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HomeMy WebLinkAbout4.13 Eng Rpt Five Assmt Dist STAFF REPORT CITY CLERK File #360-20/360-30 CITY COUNCIL DATE:June 5, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: 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 Area); Street Lighting Maintenance Assessment District No. 1999-1 (Dublin Ranch and Tract 7067) Prepared by Steven Yee, Public Works Manager EXECUTIVE SUMMARY: This action requests approval of the Preliminary Engineer’s Report for the 2012-13 assessment and sets a public hearing date of June 19, 2012. 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 Assessment 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 the interior slopes of the Dublin 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. This will be monitored during the coming year and a budget adjustment may be recommended after the closing of the current year. SUMMARY PRELIMINARY ASSESSMENT DISTRICT 2012/2013 REVENUE & EXPENDITURES Citywide Stagecoach Rd Dougherty Rd Santa Rita East Dublin (St Light) 83-1 Landscape 83-2 Landscape 86-1 Landscape 97-1 (St Light) 99-1 PROJECTED REVENUE $ 276,223 $ 77,334 $ 112,957 $ 293,787 $ 233,403 FISCAL YEAR 2012/13 ESTIMATED EXPENDITURES $ 318,787 $ 77,334 $ 123,557 $ 313,769 $ 166,748 FISCAL YEAR 2012/13 (Use) of AD Reserves ( $42,564) ( $ 0) ( $ 10,600) ( $ 19,982) $ 66,655 ITEM NO. 4.13 Page 1 of 7 RECOMMENDATION: Staff recommends that the City Council adopt resolutions approving the Preliminary Engineer’s Reports and setting a public hearing date and time (June 19, 2012, 7:00 p.m. in the City Council Chambers, located at 100 Civic Plaza, Dublin) for the purpose of hearing any comments to the proposed Fiscal Year 2012-2013 assessments 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) Submitted By Submitted By Reviewed By Public Works Director Administrative Services Assistant City Manager Director DESCRIPTION: 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 2012-2013 and set a public hearing date for each assessment district on June 19, 2012 in the City Council Chambers, located at 100 Civic Plaza, Dublin. Citywide Street Lighting 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 (Clifden 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, including a decrease that was possible due to the City assuming ownership of the street lights. The maximum assessment allowed under the authorizing documents is $19.34 per unit. This amount has been levied since Fiscal Year 2007-2008. There is no provision in the formation documents to increase the per unit levy. As noted in the Preliminary Engineer’s Report (Attachment 2) any increase would require the approval of the property owners subject to the assessment. Therefore the proposed assessment amount for Fiscal Year 2012-2013 remains the same as Fiscal Year 2011-2012 as shown below. City Street Lighting Assessments (District 1983-1) Current Fiscal Proposed Fiscal Annual Property TypeYear 2011-2012 Year 2012-2013 Change ($) Equivalent Dwelling Unit (EDU) $ 19.34 $ 19.34 No Change Commercial Per Acre $106.37 per acre $106.37 per acre No Change Page 2 of 7 As noted in the Engineer’s Report (Attachment 2), an operating reserve of approximately $97,823 is projected to remain at the end of Fiscal Year 2012-2013. This reserve is commensurate with the amount allowed by State Law (Proposition 218), which permits a reserve of up to 50% of the operating cost for the District. It is recommended that this type of reserve be retained for potential unplanned expenditures such as major repairs and/or for replacement of poles in future years. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff is proposing that the City Council adopt the resolutions approving the Preliminary Engineer’s Report for the Citywide Street Lighting Maintenance Assessment District No. 1983-1 (Attachment 3) and appointing the time and date for hearing comments on the proposed assessment (Attachment 4). Landscaping and Lighting 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 slope landscaping within Tract 4719. The spread of assessments assigns 61.6% of the total assessment to the single-family homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. In addition to on-going maintenance and utility costs, the Preliminary Budget for Fiscal Year 2012-2013 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 masonry 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 cost of utilities may increase based on the actual cost of the utilities. These factors are updated in the Engineer’s Report on an annual basis. The maximum assessment in the Engineer’s Report for Fiscal Year 2012-2013 adjusted by the approved adjustment formula is $363.01 per single family residence and $61.38 per Multi-Family residence. