividing the "Special Assessment to Levy" by the Total EDUs of the District for the Fiscal Year. Maximum Levy per EDU - This is the maximum rate per EDU allowable within the District. Reserve Fund - A reserve of approximately $98,267.86 is projected to remain at the end of Fiscal Year 2011/2012. This reserve is comrriensurate 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. IY~illdan Financial Seruices - Page 14 ~~~~ ~ ~ ~15 Ciry of Dublin Street Lighting ~faintenance l~ssessment District 1983-1 Engineer's <°lnnual Levy Repoxt ~ Fiscal Year 2011 /2012 B. District Budget 2011/12 Budget Worksheet Street Lighting Maintenance Assessment District No. 1983-1 ~ Fu~d Number 2701 Maintenance $2,000.00 Contract with Alameda County 75,390.00 California Street Light Association 870.00 Utilities Electricity 208,490.00 Miscellaneous Expenses ~ 10,000.00 Sub-Total Direct Costs $296,750.00 TOTAL DIRECT $296,750.00 District Administration - Consulting $4,350.00 Public Works Administration $3,423.00 County per Parcel Fee $4,555.77 TOTAL ADMIN $12,328.77 TOTAL DIRECT AND ADMIN COSTS $309,078.77 Reserve Collection/(Transfer) (43,772.14) Capital Improvement Fund Collection/(Transfer) - 0.00 General Fund Loans RepaymenU(Advances) 0.00 Delinquency Contingency 2,679.87 Other Revenues/General Fund (Contributions) 0.00 TOTAL ADJUSTMENTS (41, 092.27) Balance to Levy (Budgeted) $267,986.50 Total Revenue at Maximum Rate $267,986.SQ Variance abovel(below) Maximum Revenue $0.00 Applied Charge $267,986.50 Total Parcels 10,371 Total Parcels Levied 10,280 Total Equivalent Benefit Units 13,856.91 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 $131,811.00 Reserve Fund Adjustments (43,772.14) Prior/ Penalties! Public Damage 8,160.00 Interest 2,069.00 Anticipated Reserve Balance $98,267.86 Willdan Financial Seruices Page 15 ~ i~5 ~ Ciry, of Dubhn Street Lighting ylaintenance Assessment District 1983-1 Engineer's ~nnual Levy Repoxt ~ Fiscal Year 2011 /2012 APPEIVDIX A.- DISTRBCT ~Ol1N~~41~Y 1~~1P Willdan Financial Service.r ~ ~ ~' ~ Pa~e 16 ~ - ~ I~a Ciry of Dublin Street Lighting Maintenance ~lssessment District 1983-1 Engineer's tlnnual Levy Report Fiscal Yeax 2011 /2012 APPENDIX B- 2011l2012 ASSESS6VIEIVT ROL.L 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. IYlilldan Finaiacial Service,r Page 17 . /I I ~ RESOLUTION IVO. XX - 11 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF DUBLIN **********~ APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLlN.STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1983-1 WHEREAS, by its Resolution No. 13-11, 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 report was made and filed with the City Clerk and duly considered by this Council and found to be suff, icient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 21, 2011, at 5:30 p.m. in the Council Chambers, Dublin Civic Cen'ter, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was published and posted in accordance with the Landscaping and Lighting Act of 1972; and WHEREAS, at the appointed time and place, said hearing was held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and consitlered by this Council, and this Council thereby acquired juristliction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: ~ (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c). The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are as shown by a map thereof filed in the office of the City Clerk, which map is made a_part hereof.bv ____ _____ ___ reference thereto. ATTACHMENT ~ PASSED, APPROVED AND ADOPTED this 21St day of June, 2011, vote: AYES: NOES:. ABSENT: ABSTAIN: ATTEST: City Clerk f5 by the f owing Mayor ATTACHMENT 4 ~ .......... .. ' . . J. _ ~fi~l(~ ~l5 ENGINEER'S REPORT AFFIDAVIT Landscaping and Lighting District No. 1983-2 Pursuant to the Landscaping and Lighting Act of 1972 City of Dublin Alameda County, State of Califomia This Report describes the District and services therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2011/2012 as they existed at the time of the passage af the Resolution of Intention. Reference is hereby made to the Alameda County Assessor's maps for a detailed desc~iption 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 2 ~ ~ day of ~V~- , 2011. Willdan Financial Services Assessment Engineer On Behalf of the City of Dublin By: _ Marc By: Gar Public Works Director City of Dublin ~ ii~ 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 ........................................................................................ 7 D. INFLATIONARY FACTOR APPLIED TO MAXIMUM RATE ...................................................... 8 IV. DISTRICT BUDGET ................................................................................................. 9 A. DESCRIPTION OF BUDGET ITEMS ...........................................:......... ........................... 9 B. DISTRICT BUDGET ......:..................................................................................:..........:...13 V. APPENDIX A- DISTRICT BOUNDARY MAP ........................................................ 14 VI: APPENDIX B- 2011/2012 ASSESSMENT ROLL ................................................. 15 _ ~~ «~ Ciry of Dublin Landscape and Lighting District 1983-2 - Engineex's ~nnual Levy Report Fiscal Year 2011 /2012 I. OVERVIEIIV A. Introduction The City of Dublin ("City") annually levies and collects special assessments in order to maintain the improvements within the Landscaping and Lighting District No. 1983-2 ("District"). The District was originally formed in 1983 and is annually levied pursuant to the Landscape and Lighting Act of 1972„ Part 2 of Division 15 of the California Streets and Highways 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, Sectior- 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 2011/2012. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel's special benefits. ~ For the purposes of this Report, the word "parcel" refers to an individual property assigned its own Assessment Number by the County of Alameda Assessor's Office. The County of Alameda Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll. Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Engineer's Annual Levy Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will by resolution: order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, beginning with Section 22640 of the 1972 Act. The assessment rate and . method of apportionment described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2011/2012. [Ylilldan Financial Seruicet , Pa~e 1 . ~~ Il~ _ City of Dubhn Landscape and Lighting Distsict 1983-2 Engineer's ~nnual Levy Repoxt _ Fiscal Yeax 2011 /2012 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 wi11 be identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council. B. Applicable Legislation The District has been formed and is annually levied pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, beginning with Section 22500. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received. Compliance with the California Constitution All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and shall be in compliance with the provisions of the California Constitution Article XIIID ("Article XIIID"). On November 5, 1996, California voters approved the Right to Vote on Taxes Act (Proposition 218) by a margin of 56.5% to 43.5%. The provisions of Proposition 218 became amendments to the California Constitutional Articles XIIIC and XIIID, can be summarized in four general areas: 1) Strengthens the general and special tax, provisions of Proposition 13 and Proposition 62. 2) Extends the initiative process to all local taxes, assessments, fees, and charges. 3) Adds substantive and procedural requirements to assessments. 4) Adds substantive and procedural requirements to property-related fees and charges. Pursuant to Article. XIIID Section 4, ..all property related assessments must comply with certain substantive and procedural requirements unless they meet certain exemptions listed in Article XIIID Section V. Willdan Financial Seruicer Page 2 i~5 Citv of Dublin Landscape and Lighting District 1983-2 Engineex's ~lnnual Lew Report Fiscal Yeax 2011/2012 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 improvernents. 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 p.roposed 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 property owner protest proceeding. Provisions of the 1972 Act (Improvements and Services) The Method of Apportionment described for the District Report utilizes commonly accepted assessment-engineering practices and have been established pursuant to the 1972 Act and the provisions of the California Constitution Article XIIID. , As generally defined by the 1972 Act, the improvements and the associated assessments for each District may include one or any combination of the following: ~- 1) The installation or planting of landscaping. 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities. 3) The installation or construction of public lighting facilities, including, but not_limited to streetlights and traffic signals. 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the IY~illclan Financial Seroice,r Page 3 ~ ~i~ Ciry of Du li Landscape and Lighting District "1983-2 Engineex's Annual Levy Report Fiscal Yeax 2011 /2012 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 cur6s, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 7) The acquisition of land for park, recreational or open-space purposes, or the acquisition of any existing improvement otherwise authorized by the Act. 8) Incidental expenses associated with the improvements including, ~but not limited to: - a. The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b. The costs of printing, advertising, and the publishing, posting and mailing of notices; - c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; ~ Willdan Financial Seruice.r Page ~4 ~ i~~ Ciry of Dublin Landscape and Lighting District 1983-2 Engineer's Annual,Levy Report Fiscal Year 2011/2012 e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and; f. Costs associated with any elections held for the approval of a new or increased assessment. IL DESCRIPI"10(V OF THE DISTRICT AIVD IIV~PF~C3VEIUIENTS A. District In 1983, the City of Dublin formed the District for the purpose of maintaining street landscaping within Tract 4719. The District originally included Stagecoach Park and Stagecoach Road, north of the City Limit, but now includes only roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The maintenance cost for Stagecoach Park, as well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District. A Diagram showing the exterior boundaries of the District is provided in this Report at Appendix A. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District B. Improvements The scope of work shall include the maintenance of landscaping and irrigation within the road right-of-way and within a public easement along Stagecoach Road between the limits of Amador Valley Boulevard and the northerly City Limit.