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. Although the assessment for FY2013 is proposed to increase by 5.7% it remains below the maximum levy allowed. The following displays the current and proposed assessment: Stagecoach Road Assessments (District 1983-2) Current Fiscal Proposed Fiscal Annual Property Type Year 2011-2012 Year 2012-2013 Change ($) Dublin Hills Estates – Single Family Homes $300.62 $ 317.64 $17.00 Amador Lakes – Apt / Condominiums $ 50.82 $ 53.69 $ 2.88 The estimated June 30, 2013 reserve for this District is projected to be $31,838. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff will be scheduling a neighborhood meeting for property owners prior to the public hearing date for this District. Page 3 of 7 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). Landscaping and Lighting Maintenance Assessment District No. 1986-1 (Villages at Willow Creek) The District was formed with the initial assessment in the 1987-1988 tax year. The District encompasses the Villages 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 family development (Ridgecreek). The work performed by this District 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 developments is the responsibility of the homeowners' association or property owner for those individual developments. The landscaping along and within the Alamo Creek channel area is not included in the assessment district as it is the responsibility of Alameda County Flood Control, Zone 7. In Fiscal Year 2012-2013, 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. The assessment methodology approved in 2001 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 cost of utilities may increase based on the actual cost of the utilities. These factors are updated in the Engineer’s Report on an annual basis. The maximum assessment in the Engineer’s Report for Fiscal Year 2012-2013 adjusted by the approved adjustment formula is $178.40 per single family residence, $89.20 per Multi-Family residence, and $713.60 for the commercial parcel. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. Although the assessment for FY2013 is proposed to increase by 7.5% it remains below the maximum levy allowed. The following displays the current and proposed assessment: Villages At Willow Creek Assessments (District 1986-1) Current Fiscal Proposed Fiscal Annual Property TypeYear 2011-2012 Year 2012-2013 Change ($) Single Family Homes $ 161.28 $ 173.38 $12.10 Apartments / Condominiums $ 80.64 $ 86.69 $ 6.05 Commercial $645.12 $693.52 $48.40 The estimated June 30, 2013 reserve for this District is projected to be $62,750. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Page 4 of 7 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 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). Landscaping and Lighting Maintenance Assessment District No. 1997-1 (Santa Rita Area) This assessment district was formed in 1996 at the request of the Alameda County Surplus 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 Interstate 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 maintenance of the trail and landscaping along the Tassajara Creek channel. The median landscape maintenance is not included in this District. For Fiscal Year 2012-2013, 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 bark 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 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 basis. The maximum per acre in the Engineer’s Report for Fiscal Year 2012-2013 adjusted by the approved adjustment formula is $1,081.81 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 2012-2013 activities equates to $706.15 per acre. This assessment is an increase of $17.17 per acre or 2.5% more than the prior year’s assessment. The density of the various housing units differ the allocation on a per acre basis and result in different assessments as shown below: Santa Rita Area Assessments (District 1997-1) Current Fiscal Proposed Fiscal Annual Property TypeYear 2011-2012 Year 2012-2013 Change ($) California Creekside single-family $ 97.96 $100.40 per lot $ 2.44 California Brookside multi-family $ 42.44 $43.50 per lot $ 1.06 SummerGlen – Richmond American (north) Single Family $ 85.78 $87.92 per lot $ 2.14 SummerGlen – Richmond American (south) $ 94.40 $96.75per lot $ 2.35 SummerGlen – Kaufman & Broad $131.36 $134.64 per lot $ 3.28 SummerGlen – Pulte $164.83 $168.94 per lot $ 4.11 Page 5 of 7 Dublin Greene Tract 7084 single-family $103.76 $ 2.60 $106.36 per lot Dublin Greene Tract 7149 multi-family $ 78.12 $ 1.96 $80.08 per unit Dublin Greene Tract 7149 condominium/apartment $ 40.72 $41.74 per unit $ 1.02 Commercial (including retail, office, $ 688.98 $ 706.15 $ 17.17 and industrial uses, as well as Per Acre Per Acre Per Acre apartment properties) The estimated June 30, 2013 reserve for this District is projected to be $209,528. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff will be mailing out a newsletter and scheduling a neighborhood meeting prior to the public hearing date. Staff is proposing that the City Council adopt the resolutions 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 Lighting Maintenance Assessment District No. 1999-1 (Dublin Ranch and Tract 7067) Assessment District 99-1 was formed in 1999 at the request 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. On December 6, 2011 the City Council adopted Resolution 206-11 which annexed Tract 8024 Jordan Ranch into this District. 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 portion of the inventory is included as a capital improvement project in Fiscal Year 2012-2013. The cost of this project is $29,428 and will be funded from assessment district reserves. The assessment methodology in the original Engineer’s Report for this District includes an escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and the utility cost increases. The cost of utilities may increase based on the actual cost of the utilities. These factors are updated in the Engineer’s Report on an annual basis. The maximum assessment in the Engineer’s Report for Fiscal Year 2012-2013 adjusted by the approved adjustment formula is $47.01 per single family residence and $258.56 per acre for commercial parcels. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. No increase for the FY 2013 assessment is proposed. The following assessments remain constant from FY2012. Page 6 of 7 The Engineer’s Report (Attachment 14) notes that, although the Assessment District formula establishes a maximum cost that can be levied based on planned expenditures, the assessment required to fund Fiscal Year 2012-2013 expenditures remains unchanged. Eastern Dublin & Mountain Rise Place Street Lighting Assessments (District 1999-1) Current Fiscal Proposed Fiscal Annual Property TypeYear 2011-2012 Year 2012-2013 Change ($) Equivalent Dwelling Unit (EDU) $ 38.90 $ 38.90 No Change Commercial Per Acre $213.95 per acre $213.95 per acre No Change The estimated June 30, 2013, reserve for this District is projected to be $440,779, including the portion set aside for Capital Improvement Projects. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff is proposing that the City Council adopt the 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). NOTICING REQUIREMENTS/PUBLIC OUTREACH: Following the City Council's approval of the Preliminary Engineer’s Reports, a public hearing for each street lighting maintenance assessment district and landscaping and lighting maintenance assessment district will be scheduled as required. ATTACHMENTS: 1. 2012-2013 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 19, 2012, 7:00 p.m.) for AD 83-1 5. Preliminary Engineer's Report for AD 83-2 6. Resolution Approving Preliminary Engineer's Report for AD 83-2 7. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 19, 2012, 7:00 p.m.) for AD 83-2 8. Preliminary Engineer's Report for AD 86-1 9. Resolution Approving Preliminary Engineer's Report for AD 86-1 10. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 19, 2012, 7:00 p.m.) for AD 86-1 11. Preliminary Engineer's Report for AD 97-1 12. Resolution Approving Preliminary Engineer's Report for AD 97-1 13. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 19, 2012, 7:00 p.m.) for AD 97-1 14. Preliminary Engineer's Report for AD 99-1 15. Resolution Approving Preliminary Engineer's Report for AD 99-1 16. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 19, 2012, 7:00 p.m.) for AD 99-1 Page 7 of 7 ATTACHMENT 1 2012-2013 Preliminary Sources and Use of Assessment District Funds As Presented In The Preliminary Engineering Reports June 5, 2012 Citywide Stagecoach Dougherty Rd Santa Rita East Dublin (St Light) Rd Landscape Landscape Landscape (St Light) 83-1 83-2 86-1 97-1 99-1 Estimated Beginning 2 $134,728 $ 31,523 $ 71,581 $228,504 $201,685 Balance July 1, 2012 Pole Painting Reserve $198,579 REVENUE Total Amount Proposed to $276,223 $ 77,334 $112,957 $293,787 $233,403 be Assessed: Estimated Delinquency Cost: (2,762) - (525) (4,707) ( 2,050) Total Revenue $273,461 $ 77,334 $112,432 $289,080 $231,353 EXPENDITURES Contract Maintenance and $306,990 $ 72,800 $118,140 $303,430 $158,020 Utilities: Administration (transfer) and 7,247 3,194 3,467 5,259 5,208 Engineering: Estimated Collection Cost: 4,550 1,340 1,950 5,080 3,520 Contribution To