- Further, the scope of work shall include the maintenance of the slopes and landscaping and irrigafion of the slopes within a public easement for those slope areas to the rear of Lots 80 through 86 and 37 through 48, all within Tract 4719. Financial Seruice.r ' Page ~ I t5 Citv of ublin Landscape and Lighting District 1983-2 Engineer's Annual Levy Report Fiscal Yeax 2011/2012" IIL METHOD O~ Al~PORTION6VIENT ~ 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 aNocated based on special benefit pursuant to the provisions of the 1972 Act. All the assessed parcels receive direct and special benefits from the improvements and activities to be funded through the District assessments. The improvements include all necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactory condition. , ~ Special Benefit The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well-maintained landscaping in close proximity to those properties. • ~ The special benefits associated with landscape improvements are specifically: 1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.. l~illdan Fina~u•ial Seruicer Pa~e 6 - 11~ City of Dub n Landscape and Lighting District 1983-2 Engineex's ~nnual Levy Report Fiscal Year 2011 /2012 5) Increased sense of pride in ownership .of property within the District resulting from well-maintained improvements associafed with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas. ' 7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. 8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. - The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly effect the properties within the District. Although the improvements include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the construction and instailation of these improvements were only necessary for the development of properties within the District and- were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to. properties within the District. C. Assessment Methodology The assessment spread for this District shall be calculated as follows: Sixty- one and six tenths percent (61.6%) spread equally among the 150 single- family homes of Dublin Hills Estates; thirty-eight and four tenths percent (38.4%) spread equally among the 553 apartments of Amador Lakes Apartments. I1'/illdan Fina~acial Servicer Page 7 City of Du Landscape and Lighting District 1983-2 Engineer's .~nnual Levy Repoxt Fiscal Yeax 2011/2012 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 Area Consumer Price Index for "All Urban Wage Earners and Clerical Workers" of ("Index"), plus any actual increase in the. cost of utilities (power and water). Each fiscal year t}ie City shall identify the change in the Index for April to April of the preceding year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Iri the event that the City Council determines that an inflation adjustment is not required for a given fiscal year, the Gity 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 propedy owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District. ear pril CPI % CPI Change SFR Rate CPI Inflator Only MFR Rate CPI Inflato Combined Only Utilities ~~~ Change in Combined Utilities % Change in Combined Utilities Spread to SFR SFR Rate per parcel increase Spread to ~ MFR MFR Rate CPI & Utility per parcel Inflated SFR increase Rate ToWI CPI & Utility Combined Inflated MFR Inflationary Rate Factor ' 2006 204.9 2.81 % 2007 2112 3.07 % 274.31 46.38 10,460.00 - - ~ - 274.31 46.38 3.07°h 2008 217.91 3.18 % 283.03 47.86 12,029.00 1, 569.00 15.00 % 966.50 6.44 602.50 1.09 289.48 48.95 5.53 % 2009 218.58 0.31 % 290.37 49.10 11,716.00 (313.00) -2.60% - - - - ~ 290.37 49.10 0.31 % 2010 223.821 2.40% 297.34 50.28 19,434.00 7,718.00 65.88% 4,754.29 3170 2,963.71 5.36 329.03 55.63 ' 13.31% 2011 231.6 3.48% 340.47 57.57 17,473.00 (1,961.00) -10.09% - - - - 340.47 57.57 3.48% "~ Combined Utilities represent the actually utility expenses incurred in the prior fiscal year. The percentage difference for the San Francisco-Oakland-San Jose Area Consumer Price Index from April 2010 to April 2011 was 3.48%. This increase is applied to the prior year Maximum Levy Rates to determine the ~i~ ~~~ bhn Willrlan Financial Seruicer Page 3 ~ I ~5 City of Du hn, Landscape and Lighting District 1983-2 Engineex's tlnnual Levy Repoxt Fiscal Yeax 2011/2012 `CPI Inflator Only Rates' for each property type (as shown in the above table). For Fiscal Year 2010/2011 the Actual Utility Costs decreased by $1,961 or negative 10.09% from the prior fiscal year. A~ positive change in the Actual Utility Costs would be allocated between the two property types per the Assessment Methodology and added to the CPI Inflator Only Rates. In the case of a decrease in Actual Utility Costs there is no adjustment made to the CPi Inflator Only rates. For the Fiscal Year 2011/2012 the two factors, CPI and Actual Utility Costs Increases, combine for a total Inflationary Factor increase of 3.48% in the maximum assessment rates. After historical adjustments have been made for the Actual Utility Costs experienced within the District the maximum assessment rates will increase to $340.47 for single-family residential parcels and $57.57 for multi-family residential units within the District. The proposed assessment for Fiscal Year 2011/2012 is $300.62 per single-family residential parcels and $50.82 for multi-family residential units, an increase of 3.48% over the applied rate for the prior Fiscal Year 2010/2011. IV. DISTR~~T 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: 6Vzlldcrn Financial Service.r Page 9 ~3 ~ i~s Ciry of Dublui Landscape and Lighting Distsict 1983-2 Engineex's Annual Levy Report Fiscal Yeax 2011/2012 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 of the property tax bills. LEVY BREAKDOWN: Reserve Collection/(Transfer) - The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund, which shall not exceed approximately 50% of the fiscal year costs. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that _ may occur during the year. Capital Improvement Fund Collection/(Transfer) = The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by _resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically~not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. ~ Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately)., the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that 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. Willdan Financial Seruicer Page 10 ~D II~ City of Dub n . Landscape and Lighting Distsict 1983-2 Enginees's Annual Levy Report Fiscal Year 2011%2012 ~ The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget. General Fund Loans Repayment/(Advances) - This item represents repayments of amounts that had been- temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current fiscal year that must be repaid by future assessments. Similar to the Reserve Collection/(Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment fo repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current fiscal year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current fiscal year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance wil{ be repaid and replenished fihrough 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 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. Willdan Financial Seruices ~ ~ Page 11 Ciry of Dubhn Landscape and Lighting,District 198:i-2 Engineex's tlnnual Levy Report Fiscal Year 2011/2012 Balance to Levy - This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. Total Parcels - The total number of parcels within the District including exempt parcels. Total Parcels Levied - The total number of parcels within the District that will receive the special benefits during the cur~ent fiscal year. Balance to Levy for SFR - The total assessment to single-family property owners in the Dublin Hills Estates development. Balance to Levy for MFR - The total assessment to property owners of condominium or apartment units in the Amador Lakes Apartments development. Maximum Levy per SFR (Prior Fiscal Year) - This is the maximurn 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 maximum 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 maximum rate allowable per MFR unit to assess property owners within the District; in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. . Inflationary Factor - Annual percentage increase in the San Francisco- Oakland-San Jose Area Consumer Price Index for "All Urban Wage Earners and Clerical Workers" applies to all cost except water and electricity, plus any addifional increase in the utility cost of water and electricity. Each fiscal year the City shall identify the change in the CPI Index for April to April of the preceding year. . i ~s IVilldan Financial Seruice.r ~ Page 12 ~ ris Ciry of Dublin Landscape and Lighting District 1983-2 Engineer's ~nnual Levy Repoxt Fiscal Year 2011/2012 B. District Budget 2011/12 Budget Worksheet Landscaping and Lighting District No. 1983-2 Fund Number 2702 Maintenance-Tree Maintenance-Landscape Utilities Water Utilities Electricity Miscelleneous Expenses TOTAL DIRECT District Administration Public Works Administration County per Parcel Fee TOTAL ADMIN TOTAL DIRECT AND ADMIN COSTS Reserve Collection/(Transfer) Capital Improvement Fund Collection/(Transfer) General Fund Loans RepaymenU(Advances) Other Revenues/General Fund (Contributions) TOTAL ADJUSTMENTS Balance to Levy (Budgeted) Total Revenue at Maximum Rate Variance above/(below) Maximum Revenue Applied Charge Total Parcels Total Parcels Levied Total SFR Count Total MFR Count Balance to Levy for SFR (61.61 % of Total Applied Levy) Applied Levy per SFR Balance to Levy for MFR (38.39% of Total Applied Levy Applied Levy per MFR Maximum Levy per SFR (Prior Fiscal Year) Maximum Levy per MFR (Prior Fiscal Year) Maximum Levy per SFR (Current~Fiscal Year) Maximum Levy per MFR (Current Fiscal Year) Inflationary Factor Applied to Maximum Rate . $2,240.OQ 47, 020.00 18,920.00 810.00 0.00 $68,990.00 $2, 840.00 $885.00 1, 244.34 $4,969.34 $73,959.34 (762.88) 0.00 0.00 0.00 ($762.88) . $73,196.46 $82,905.71 ($9,709.25) 73,196.46 709 703 150 553 $45,096.34 $300.62 $28,100.12 $50.82 $329.03 $55.63 $340.47 $57.57 3.48% Beginning Reserve Fund Balance $34,258.00 Reserve Fund Adjustments (762.88) Priod Penafties/ Public Damage _.._ 0.00 Interest 318.00 Anticipated Reserve Balance $33,813.12 ~ Willdan Financial Seruice.r Page 13 ~7~ i~5 City of Dublin Landscape and Lighting District 1983-2 Engii-ieer's Annual Levy Repoxt Fiscal Year 2011 /2012 V. [Y/i!ldan Financial Seruice.r Page 14 APPEiVDIX A- DiSTRICT BOUIVDARY 1111~4P ~~5 Ciry of Dublin {J Landscape and Llghting District 1983-2 Engineex's Annual Levy Report , Fiscal Year 2011 /2012 Vi. APPENDIX B- 20'i 1J2012 ASSESSIVIEIVT ROLL Parcel identification, for each lot or parcel within the. District, shall be the parcel as shown on the Alameda County Assessor's map for the year in which this Report is prepared. A listing of parcels assessed within this ~District, along with the property type, and assessment amounts~, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identifiied and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. ~ Willdan Finaiacral Servic•e.r , Page 1 ~ ~ I I~ RESOLUTION NO. XX - 11 A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF DUBLIN *********** APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITI( OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT -NO. 1983-2 (TRACT 4719) WHEREAS, by its Resolution No. 14-11, 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 report was made and filed with the City Clerk and duly considered by this Council and found to~be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 21, 2011, at 5:30 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was mailed, published and posted in accordance with Government Code Section 54954.6; and WHEREAS, at the appointed time and place, said hearings were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council tfiereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written ~protests against the said proposed. levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) The.District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as showri by a map t_hereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. ~ATTACHMENT Cv ~ ~~i~5 PASSED, APPROVED AND ADOPTED this 21St day of June, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ~ ATTACHMENT 6 ~~ ~ , ~ ~~ f~ ~ J~. ~ ~ _ ~ . .~~. . ~w ~a ~5 ~ ENGINEER'S REPORT AFFIDAVIT Landscaping and Ligfiting District No. 1986-1 Pursuant to the Landscaping and Lighting Act of 1972 City of Dublin Alameda County, State of Califomia Th~s Report describes the District and services therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2011/2012 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 2~ ~~ day of ~ ~'~- , 2011. Willdan Financial Services Assessment Engineer On Behalf of the City of Dublin By: _ Marc Admi~istr,~ti~on Services ` By: Gary Huisingh Public Works Director City of Dubiin ~~j~ 115 TABLE OF CONTENTS I. OVERVIEW ..............................................................................................................1~ A. I NTRODUCTI ON ............~ ................................................................................................. 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 ................................................................................. .1 O B. DISTRICT BUDGET ..............................:....................................................................... .14 V. APPENDIX A- DISTRICT BOUNDARY MAP :.....................:................::............... 15 VI. APPENDIX B- 2011/2012 ASSESSMENT ROLL ................................................. 16 ~ ~' ~ Ciry of Dub Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2011/2012 '. oV~ '~v~~W A. Introduction The City of Dublin ("City") annually levies and collects special assessments in order to maintain the improvements within the Landscaping and Lighting District No. 1986-1 ("District"). The District was originally formed in 1986 and is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets.and Highways 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 2011/2012. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a special benefit to properties within the District. The -costs of improvements and the annual levy -including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel's special benefits. For the purposes of this Report, the word "parcel" refers to an individual property assigned its own Assessment Number by the County of Alameda Assessor's Office. The County of Alameda Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll. Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Engineer's Annual Levy Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will by resolution: order the improvements to be made and confirm the levy and collection of assessments pursuant to Chapter 4, Article 1, beginning with .Section 22640 of the 1972 Act. The assessment rate and method of apportionment described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2011/2012. Willdan Finrancial SerUice.r ' Page 1 (I~ City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Levy Repoxt Fiscal Yeax 2011/2012 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 co'llected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council. B. Applicable,Legislation The District has been formed and is annually levied pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, beginning with Section 22500. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received. Compliance with the California Constitution All assessments described in this Report and approved by the City Council. are prepared in accordance with the 1972 Act and shall be in compliance with the provisions of the California Constitution Article XIIID ("Article XIIID"). On November 5, 1996, California voters approved the Right to Vote on Taxes Act (Proposition 218) by a margin of 56.5% to 43.5%. The provisions of Proposition 218 became amendments to the California Constitutional Articles XIIIC and XIIID, can be summarized in four general areas` 1) Strengthens the general and special tax provisions of Proposition 13 and Proposition 62. 2) Extends the initiative process to all local taxes, assessments, fees, and charges. 3) Adds substantive and procedural requirements to assessments. 4) Adds substantive and procedural requirements to property-related fees. and charges. . Pursuant to Article XIIID Section 4, all property related assessments must comply with certain substantive and procedural requirements unless they meet certain exemptions listed in Article XIIID Section V. Willdan Fina~zcial Seruice.r Page 2 ~~\ 1 ~~ Ci ofDublin V ~' Landscaping and Lighring District 1986-1 Engineer's Annual Levy Repoxt Fiscal Year 20T1/2012 The assessments contained in this Report were imposed in accordance with voter approval pursuant to the establishment of the District. and the assessments are imposed to finance capital costs or maintenance and operation expenses for public streets (and all improvements within the street right of way including landscaping). Based on these exempt criteria, the City has determined that the assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. In Fiscal Year 2001/2002, the assessment in this District was increased by 54%, as the reserve funds had become depleted and could no longer be used to offset utility and maintenance cost increases. Property owners in compliance wi#h Proposition 218 approved the rate increase. The property owners also approved an escalation clause for future years that allows the _ assessment to increase according to the annual percentage change of the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. Any proposed assessment that exceeds the adjusted maximum assessment rate is considered an increased assessment. Pursuant to~ the provisions of the XIIID, all new or increased assessments (the incremental increase) are subject to both the substantive and procedural requirements of Article XIIID Section 4, including a property owner protest proceeding. Provisions 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, irrigation, drainage, or electrical facilities. ~ Willdan Financial Seruices Page 3 i ~5 Ciry of Du ' Landscaping and Lighting District 1986-1 Bngineer's Annual Levy Report Fiscal Yeax 2011 f 2012 5) The installation of park or recreational improvements including, but not limited to the following: a. Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b. Lights, playground equipment, play courts and public restrooms. 6) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to: a. Repair, removal, or replacement of all or any part of any ~ improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or ~ water, irrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, , including cultivation, irrigation, trimming„ spraying, fertilizing, or ~ - treating for disease or injury; d. The removal of trimmings, rubbish, debris, ~and other solid waste; ~ e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. f. Electric current or energy, gas, or other agent fior the lighting or operation of any other. improvements. ~ g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 7) The acquisition of land for park, recreational or open-space purposes, or the acquisition of any existing improvement otherwise authorized by the Act. 8) Incidental expenses associated with the improvements including, but not limited to: a. The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b. The costs of printing, advertising, and the publishing, posting and mailing of notices; c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; _ e. Any other expenses incidental to the~ construction, installation, or maintenance and servicing of the improvements; and, f. Costs associated with any elections held. for the approval of a new or increased assessment. Willdan Financial Service.r Page ~ ~- ~ [15 ~ City of Du lin. Landscaping and Lighting District 1986-1 ` Engineex's Annual Levy Repoxt Fiscal Ye~ 2011 /2012 II. DESCRIPTION 4F 1'HE DlSTRICT ~41VD INlPROVE6ViE6VTS A. District The District was formed to fund the maintenance of landscaping, including fencing and soundwalls, along the west side of Dougherty Road from Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along Wildwood Road and Fall Creek Road, and certain landscaped areas within the Ridgecreek single- family home development. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association or property owner for those individual developments. A Diagram showing the exterior boundaries of the District is provided in this Report at Appendix A.' Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on tiie Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District B. Improvements The Improvements for the District shall include the maintenance and servicing for the following: . 1) The median and roadside landscaping along the north side of Willow Creek Drive. - 2) Roadside landscaping along Shady Cree Drive within Lots 1, 2, 3,.4, 5, 6, 15, 16, 37, 38, and south of Lot 145, all within Traet 5511. 3) Roadside landscaping, wall, fence, and pathway improvements along the west side if Dougherty Road, between Amador Valley Boulevard and the northerly City Limit line, and along the north side of Amador Valley Boulevard, between Dougherty Road and Wildwood Road. 4} Roadside landscaping, fence, and pathway improvements on the west side of Wildwood Road. - 5) Roadside landscaping, fence, wall, and pathway improvements on the west side of Dougherty Raad and the south side. of Amador Vafley Boulevard, adjacent to Lot 150. lYlilldan Financial Seruice.r Page 5 Ciry of Landscaping and Lighting District 198G 1 Engineer's Annual Levy Repoxt Fiscal Year 2011/~012 6) Roadside landscaping, fence, and pathway improvements on the west and no~th sides of Fall Creek Road. 7) Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-way. III. N9ETFi~D OF AF'F'OFtTIt~IdIVIE1VT 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 ae received by each such parcel from the improvements. The benefit formula used should reflect the composition of the parcels, and the improvements and services provided, to fairly proportion the costs based on special benefit to each parcel. B. Benefit Analysis Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the Article XIIID. All the assessed parcels receive direct and special benefits from the improvements and activities to be funded through the District assessments. The improvements include all necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactory condition. Special Benefit The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well-maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically: 1) Enhanced desirability, of properties through association with the improvements. 2) Improved ~aesthetic appeal of properties providing a positive representation of the area and properties. ~ ~ ~ is Dub T~illdan Finajrcial Seruice.r Page 6 ~~ i~~ Ciry of Dublin Landscaping and Lighting Distsict 1986-1 Engineer's Annual Levy Report ' Fiscal Yeax 2011 /2012 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 resultirig from well-maintained improvements associated with the properties. . ~ 6) Enhanced quality of life through well-maintained green space and landscaped areas. 