Pole 45,184 1 Painting Reserve: Total Expenditures $318,787 $ 77,334 $123,557 $313,769 $211,932 Projected (Use) / ($ 45,326) - ($ 11,125) ($ 24,689) $ 19,421 Contribution To District 2 Reserves Estimated Prior Year Collections, Penalties, and 6,400 - 1,220 2,285 5,835 Public Damage 1 Reimbursement: Estimated Interest 2,021 315 1,074 3,428 3,025 1 Revenue: Projected Ending Balance 2 $ 97,823 $ 31,838 $ 62,750 $209,528 $232,016 June 30, 2012 Pole Painting Project (Cost ($ 35,000) Removed from Pole Painting Reserve): Pole Painting Reserve $208,763 1: Listed under Fund Balance Information in Engineer’s Report 2: Excluding Pole Painting Reserve Engineer's Report for Street Lighting Maintenance Assessment District No. 1983-1 Fiscal Year 2012-13 For the City of Dublin Alameda County, California May 29, 2012 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 Table of Contents 1 OVERVIEW .............................................................................. 1 1.1 INTRODUCTION .............................................................. 1 General Description of the District .............................................................. 1 Compliance with the California Constitution .................................................. 1 Summary of Proposed Assessment and Expenditures ................ 2 IMPROVEMENTS .................................................................... 3 3 BUDGET .................................................................................. 5 4 METHOD OF APPORTIONMENT ........................................... 10 4.1 GENERAL ...................................................................... 10 4.2 BENEFIT ANALYSIS ........................................................ 10 General Benefits................................................................... 10 Special Benefits .................................................................... 10 Non-Assessable Properties .................................................. 11 4.3 ASSESSMENT METHODOLOGY ..................................... 11 5 ASSESSMENT ROLL ............................................................... 14 i 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. DATED: May 29, 2012 BY: K. Dennis Klingelhofer Assessment Engineer R.C.E. No. 50255 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____ day of ________, 2012. City Clerk, City of Dublin County of Alameda, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was approved and confirmed by the City Council of the City of Dublin, California, on the ______ day of ___________, 2012. City Clerk, City of Dublin County of Alameda, California By: ii 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 1 OVERVIEW 1.1 INTRODUCTION w; /z·ä šE 5Ò,Œz“ ›{/z·ä|œ Œ;Ýz;­ “7 -šŒŒ;-·­ ­¦;-ial assessments on parcels within the City of Dublin Street Lighting Maintenance Assessment District Nou   ›{5z­·©z-·|œ ·š ’z“·z“ ·w; ¦Ò,Œz- ­·©;;· lighting improvements within those areas. The District was initially formed in 1983 to provide a dedicated source of funding for the ongoing maintenance of street lighting improvements within the boundaries of the District. 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 benef Council at the time the District was formed. General Description of the District The District was created in 1983 to replace the County of Alameda Lighting Service Area within the City of Dublin to fund the maintenance an7 ­;©Ýz-z“m -š­·­ Eš© ·w; /z·äx­ ­·©;;· Œzmw·z“m ­ä­·;’u L“ 1996, the City of Dublin acquired the PG&E-owned streetlights within the District in order to reduce maintenance costs. The District includes all parcels that were within the County of Alameda Lighting Service Area which includes all parcels within the City with the exception of Dublin Ranch; Tract 7067; the Clifton Parc development in the western hills; Tracts 8024,8073 and 8074; and the Jordan Ranch Development. A Diagram showing the exterior boundaries of the District is provided in this Report in Appendix A. Compliance with the California Constitution Assessments are levied annually within the District pursuant to Part 2 of Division 15 of the California Streets and Highways Code ›{  !-·|œu !ŒŒ ­­;­­’;“·­ described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Arti-Œ; –LLL5 ›{!©·z-Œ; –LLL5|œr which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a {!“ä ­­;­­’;“· z’¦š­;7 ;ã-ŒÒ­zÝ;Œä ·š Ez““-; ·w; -¦z·Œ -š­·­ and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approvŒ ¦©š-;­­ ­;· Eš©·w z“ {;-·zš“ u| The City has determined that the annual assessments originally e maintenance and operation of street lights within the public street rights-of-way. As such, pursuant to Article XIIID Section 5(a). Therefore, the pre-existing assessment amount has been exempt from the procedural requirements of Article XIIID Section 4 since the amo since the passage of Proposition 218. 