7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities includi.ng abatement of graffiti. 8~) Enhanced environmental quality .of the parcels by moderating temperatures, providing oxygenation ~and attenuating noise. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding ta properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit In re~iewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly effect the properties within the District. Although the improvements include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is 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. IYlillda~a Financial Seruice,r , , Page % (~(b~ ~~~ City of Dublin Landscaping and Lighting District 1986-1 Engineer's Annual Lew Report ~ . Fiscal Year 2011 /2012 C. Assessment Methodology Each parcel is assigned a factor rate known as an Equivalent Dwelling Unit (EDU) to identify the parcel's proportionate special benefit from the improvements. Each parcel's EDU is calculated based on the parcel's land use. All single-family residential properties are assigned an EDU of 1.00, and all other property types are assigned an EDU proportionate to the special benefits they receive as compared to this single-family residential property. The total EDUs is divided into the total amount to be assessed (Balance to Levy) to establish the Levy per EDU (Rate). This Rate is then multiplied by the parcel's individual EDU to establish the parcel's levy amount. The following table shows the EDU factors for each property type in the District: Property Type EDU Factor Basis Single-Family Residential (SFR) 1.00 Parcel Multi-Family Residential (MFR) 0.50 Unit Commercial 4.00 P_arcel Exempt, Common Open Space, Public Land 0.00 Parcel The following formulas are used to calculate each property's assessment: Total Ba/ance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount The formula used reflects the composition of the parcels and properties, and the services provided, to accurately proportion the costs based on estimated special benefit to each parcel. D. Land Use Classifications Every parcel within the District is assigned a land use classification based on available parcel information obtained from the Alameda County Assessor's Office and City records. To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each otiier. 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. [Y/illdan Financial Seruic~es ~ Page 8 ~~ ~~5 City of Dubhn Landscaping and Lighting District 1986-1 Engineer's ~nnual Levy Report Fiscal Year 2011 /2012 The EDU method of apportioning benefit is typically seen as the most app~opriate 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 afl other land use types are compared and weighted against (i.e. Equivalent Dwelling Unit EDU). Multi-Family Residential - This land use identifies ~properties that are developed for multi-family use and are assigned a factor of 0.50 EDU per unit. Commercial - This land use identifies properties that are classified for commercial use and are assigned a factor of 4.00 EDU per parcel/lot. Common Open Space, Cemeteries 8~ 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 formuta 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 Local Consumer Price Index for "All Urban Wage Earners and Clerical Workers" of the San Francisco-Oakland-San Jose Area ("Index"), plus any actual.increase in the cost of utilities (power and water). Each fiscal year the City shall identify the change in the Index for April to April of the preceding year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In the event that the City Council determines that an inflation adjustment is not. required for a given fiscal year, the City Councii 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 Willdan Financ•ial Seruice.r Page 9 ~ i~~ City of Dub Landscaping and Lighting Distsict 1986-1 Engineer's Annual Levy Report Fiscal Yeax 2011 /2012. maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District. Utility costs for this year are anticipated to increase at the same rate as that of the Index. The percentage difference for the Index from April 2010 to Aprif 2011 was 3.476%. Therefore, the maximum assessment rate per- EDU allowed for Fiscal Year 2011/2012 has been adjusted from $159.61 to $165.16. The assessment per EDU for the current fiscal year is proposed to be $161.28, an increase of $5.42 (3.476%) over the applied rate from prior Fiscal Year 2010/2011. IV. DISTRICT BIJDGET A. Description of Budget Items The following describes the services and costs that are funded through the District, shown in the budget. ~ DIRECT COSTS: Maintenance Tree - The cost of installation and maintenance of trees and plantings along the roadside frontages and pathways within the District Maintenance Landscape - The cost of maintenance and repair of the landscaping and open space areas within the District. Utilities Water - The cost of furnishing water for maintenance of fandscape and irrigation systems within the District. Utilities Electricity - The cost of electricity for maintenance of landscape and powering of irrigation systems within the District. Miscellaneous Expenses - The costs that cannot easily be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: District Administration, Consulting - The costs of contracting with professionals to provide services specific to the levy administration, including preparation of the Engineer's Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or IY/illdan Financial Seruices - Page 10 ' ~. ~ `~ City of Dubhn Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2011 /2012 engineering services specific to the District such as.the cost to prepare and rriail 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. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) - The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be convenientfy 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 credifed 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, Willdan Financial Seruicec Page 1'1 Ci of Dublin I'~ n' Landscaping and Lightirig District 1986-1 Engineer's Annual Levy Report ~ ~ Fiscal Year 2011 /2012 this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay ,a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all: available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current fiscal year (Advance) is shown. as a negative number. If the District is expected to incur significant expenditures in the current fiscal year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures: Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund ~ Balance will be repaid and replenished through future assessment revenues. Delinquency Contingency - This is the estimated amount designated for delinquent property tax payments that the County. is unable to collect in Fiscal Year 2011/2012. Other Revenue/General Fund (Contributions) - This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non-District or District sources including City General Fund Contributions and/or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do~not have to be repaid. Balance, to Levy - This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the IVilldan Fi~zaiacial Seroice.r ' Page 12 - ~ " (5 Ciry of Dub1u1 ~ Landscaping and Lighting District 1986-1 Engineer's Annual Levy Report Fiscal Year 2011/2012 improvements identified as special benefits are levied and collected on the tax roll_ Total Parcels - The total number of parcels within the boundaries of District, including all levied and exempt parcels. . Total Parcels Levied = The total number of parcels within the District that will receive the special benefits during the current fiscal year. Total EDUs - The total Equivalent Dwelling Units within the District applied to the parcels described above. . Applied Levy per EDU - This amount represents the rate being applied to eacli parcel's individual EDU factor. The Levy per EDU is the result of dividing the "Special Assessment to Levy" by the Total EDUs of the District for the fiscal year. , Maximum Levy per EDU (Prior Fiscal Year) - This is the maximum rate per EDU allowed within the District for prior Fiscal Year 2010/2011, 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 maximum rate per EDU allowed within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Inflationary Factor - Annual percentage increase in the San Francisco- Oakland-San Jose Area Consumer Price Index for "All Urban Wage Earners and Clerical Workers," applies to all cost except water and electricity, plus any additional increase in the utility cost of water and electricity. Each fiscal year the City shall identify the change in the Index for April to April of the preceding year. Willdan Financial Servic•e.r ~ Page 13 ~ ~~~ ll~ . Ciry of Du`5h Landscaping and Lighting Distsict 1986-1 Engineer's Annual Levy Repoxt Fiscal Year 2011/2012 B. District Budget 2011/12 Budget Worksheet Landscaping and Lighting District No. 1986-1 Fund Number 2703 Maintenance - Tree $14,900.00 Maintenance - Landscape 56,89~.~~ Utilities Water 43,300.00 Utilities Electricity 1,610.00 Miscellaneous Expenses 0.00 Sub-Total Direct Costs $116,700.00 TOTAL DIRECT $116,700.00 District Administration $2,835.00 Public Works Administration $1,300.00 County~per Parcel Fee 1,786.26 70TAL ADMIN . $5,921.26 TOTAL DIRECT AND ADMIN COSTS $122,621.26 Reserve Collection/(Transfer) (18,072.71) Capital Improvement Fund Collection/(Transfer) 0.00 General Fund Loans Repayment/(Advances) 0.00 Delinquency Contingency 525.37 Other Revenues/General Fund (Contributions) 0.00 TOTAL ADJUSTMENTS ($17,547.34) Balance to Levy (Budgeted) $105,073.92 Total Revenue at Maximum Rate $107,600.47 Variance above/(below) Maximum Revenue ($2,526.55) Applied Charge $105,073.92 Total Parcels 1o1s Total Parcels Levied sas Total Equivalent Benefit Units s5~.5o Proposed Levy per Benefit Unit $161.28 Applied Levy per Benefit Unit' $161.28 Maximum Levy per Benefit Unit (Prior Fiscal Year) $159.61 Maximum Levy per Benefit Unit (Current Fiscal Year) $165.16 Inflationary Factor Applied to Maximum Rate 3.4~6% Beginning Reserve Fund Balance $77,815.00 Reserve Fund Adjustments. (18,072.71) Prior/ Penalties/Public Damage 1,220.00 Interest 1,064.00 Anticipated Reserve Balance S62,o26.29 IiVilldan Financial Seruices Pc~ge 1~ ' City of Du Landscaping and Lighting Distsict 1986-1 Engineer's Annual Levy Repoxt Fiscal Year 2011 /3012 V. APP~NDOX A- - DISTRICT BOUND~-RY 9l~AP i~g ~ I15 blin Willdan Financial Service.r Page 15 ~ l ~5 City of Dublui Landscaping and Lighring District 1986-1 Engineer's Annual Levy Report Fiscal Year 2011 /2012 VI. APPEfVDIX B- 2011/2012 ASSESSMENT ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Alameda County Assessor's map for the year in which this Report is prepared. A listing of parcels assessed within this District, along with the assigned EDU value and assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. Willdan Firrancial Seruice.r " Page 16 RESOLUTION NO. XX - 11 I IJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~********** APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE . ASSESSMENT DISTRICT NO. 1986-1 (VILLAGES AT WILLOW CREEK) WHEREAS, by its Resolution No. 15-11, 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 report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 21, 2011, at 5:30 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was mailed, published and posted in accordance with Government Code Section 54954.6; and , WHEREAS, at the appointed time and place, said hearings were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. - ATTACHMENT ~ [ 5 , ~~ l . ~ PASSED, APPROVED AND ADOPTED this 21St day of June, 2011, by the following vote: AYES: NOES: , ~ ABSENT: - ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 8 ~~ ,, ,_ , - ~ ., ,; >. . ,.. ~. ,~., ~, ( ~ I~ >... ; ~ , ~~ . ~, ~~ , .:; ; ~ ; ; ~: ~= .