1 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all of the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner. Summary of Proposed Assessment and Expenditures A summary of the assessments to be levied for each property type upon the estimated expenditures, the transfer which will be needed from the Fund Balance is also shown for fiscal year 2012-13, and as well as the projected fund balance as of June 30, 2013. As seen, the fund balance will be substantially depleted in the current year. This may require a significant reduction in service levels in future years so that expenditures will need to make a contribution to the District from other available funds, or increase in the current assessment rate. 2 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 2 IMPROVEMENTS The District provides for the continued installation, maintenance and servicing street lighting improvements within the public right-of-ways which provide special benefit to parcels and properties within the District. As generally defined in the 1972 Act, maintenance and servicing of the street lighting improvements may include one or any combination of the following: 1)The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals. 2)The installation or construction of any facilities which are app or which are necessary or convenient for the maintenance or serv not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or 3)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 improv b)Grading, clearing, removal of debris, the installation, repair o gutters, walls, sidewalks, or paving, or water, irrigation, drai c)The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. d)Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. 4)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 serv e)Any other expenses incidental to the construction, installation, servicing of the improvements; and, f)Costs associated with any elections held for the approval of a new or increased assessment. 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. 3 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. A portion of funds collected from the annual assessments of this District may also be set aside for funding future pole painting costs or other capital 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 funded from the annual assessment revenues. 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. 4 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 3 BUDGET All public streetlights and other eligible improvements within the District are maintained and serviced using assessment revenues on a regular basis. Since the assessment rate cannot increased be as the result of the passage of Proposition 218 in 1996, assessment revenues have not been sufficient to fund 100% of the annual operations and maintenance costs of street lighting in past years. As a result, the District has had to transfer funds from the Districtx­ Cғ7 .Œ“-; ·š Eғ7 ·w; ­wš©·EŒŒ z“ ­­;­­’;“· revenues. The table below shows the change in purchasing power since the passage of Proposition 218 based upon the annual change in the Consumer Price Index for the San Francisco Bay Area as published by the U.S. Department of Labor. Although the District has seen an increase in revenue as a result of new development , the increase in costs have increased much quic revenue as a result of growth. Inflation's Impact on Purchasing Power $1.20 $1.00 $0.80 $0.60 $0.40 $0.20 $- In an effort to reduce costs while still maintaining service levels, the District is examining a program to convert the current high pressure sodium streetlights to more efficient options in order to reduce energy consumption. The costs of the conversion will be finance addition future maintenance costs will also be reduced as a resu efficient streetlights. The proposed budget for the District is shown on the following p costs of utilities, operations, services, administration and maintenance associated with the improvements, including all labor, personnel, equipment, materials and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/ (transfer) that will be required from the fund balance based upon the estimated expenditures and assessment revenue. Projected budgets are also shown for the next 2 fiscal years. F 10% increase for the County contract, and 4% increase for electr As seen in the budget summary, a contribution will be required from the fund balance for Fiscal Year 2012-13. Based upon the projected costs for maintenance and servicing in future years, the transfer 5 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 from the fund balance is expected to decrease in future years as a result of the savings from the streetlight conversion. Once the loan for the conversion has been repaid for the conversion, annual costs will be further reduced. The budget will be updated in future years to reflect those savings. The following describes the services and costs shown in the budg DIRECT COSTS: Maintenance ‘ w; -š­· šE š“mšz“m ’z“·;““-; “7 ­;©Ýz-ing 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 /š“·©-· Þz·w !