-_ ~ ~ .; ~: ~ _ ix ~3 ~ i~ ENGINEER'S REPORT AFFIDAVIT .Landscape Maintenance Assessment District No. 1997-1 Pursuant to the Landscaping and Lighting Act of 1972 City of Dublin Alameda County, State of California This Report describes the District and services therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2011/2012 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 Z~( ~ day of ~~~- , 2011. Willdan Financial Services Assessment Engineer On Behalf of the City of Dublin ~.-...- . By: Gary Huisingh Public Works Director City of Dublin TABLE OF CONTE~NTS ~ ~is ~ I . OVE RVI EW .............................................................................................................1 A. I NTRO DUCTI ON ............................................................................................................. 1 B. APPLICABLE LEGISLATION .................................................................. ...................... 2, II. DESCRIPTION OF THE DISTRICT AND IMPROVEMENTS .................................4 A. DISTRICT ..:..........................................................................................~........................ 4 B. IMPROVEMENTS ........................................................................................................... 5 III. METHOD OF APPORTIONMENT .......................................................................... 6 A. BACKGROUND ............................................................................................................. 6 B. BENEFIT ANALYSIS ...................................................................................................... 6 C. ASSESSMENT METHODOLOGY ...................................................................................... 7 D. RATE CLASSIFICATIONS .................................:............................................................. 9 E. INFLATIONARY FACTOR APPLIED TO MAXIMUM RATE ..................................................... 9 IV. DISTRICT BUDGET .............................................................................................. 11 A. DESCRIPTION OF BUDGET ITEMS .......................... .....................................................11 B. DISTRICT BUDGET .......................................... ...................................................:.....15 V. APPENDIX A- DISTRICT BOUNDARY MAP ...................................:.................. 16 VI. APPENDIX B- 2011/2012 ASSESSMENT ROLL ............................................... 17 ` 7~ j i5 Citv of Dub Landscape Nlaintenance ~ssessmerit District 1997-1 Engineer's Annual Lew Report Fiscal Year 2011/2012 ~. Ov~~vl ~W A. Introduction The City of Dublin ("City") annually levies and collects special assessments in order to maintain the improvements within the Landscape Maintenance Assessment District No. 1997-1 ("District"). The District was originally formed in the fall of 1996 and is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways 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 2011/2012. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the _ District proportionate to the parcel's special benefits. . For the purposes of this Report, the word "parcel" refers to an individual property assigned its own Assessment Number by the County of Alameda Assessor's Office. The County of Alameda Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll. Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. FoUowing the annual public hearing and review of the Engineer's Annual Levy Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will by resolution: order the improvements to be made and confirm'the levy and collection of assessments pursuant to Chapter. 4, Article 1, beginning with Section 22640 of the 1972 Act. The assessment rate and method of apportionment described in this Willdan.Financial Seruices ' Page 1 , - - ~~ i~~ ~ City of Dubhn Landscape Maintenance ~ssessment District 1997-1 Engineer's ~~nnual Levy Repoxt Fiscal Year 2011/2012 Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2011/2012. The assessments as approved will be submitted to the County Auditor/Gontroller 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 Councif. , B. Applicable Legislation The District has been formed and is annually. levied pursuant to the Landscaping ,and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, beginning with Section 22500. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received. Compliance with the California Constitution Alt assessments described in this Report and approved by the City Council are prepared in accordance, with the 1972 Act and shall be in compliance with the provisions of the California Constitution Article XIIID ("Article XIIID"). On November 5, 1996, California voters approved the Right to Vote on Taxes Act (Proposition 218) by a margin of 56.5% to 43.5%. The provisions of Proposition 218 became amendments~to the California Constitutional Articles XIIIC and XIIID, can be summarized in four general areas: 1) Strengthens the general and special tax provisions of Proposition 13 and Proposition.62. 2) Extends the initiative process to all local taxes, assessments, fees, and charges. 3) Adds substantive and procedural requirements to assessments. 4) Adds substantive and procedural requirements to property-related fees and charges. The assessments contained in this Report were imposed in accordance with voter approval pursuant to the establishment of the District. As such, the City Willdan Financial Seruice.r ~ Page 2 ~? Il ~ Ciry of Dublin Landscape 1l~Iaintenance Assessment District 1997-1 Engineer's r~nnual Levy Report Fiscal Yeax 2011/2012 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 maximum assessment rates previously approved and adopted for the District. Any proposed assessment that exceeds the adjusted maximum assessment rate is considered an increased assessment. Pursuant to the provisions of the California Constitution Article XIIID, all new or increased assessments (the incremental .increase) are subject to both the substantive and procedural requirements of Article XIIID Section 4, including a property owner prot"est proceeding. Provisions of the 1972 Act (Improvements and Senrices) 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 insfallation 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 sefvices 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; [Ylillclan Finan~zal Seroice.r Page .3 ~g~ I Ciry of Dubliri I ~ Landscape Maintenance Assessment District 1997-1 ` Engineer's ~nnual Levy Report ~ Fiscal Year 2011 /2012 b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; , c. Providing for the life, growth, health, and.beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. .. g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 7) The acquisition of land for park, recreational or open-space purposes, or the acquisition of any existing improvement otherwise authorized by the Act. 8) Incidental expenses associated with the improvements including, but not limited to: a. Tfie cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b. The costs of printing, advertising, and the publishing, posting and mailing of notices; c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f. Costs associated with any elections held for the approval of a new or increased assessment. BL DES~IR9PTIOR9 OF l'FBE DIST6~iCT AND ! Pi~OVENIEIVTS A. District The District was formed to fund street landscape maintenance and utility costs for the Santa Rita development area, also known as Emerald Park. The total District area is approximately 421.87 developed acres bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. 1Y/illdan Financial Service.r Page ~F Ci of Dub ` ~ ~ n' Landscape 1~Iaintenance .~lssessment District 1997-1 Engineex's Annual Levy Report Fiscal Year 2011/2012 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 parcef of land within the District. B. Improvements The scope of work shall include the following maintenance and repair of landscaped and open space areas, entry features, entry lighting, masonry soundwalls, wrought iron fences, publicly-owned drainage ditches, irrigation systems, trees and plantings, furnishing. of water and power for irrigation systems, together with all appurtenant and incidental expenses for the following areas: 1) The northerly and southerly street frontages for Dublin Boulevard, from Arnold Road to Tassajara Road. 2) The northerly and southerly street frontages for Central Parkway from Arnold Road to Tassajara Road, excluding the future school frontage landscaping. 3) The southerly street frontage for Gleason Drive, from Arnold Road to Tassajara Road and the northerly street frontage for Gleason Drive, from Tassajara Creek to Tassajara Road. 4) The easterly street frontage for Arnold Road; from Dublin Boulevard to Gleason Drive. 5) The easterly and westerly street frontages for Hacienda Drive, from the I- 580/Hacienda interchange to Gleason Drive. 6) The westerly street frontage of Tassajara Road, 350 feet southerly of the Tassajara Road and Dublin Boufevard intersection, to 450 feet northerly of the Gleason Drive and Tassajara 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. 1~illdan Financial Seruice.r Page 5 ~ ii~ Ciry of Dublin Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report • Fiscal Year 2011 /2012 IIB. IVIETHOD OF APPOB~TIONMENT A. Background Pursuant to the 1972 Act, the costs of the District may be apportioned by any . formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received ~ by each such parcel from the improvements. The benefit formula used should reflect the composition of the parcels, and the improvements and services provided, to fairly proportion the costs based on special benefit to each parcel. B. Benefit Analysis Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the California Constitution. All the assessed parcels receive direct and special benefits from the improvements and activities to be funded through the District assessments. The improvements include all necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactory condition.. Special Benefit The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of well-maintained public landscaping in close proximity to those properties. The special benefits associated with street landscape improvements are specifically: 1) Enhanced desirability of properties through association with the improvements. ~ 2) Improved aesthetic appeal of ~ properties providing a positive representation of the area and properties. 3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. Willdan Financial Seruice.r Page (i ~~ V'~ City of Dublui ~ Landscape Nlaintenancellssessment District 1997-1 Engineer's l~nnual Levy Report Fiscal Year 2011 f 2012 4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5) Increased sense_ of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas. 7) Reduced criminal activity and property-related crimes (especially. vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. 8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise: The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special ~ enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit In reviewing each of the District improvements, the ~ proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly effect the properties within the District. Although the improvements include public areas, easements, right-of-ways and other amenities available or visible to ,the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it 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 pubiic at large, but clearly provide distinct and special benefits to properties within the District. C. Assessment Methodology The initial Engineer's Report provides for a maximum assessment of $710 per developed acre, based on a total of 389,400 square feet of street Willda~a Fina~acial Seruicer Page 7 4~ Il~ Ciry of Dublin Landscape 1~Iaintenance ~ssessment Distxict 1997-1 Engineex's Annual Levy Report Fiscal Year 2011/2012 .~ improvements and a total of 957,000 square feet of creek improvements and 440.08 acres of developed property at build-out of all property within the District. The cost of the Improvements will be divided equally among the total numbec of developed properties within the boundaries of the District on a per acre basis. "Developed acres" shall include property having a recorded final map or parcel map as of July 1st of each year. The following formulas are used to calculate each property's assessment: 1. Cost of maintenance of installed Improvements ("M"). 2. Total amount of developed acres ("A"). 3. The annual assessment for the developed acres for that year ("M") shall be spread on a per-acre basis ("M" ="A") based on the following: A. Commercial developed area, per acre basis. B. Single-family residential area, per acre basis. C. Multi-family residential area, per acre basis. 4. The single-family and multi-family residential area per acre assessment will be further spread on a per Iot basis based on the number of lots on the final map, parcel map, or condominium map for each particular development. 5. If the assessment in any year would exceed $710 per acre, the amount in excess of $710 shall be assessed to the remaining undeveloped acres on a per acre basis, subject to the maximum developed acre amount. 6. The maximum developed acre assessment of $710 per year will be increased annually by the percentage increase in the San Francisco- Oakland-San Jose Area Consumer Price Index for "All Urban Consumers and Clerical Workers" (applies to all costs except water and electricity), plus any actual increase in the cost for water and electricity. 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. Willdan Financial Seruice.r Page 8 ~~ i ~~ Ciry of Dub ~ Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report - Fiscal Year 2011/2012 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 $688.98 multiplied by the number of acres per individual lot for Fiscal Year 2011/2012. ~ For Fiscal Year 2011/2012, the following assessments resulted from this calculation: Property Type Rate , _Basis California Creekside Single-Family Residential (SFR) $97.96 Lot California Brookside Multi-Family Residential (MFR) $42.44 Unit SummerGlen - Richmond American (North) Lots $85.78 Lot SummerGlen - Richmond American (South) Lots $94.40 Lot SummerGlen - Kaufman & Broad Lots $131.36 Lot SummerGlen - Pulte Lots $164.83 Lot Dublin Greene Tract 7084 Single-Family Residential $103.76 Lot Dublin Greene Tract 7149 Multi-Family Residential $78.12 Lot . Dublin Greene Tract 7149 Condominiums/Apartments $40.72 Unit Retail, Office, and Industrial $688.98 Acre E. Inflationary Factor Applied to Maximum Rate The District assessments include a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. This assessment adjustment formula was approved by the City Council pursuant to a mailed ballot and public hearing referenced in Section I. B. The maximum assessment amount allowed for each fiscal year shall be increased annually by the percentage increase in the San Francisco-Oakland- San Jose Area Consumer Price Index ("Index") for "All Urban Consumers and Clerical Workers" applies to all cost except water and electricity, plus any additional increase in the utility cost of water and electricity. Each fiscal year the City shall identify the change in the Index for April to April of the preceding Willdan Financia! Seruii•e.r Page 9 ~ ll5 City of Du Landscape Maintenance Assessment District 1997-1 Engineer's Annual Levy Report . Fiscal Year 2011/2012 year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In the event that~ the City ,Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the assessment without -applying the adjustment,formula to the amount levied. If the budget and assessments for a district require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at~ the maximum amount allowable regardless of whether the increase is levied to the parcels within the District. Since utilities comprise approximately 20% of the annual budget, 80% of the Maximum Develbped Acre Assessment is subject to the Index increase. Since a majority of utility costs are related 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 portion of the Maximum Developed Acre Assessment is documented in the table below: ear April CPI % Chan e Max. Maint. Amount Water Unit Cost Tier 1~2~ % Change in Utility Cost Max. Utility Amount Max. Developed Acre Char e % Change in Max. Developed Acre Char e 1997 156.70 $568.00 $1.66 $142.00 $710.00 1998 160.80 2.62% 582.86 1.60 -3.61 °/a 136.87 719.73 1.37% 1999 168.80 4.98% 611.86 1.59 -0.63% 136.01 747.87 3.91 % 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% 135.16 805.37 4.60% 2002 188.80 2.11 % 684.35 1.74 10.13% 148.84 833.20 3.46% 2003 193.60 2.54% 701.75 1.77 1.72% 151.41 853.16 2.40% 2004 194.70 0.57°l0 705.74 1.77 0.00°fo 151.41 857.15 0.47% 2005 199.30 2.36% 722.41 1.77 0.00% 151.41 873.82 1.94% 2006 204.90 2.81 % 742.71 1.84 3.95% 157.39 900.10 3.01 % 2007 21120 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°l0 2009 218.58 0.31 % 79229 2.45 19.51 % 207.17 999.46 3.80% After Reset of Water Rates b DSRSD in 2009~'~ 2009 218.58 0.31 % 792.29 2.77 207.17 999.46 2010 . 223.82 2.398% 811.29 2.94 6:14% 219.88 1,031.17 3.1729% 2011 231.60 3.476% 827.51 3.00 2.04% 224.37 1,063.86 3.1696% (1) water Kate structure was reset in zo~y to water 5hortage 5tage Kates. (2) Tier 1 rates are for Stage 1 Water Shortage Rates effective January 2011, as provided by Dublin San Ramon Services District: tiY/illdan Fi~zancial Seruice,r Page 10 ~ g ~ I~ Ciry of Dublin Landscape 11~1aintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2011/2012 The percentage difference for the Index from April 2010 to April 2011 was 3.476%. The actual increase in utility cost of water from April 2010 to April 2011 was 2.04%. Therefore, the maximum assessment rate allowed per acre for Fiscal Year 2011/2012 has been adjusted by 3.476% for the annual budget, and 2.04% for the utilities, from $1,031.17 to $1,063.86 for a combined change of 3.1696%. However, the assessment per acre for the current fiscal year is proposed to be $688.98, an increase of $32.80 (5.00%) over the applied rate of $656.18 from prior 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 foc maintenance of landscape and irrigation systems within the District. Utilities Electricity - The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within ,the District. Miscellaneous Expenses - Costs that cannot easily be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: District Administration, Consulting - The costs of contracting with professionals to provide services specific to the levy administration, including preparation of the Engineer's Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or 4 T~illdun Finaiacial Seruicer Page 11 Ci of LTublin I I~ n' Landscape l~Iaintenance Assessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2Q11/2012 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 #o 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. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District, accounts to pay for operational expenses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. - Capital Improvement Fund Collection/(Transfer) - The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the coltection 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 Willdan Financial Seruice.r Page 12 . g7 [ IS Ciry of Dubhn Landscape Maintenance Assessment District 1997-1 Engineer's Arinual Levy Repoxt Fiscal Year 2011/2012 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 directty impacts the Reserve Fund Balances either positively or negatively. . Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the imp.rovements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current fiscal year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current fiscal year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues. Delinquency Contingency - This is the estimated amount designated for delinquent property tax payments that the County is unable to collect in Fiscal Year 2011/2012. Other Revenue/(Contributions) - This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non- District or District sources including City General Fund Contributions and/or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid. , tY/illdan Financial Seruice.r Page 13 ~~ IIS ~ City of Dublin~ Landscape Maintenance ~~ssessment District 1997-1 Engineer's Annual Levy Report Fiscal Year 2011 /2012 Balance to Levy - This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. Total Parcels - The total number of parcels within the District including exempt parcels. Total Parcels Levied - The total number of parcels within the District that will receive the special benefits during the current fiscal year. Total Developed Acreage - The total developed acres within the District applied to the parcels described above. Applied Levy per Acre - This amount represents the rate being applied to each parcel's developed acreage factor. The Applied Levy per Acre is the result of dividing the Applied Charge by the Total Developed Acreage of the District for the fiscal year. Maximum Levy per Acre (Prior Fiscal Year) - This is the maximum rate per acre allowable to assess property owners in Fiscal Year 2010/2011, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Maximum Levy per Acre (Current Fiscal Year) - This is the maximum rate ~ per acre allowable to assess property owners in Fiscal Year 2011/2012 within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Inflationary Factor =The maximum assessment amount allowed for each fiscal year shall be increased in an amount equal to the annual percentage increase of the Local Consumer Price Index for "All Urban Wage Earners and Clerical Workers" for the San Francisco-Oakland-San Jose Area, plus any additional increase in the utility cost of water and electricity. The annual increase will be determined by the percentage d.ifference between the Index for April of the current fiscal year and the Index for the previous April. Willdan Financzal Seruice.r ~ Page 1~4 . - _ i .