Œ’;7 /šÒ“·ä ‘ The cost of street light maintenance provided from the County of Alameda based on the current Fiscal Year contract. California Street Light Association ‘ w; -š­· šE {·©;;· [zmw· !­­š-z·zš“ 7Ò;­ ,­;7 š“ ©;Œ·zÝ; “Ò of lights within the District. Utilities Electricity ‘ The cost of street light electrical energy use, including miscel Miscellaneous Expenses ‘ /š­·­ ·w· -““š· ;­zŒä ,; -·;mš©zé;7 z“·š “ä šE ·w; š·w;© defined above. ADMINISTRATIVE COSTS: District Administration, Consulting ‘ w; -š­·­ šE -š“·©-·z“m Þz·w ¦©šE;­­zš“Œ­ ·š ¦©šÝz7; ­;©Ýz-; specific to the levy administration, including prepar·zš“ šE ·w; 9“mz“;;©x­ w;¦š©·r ©;­šŒÒ·zš“­r “7 Œ;Ýä 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 ‘ w; -š­· šE ­;©Ýz-;­ ¦©šÝz7;7 ·š 7’z“z­·;© ·w; 5z­·©z-· E©š’ Works department of the City of Dublin. County per Parcel Fee ‘ w; -š­· ·š ·w; 5z­·©z-· Eš© ·w; /šÒ“·ä ·š -šŒŒ;-· ­­;­­’;“·­ tax bills. 6 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 7 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 LEVY BREAKDOWN: Reserve Collection/(Transfer) ‘ w; Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balan 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) ‘ w; Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessme proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned 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 (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 -©;7z·;7 ,-‰ ·š ·w; 5z­·©z-·x­ ©;mҌ© --šÒ“·­u we 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) ‘ wz­ z·;’ ©;¦©;­;“·­ ©;¦ä’;“·­ šE ’šÒ“·­ ·w· w7 been temporarily advanced to the District from other revenue sou 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 operatio 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 Fu 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 8 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 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 revenue Delinquency Contingency ‘ wz­ z­ ·w; ;­·z’·;7 ’šÒ“· 7;­zm“·;7 Eš© 7;Œz“¨Ò;“· ¦©š¦;©· payments that the County is unable to collect in Fiscal Year 2011/2012. Other Revenue/General Fund (Contributions) ‘ wz­ z·;’ z“-ŒÒ7;­ 77z·zš“Œ Eғ7­ 7;­zm“·;7 Eš© ·w; 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 in 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 ‘ wz­ z­ ·w; ·š·Œ ’šÒ“· ·š ,; -šŒŒ;-·;7 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, C 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 ‘ w; ·š·Œ “Ò’,;© šE ¦©-;Œ­ Þz·wz“ ·we District that will receive the special benefits during the current Fiscal Year. Total EDUs ‘ w; ·š·Œ 9¨ÒzÝŒ;“· 5Þ;ŒŒz“m …“z·­ Þz·wz“ ·w; 5z­·©z-· ¦¦Œz; above. 9 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 4 METHOD OF APPORTIONMENT 4.1 GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further req improvements be levied according to benefit rather than assessed {w; “;· ’šÒ“· ·š ,; ­­;­­;7 Ò¦š“ Œ“7­ within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each ­Ò-w Œš· š© ¦©-;Œ E©š’ ·w; z’¦©šÝ;’;“·­u| The formula used for calculating assessments in the District the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4: {No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable and an agency shall separate the general benefits from the special benefits conferred on a ¦©-;Œu| 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the Cit have been proportionately spread to each parcel based on special improvements as determined at the time the District was establis Ð General Benefits In reviewing each of the District improvements, the proximity of improvements to both properties within the District and those ou 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 improv 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. Special Benefits “ w; ’;·wš7 šE ¦¦š©·zš“’;“· ›’;·wš7 šE ­­;­­’;“·œ ;­·,Œz­w;7 on the premise that each assessed parcel within the District rec improvements and the desirability and security of those properties is enhanced by the presence of 10 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 public lighting 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. 