~ c~ of~u~ I ty Landscape Maintenance AssessmentDistrict 1997-1 Engineer's Annual Levy Report Fiscal Year 2011/2012 B. District Budget 2011/12 Budget Worksheet ' Landscape Maintenance District No. 1997-1 Fund Number 2704 Maintenance - Tree $26,600.00 Maintenance - Landscape 188,530.00 Utilities Water 86,040.00 Utilities Electriciry 4A0.00 Miscellaneous Expenses 0.00 Sub-Total Direct Costs $301,610.00 TOTAL DIREGT $301,610.00 District Administration $2,910.00 Public Works Administration $2,940.00 County per Pa~cel Fee $4,872.91 TOTAL ADMIN $10,722.91 TOTAL DIRECT AND ADMIN COSTS $312,332.91 Reserve Collection/(Transfer) (31,424.00) Capital Improvement Fund Collection/(Transfer) D.00 General Fund Loans RepaymenU(Advances) 0.00 Deliquency Contingency 5,732.83 Other Revenues/General Fund (Contributions) 0.00 TOTAL ADJUSTMENTS ($25,691.17) Balence to Levy (Budgeted) $286,647.74 Total Revenue at Maximum Rate $442,609.53 Variance above/(befow) Maximum Revenue ($755,967.81) Applied Charge 286,641.72 Total Parcels 977 Total Parcels Levied 975 Total Developed Acreage 416.04 Prapased Levy per Acre $688:97 Applied Levy per Acre $688.98 Braokside $42.44 Commercial/Industrial - , $688.98 Creekside $97.96 Kaufman & Broad ~ $131.36 Pulte $164.82 R A (North) $85.78 R A (South) $94.40 Tract 7084 SFR ` $103.76 Tract 7149 Condos $40.72 Tract 7149 MFR $78.12 Maximum Levy per Acre (Prior Fiscal Year) $1,031.17 Maximum Levy per Acre (Current Fiscal Yearj 1,063.85 Inflationary Factor Applied to Maximum Rate 3.1696% Beginning Reserve Fund Balance $191,850.00 Reserve Fund Adjustments _ (31,424.00) Prior/ Penalties/Public Damage 2,470.00 Interest 2,377.00 Anticipated Reserve Balance $165,273.00 Willdan Financial Serr~ice.r Page 15 ~ i of Dub1~n ~ ~~ Cry Landscape i~taintenance Assessment District 1997-1 Engineer's Annual Levy Report FiscalYeax 2011/2012 , v. /~1~~~~~~~ A - ~~.~T~O~.-T 8~~~~A~~ ~~~ 1d'/illdan Finuncial Seruice.r Page 16 . ~`I b ~. Ci of Dublin ~ ~ n' Landscape Maintenance Assessment.District 1997-1 Engineex's Annual Levy Repoxt Fiscal Year 3011 /2012 VI. APPEIVD6X ~- 2011/2012 i4SSES~I~IENT ROLL Parcel identification, for each lot .or parcel within the District, shall be the parcel as shown on the Alameda County Assessor's map for the year in~ which this Report is prepared. A listing of parcels assessed within this District, along with the designated subdivisions and assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected~parcel number and/or. new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied ,and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. , Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights- of-ways; common areas; landlocked parcels,. small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. Willdan Financial Seruice.r ~ Page 11 ~ ~ ~ i~~ RESOLUTION NO. XX - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***********~ APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) WHEREAS, by its Resolution No. 16-11, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 1997- 1(the "District"), this Council designated the Public Works Engineer as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 21, 2011, at 5:30 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, Cafifornia, was .appointed as the time and place for a hearing by th'e Council on the question of the levy of the proposed assessment, notice of which hearing was mailed, published and posted in accordance with Government Code Secfion 54954.6; and WHEREAS, at the appointed time and place, said hearings were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) . The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. ~ATTACHMENT to ~ . . ~3~~ is PASSED, APPROVED AND ADOPTED this 21 St day of June, 2011, by the following vote: AYES: N.OES: ABSENT: ABSTAIN: ATTEST: City Cleck Mayor ATTACHMENT 10 19 ~~. : _ ~ : ~~~ l~~ ~ < <s ENGINEER'S REPORT AFFIDAVIT Street Lighting Maintenance Assessment District No. 1999-1 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 2011 /2012 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 Z l ~ day of J t~vt,~ , 2011. Willdan Financial Services Assessment Engineer On Behalf of the City of Dublin ~ ~ By: Gary Huisingh Public Works Director City of Dublin ~~ i i~ 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 .......................................................................... ..6 A. BACKGROUND ....................................:........................................................................ ..6 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 ITEMS .................................................................................. .1 O B. DISTRICT BUDGET .................................... .......... ................................................. .14 V. APPENDIX A- DISTRICT BOUNDARY MAPS ..................................................... 15 VI. APPENDIX B- 2011/2012 ASSESSMENT ROLL .........................................:....... 17 ~' [ I~ City of Dublin Street Lighting 11~Iaintenance i~ssessment District 1999-1 Engineer's Annual Levy Report Fiscal Year 2011/2012 I. OVERVIEW A. Introduction The City of Dublin ("City") annually levies and collects special assessments in order to maintain the improvements within the Street Lighting Maintenance. Assessment District No. 1999-1 ("District"). The District was originally formed in 1999 and is annually levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways 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 2011/2012. The proposed assessments are based on the historic and estimated costs to maintain the improvements that provide a special benefit to properties within the District. The costs of improvements and the annual levy including all expenditures, deficits, surpluses, revenues, and reserves are assessed to each parcel within the District proportionate to the parcel's special benefits. For the purposes of this Report, the word "parcel" refers to an individual property assigned its own Assessment Number by the County of Alameda Assessor's Office, The County of Alameda Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll. Pursuant to Chapter 3, beginning with Section 22620 of the 1972 Act, the City Council shall conduct a noticed annual public. hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Engineer's Annual Levy Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following_ final approval of the Report and confirmation of the assessments contained therein, the City Councit will by resolution: order the improvements to be made and confirm.the levy and collection of assessments pursuant to Chapter 4, Article 1, beginning with Section 22640 of the 1972 Act. The assessment rate and method of apportionment described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2011/2012. Willdan Finaneial Seruices ~ Page 1 ~ i ~5 c~r~ of Dub~ Street Lighting 1~Iaintenance ~ssessment District 1999-1 Engineex's t1 nnual Levy Repoxt Fiscal Year 2011 /2012 The assessments as approved will be submitted to the County Auditor/Controller to be included on the 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 parcefs shall be based on the method of apportionment and assessment rate contained in this Report as approved by the City Council. B. Applicable Legislation The District has been formed and is annually levied pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, beginning with Section 22500. The assessments and methods of . apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received. Compliance with the Cafifornia Constitution All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and shall be in compliance with the provisions of the California Constitution Article XIIID ("Article XIIID"). On November 5, 1996, California voters approved the Right to Vote on Taxes Act (Proposition 218) by a margin of 56.5% to 43.5%. The provisions of Proposition 218 became amendments to the California Constitutional Articles XIIIC and XIIID, can be summarized in four general areas: . 1) Strengthens the general and special tax provisions of Proposition 13 and Proposition 62. 2) Extends the initiative process to all local taxes, assessments, fees, and charges. 3) Adds substantive and procedural requirements to assessments. 4) Adds substantive and procedural requirements to property-related fees and charges. IYlilldan Financial Seruices Page 2 ~ ~q r 6 l~ ~ 4~ City of Dublu~ Street Lighting Maintenance Assessment District 1999-1 Engineex's r~nnual Levy Repoxt Fiscal Year 2011/2012 The assessments contained in this report were 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 maximum assessment rates previously approved and adopted for the District. Any proposed assessment that exceeds the adjusted maximum assessment rate is considered an increased assessmen#. 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 property owner protest proceeding. Provisions of the 1972 Act (Improvements and Services) The Method of Apportionment described for the District Report utilizes commonly accepted assessment-engineering practices and have been established pursuant to the 1972 Act and the provisions of the California Constitution Article XIIID. As generally. defined by the 1972 Act, . the improvements and the associated assessments for each District may include one or any combination of the following: 1) The installation or planting of landscaping. 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities. 3) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals. 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical. facilities. - 5) The installation of park or recreational improvements including, but not limited to the following: a. Land preparation, such as grading, leveling, cutting and filling, sod, laridscaping, 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: lY/illrlan Financial Seruice.r Page 3 Ciry of ~ublin ` ~ ~ Street Lighting Maintenance Assessment Distsict 1999-1 Engineer's Annual Levy Report Fiscal Year 2011 /2012 a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 7) The acquisition of land for park, recreational or open-space purposes, or the acquisition of any existing improvement otherwise authorized by the Act.. 8) Incidental expenses associated with the improvements including, but not limited to: a. The cost of preparation of . the report, including plans, specifications, estimates, diagram, and assessment; b. The costs of printing, advertising, and the publishing, posting and mailing of notices; c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; e. Any other expenses incidental fo the construction, installation, or maintenance and servicing of the improvements; and, f. Costs associated with any elections held for the approval of' a new or increased assessment. IB. DESCRIPTI09V OF THE DISTRICT AND INIPROVEIVIEBVTS A. District The District was established to fund the electric energy, maintenance, and repair costs associated with the decorative 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 Willdan Finani•iul Seruicer Page 4 ~a i~. City of Dublin ~ Srseet Lighting Niaintenance Assessment Distsict 1999-1 Engineex's rlnnual Levy Report Fiscal Year 2011 /2012 western hills. A special light fixture has been created as a community 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 200:1. 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. 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. 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 increase. 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 conveniently 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 painting 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 $102,504.96 is projected to be retained at the end of Fiscal Year 2011-2012. 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. [Yjilldmz Financia! Seruice.r Page 5 ~~ ~~~ i~~ Ciry of Dublin Street. Lighting Mairitenance ~ssessment District 1999-1 Engineer's <~nnual Levy Report Fiscal Yeax 2011/2012 198. IlnETFIOD OF ~-PPORTIOfVIVIEIVT 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 ta each parcel. B. Benefit Analysis Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the California Constitution. All the assessed parcels receive direct and special benefits from the improvements and activities to be funded through the District assessments. The improvements include alf necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactory 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 lighting and well- maintained landscaping in close proximity to those properties. The special benefits of street lighting 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 protection. iY/illdasr Fitaancial Seruicer Page 6 . ~~3~ Il~ Citv of Dubhn Street Lighting Nlaintenance Assessment District 1999-1 Engineer's ~~nnual Levy Report Fiscal Year 2011 /2012 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 property. 6) Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the aesthetic value and desirability •: of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly effect the properties within the District. Although the improvements include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it 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 Each parcel is assigned a factor rate known as an Equivalent Dwelling Unit (EDU) to identify the parcel's proportionate special benefit from the improvements. Each parcel's EDU is calculated based on the parcel's land use. All single-family residential properties are assigned an EDU of 1.00, and all other property types are assigned an EDU proportionate to the special benefits they receive as compared to this single-family residential property. The total EDUs is divided into the total amount to be assessed (Balance to Willdan Financial Seruicer Page 7 - I~ ~ 115 . Ciry of Dub n Sireet Lighting Maintenance Assessment District 1999-1 Engineex's Annual Levy Report Fiscal Yeax 2011 /2012 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 8alance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount The formula used reflects the composition of the parcels and properties, and the services provided, to accurately proportion the costs based on estimated special benefit to each parcel. D. Land Use Classifications Every parcel within the District is assigned a land use classification based on available parcel information obtained from the Alameda County Assessor's Office and City records. To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit method of assessment apportionment uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Dwelling Unit (EDU). Every other land use is converted to EDU's based on an assessment formula that equates the property's specific development status, type of development (land use), and size of the property, as compared to a single-family home site. 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 improved commercial 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 car washes, commercial garages, automotive dealerships, parking lots, funeral homes, nursing or boarding homes, Willdan Finaiscial Seruices _ Page 8 l~ fl5 Ciry of Dublui Street Lighting 1~Iaintenance r~ssessment District 1999-1 Engineer's Annual Levy Report ' Fiscal Year 2011 /2012 hospitals, hotelslmotels, 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 comme~cial. Common Open Space 8~ Other Exempt Property - This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. This land use classification may include, but is not limited to, lots or parcels identified as exempt public agencies, and property leased or owned by public utilities. The following table shows the EDU factors for each property type 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 improvements increases siightly 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 property owners approved the assessment adjustment formula described within this Report. The maximum 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 discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In fhe event that the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the Willdan Financial Seruice,r ~ Paae 9 I/~ ~ I~ Ciry of'Dublin Street Lighting l~laintenance Assessment District 1999-1 Engineer's Annual Levy Report Fiscal Year 2011 j2012 assessment without applying the adjustment formula to the amount levied. !f the budget and assessments for a district require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District. The percentage difference of the Index for April 2010 to April 2011 was 3.476°to. 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 maximum assessment rates allowed for Fiscal Year 2011/2012 have been adjusted from $45.37 to $46.95. However, the assessment rate for Fiscal Year 2011/2012 is proposed to be $38.90, an increase of $0.00 (0.00%) over the prior year assessment rate. 1V. DISTRICT ~UDt~ET 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 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 easify be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: , Willdan Financial Seruice.r - Page ~10 . c ~~ IIS Ciry of Dublui Stseet Lighting Maintenance Assessment Distsict 1999-1 Engineex's Annual Levy Report Fiscal Year 2011 /2012 District Administration, Consulting - The costs of contracting w'ith 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. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance~to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) - The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of.the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital lmprovement 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. Willdan Financial Service.c Page 11 Ci of D~lin ~ I ~ ~' Street Lighting Maintenance Assessment District 1999-1 Engineer's Annual Levy Report Fiscal Year 2011 /2012 General Fund Loans Repaymentl(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 directfy impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures ~incurred in prior years ar~d Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongbing 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 speciat services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficienf 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 Fiscal Year 2011/2012. Other Revenue/General Fund (Contributions) - This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non-District or District sources including City General Fund Contributions and/or interest earnings. Any funds indicated on this line will be illdan Financial Seruices Pa~ge 12 c~~ ofD Street Lighting Maintenance Assessment District 1999-1 Engineer's ~nnual Levy Report Fiscal Yeax 2011/2012 shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid. Balance to Levy - This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. Total Parcels Levied - The total number of par.cels 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. Levy per EDU - This amount represents the rate being applied to each parcel's individual EDU factor. The Levy per EDU is the result of dividing the "Special Assessment to Levy" by the Total EDUs of the: District for the fiscal year. Maximum Levy per EDU - 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. Inflationary Factor - Annual percentage increase in the San Francisco- Oakland-San Jose Area Consumer Price Index for "All Urban Wage Earners and Clerical Workers," applies to all cost except water and electricity, plus any additional increase in the utility cost of water and electricity. Each fiscal year the City shall identify the change in the Index for April to April of the preceding year. ~~ i i~ ubhn Wzlldan Financial Seruicer Pa,ge 13 ~ ~ . ~ IfD~ 11~ Ciry of Dublin Street Lighting Nlaintenance Assessment Distsict 1999-1 Engineer's ~nnual Levy Report Fiscal Year 2011 /2012 B. District Budget 2011/12 Budget Worksheet Street Lighting Maintenance Assessment District No. 99-1. Fund Number 2705 Maintenance $3,000.00 Contract with Alameda Counfy 24,650.00 California Street Light Association 390.00 Utitities Electricity 106,240.00 Miscellaneous F~cpenses 0.00 Sub-Total Direct Costs $734,280.00 TOTAL DIRECT $134,280.00 District Administration $3,910.00 Public Works P,dministration $2,229.00 County per Parcel Fee 3,485.17 TOTAL ADMIN $9,624.77 TOTAL DIRECT AND ADMIN COSTS $143,904.17 Reserve Collection/(Transfer) 59,055.65 Capital Improvement Fund Collection/(Transfer) 0.00 General Fund Loans RepaymenU(Advances) 0.00 Delinquency Contingency 2,050.10 Other Revenues/General Fund (Contributions) 0.00 TOTAL ADJUSTMENTS $61,105.75 Balance to Levy (Budgeted) $205,009.92 Total Revenue at Maximum Rate $247,419.58 Variance above/(below) Maximum Revenue $42,409.66 Applied Charge 205,009.92 Total Parcels 3,863 Total Parcels Levied 3,774 Total Equivalent Benefit Units 5,270.18 Proposed Levy per Benefit Unit $38.90 Applied Levy per Benefit Unit $38.90 Maximum Levy per Benefii Unit (Pnor Fiscal Year) $45.37 Maximum Levy per Benefit Unit (Current Fiscal Year) $46.95 Inflationary Factor Applied to Maximum Rate 3.476 % Beginning Reserve Fund Balance $85,355.00 Reserve Funtl Adjustments 59,055.65 Transfer From/(to) the CIF (52,264.69) Prior/ Penalties/ Public Damage 5;450.00 Interest 4,909.00 Anticipated Reserve Balance $102,5U4.96 Beginning CIF Balance $206,704.00 CIF Adjustments 0.00 CiF - Pole Painting -39,595.00 Transfer From/(to) the Reserve Fund 52,264.69 Anticipated CIF Balance $219,373.69 Willdan Financial Seruicer Page 14 fl~~ 115 Ciry of Dublui ~ Street Lighting ~Iaintenance 1~ssessment District 1999-1 Engineex's ~nnual Levy Report Fiscal Yeax 2011/2012 V. I~PPEI~DIX A- DISTRtCT B~ID~D~4RY f~APS ~ 9g"~ ~ p ~~{ CBmp Perks RFTA . ~ City flf: Du4Ein ~ Giry o~. DubEin. Sphere af InNraence / ~~ ,, ~~ ~ ~a - , Willdan Financial Seruicer ~ Page 15 i~ ~~~ Ciry of Dublin Street Lighting Maintenance Assessment District 1999-1 Engineex's Annual Levy Report Fiseal Yeax 2011 f 2012 IYlilldan Financial Seruice.r ~ Page ~16 ciry o£Dub Street Lighting 1~Iaintenance Assessment District 1999-1 Engineer's ~nnual Levy Report Fiscal Ye~ 2011 /2012 VI. APPENDIX B- 2011/2012 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 idenfiified 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 v.acated by the County, bifurcated lots, and any other property that can not be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. i~3 i ~5 lin 1Ylilldan Financial Seruice.c , Page 1? ll I f 5 RESOLUTION NO. XX - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** l~ ~ APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1999-1 , (DUBLIN RANCH AND TRACT 7067) ~ WHEREAS, by its Resolution No. 17-11, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 99-1 (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 report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 21, 2011, at 5:30 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was mailed, published and posted in accordance with Government Code Section 54954.6; and WHEREAS, at the appointed time and place, said hearings were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. ATTACHMENT ~2 ~ ~5~ ~i St 5 PASSED, APPROVED AND ADOPTED this 21 day of June, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ' ATTACHMENT 12