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 improveme 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 enhanc has been determined that the lack of funding to properly service improvements would have a negative impact on the properties within the Distr All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Non-Assessable Properties “ ‘z·wz“ ·w; ,šÒ“7©z;­ šE ·w; 5z­·©z-·r ·w;©; ©; ­;Ý;©Œ ·ä¦;­ that are considered to receive no special benefit from the Distr assessed. These parcels include: 1)Publicly owned parcels that are reserved as Public Open Space or are developed as City Parks for active recreation and are maintained and serviced by the Distric 2)Publicly owned wetland parcels; 3)Certain Public Utility parcels; 4)Privately owned open space parcels; and 5)Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcel, of which these "slive at the Residential Zone rate. 4.3 ASSESSMENT METHODOLOGY The special benefits received by each parcel within ·w; 5z­·©z-· “7 ;-w ¦©-;Œx­ ¦©š¦š©·zš“Œ ““ÒŒ assessment are calculated on the basis of a formula known as Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship betw the various parcels within the District and the improvements mai single family residential parcel is assigned 1.0 Equivalent Dwelling Unit (EDU) since it represents more than 73% of the total parcels within the District. 11 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 95…x­ ©; ­­zm“;7 ·š ·w; š·w;© Œ“7 Ò­;­ ,­;7 Ò¦š“ ·w; ¦©š¦;©·äx­ 7;Ý;Œš¦’;“· ­··Ò­r ·ä¦; šE development (County of Alameda land use code) and property size as shown in the table below. Parcels 7;·;©’z“;7 ·š ,; Ý-“· ÞzŒŒ ,; ­­;­­;7 ·  ©;7Ò-;7 ©·; šE  EDU factor by 0.5 (or 50%). Property Type EDU Factor1 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 {z“mŒ;C’zŒä w;­z7;“·zŒ ›{Cwœ “ (County land use 1x) This land use identifies properties that ar 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. /š“7š’z“zҒ …“z· “ (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. 5Ò¦Œ;ãr aҌ·zE’zŒä w;­z7;“·zŒ “ (County land use 22) This land use identifies properties that ar 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. ©z¦Œ;ãr aҌ·zE’zŒä w;­z7;“·zŒ “ (County land use 23) This land use identifies properties that ar 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 CšÒ©¦Œ;ãr aҌ·zE’zŒä w;­z7;“·zŒ “ (County land use 24) This land use identifies properties that ar developed for multifamily residential use and are assigned a factor of 4.00 EDU per parcel. This land use classification includes four living units; a fourplex, a triplex and a single-family home, or two doubles or duplexes. !¦©·’;“· /š’¦Œ;ãr aҌ·zE’zŒä w;­z7;“·zŒ “ (County land use 7x, except 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 12 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 parcels identified as vacant apartment land capable of supportin converted to 5 or more units, cooperatives, restricted income pr homes, multiple residential (5 or more units), and residential high-rise (7 or more units). /š’’;©-zŒ “ (County land use 3x, 8x, 9x) This land use identifies properties improved commercial use and are assigned a factor of 5.50 EDU pe 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. L“7Ò­·©zŒ “ (County land use 4x) This land use identifies properties that ar 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. L“­·z·Ò·zš“Œ “ (County land use 6x, except 65) This land use identifies properties that are developed for institutional use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as vacant land that is a necessary part of an institu šÞ“;7 ¦©š¦;©·är ŒšÞ z“-š’; wšÒ­z“m ›­;-Ò©;7 tuLux­ š“ly), golf courses, schools, churches, lodge-halls, clubhouses, and other institution properties. wÒ©Œ t©š¦;©·ä “ (County land use 5x) This land use identifies properties that ar and are assigned a factor of 0.50 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels 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 Williamson Act. 9ã;’¦· t©š¦;©·är /;’;·;©z;­ µ /š’’š“ h¦;“ {¦-; “ (County land use 0, 03-05, 65) This land use identifies properties that are exempt from assessment and are as 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. 13 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 5 ASSESSMENT ROLL The proposed assessment and the amount of the assessment apporti ­wšÞ“ š“ ·w; Œ·;­· ©šŒŒ · ·w; !­­;­­š©x­ hEEz-;r ©; shown in Appendix A. The description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will Auditor/Controller, and included on the property tax roll for each parcel shown in the assessment roll for fiscal year 2012-13. 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 C 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 /šÒ“·ä !­­;­­š©x­ ’¦­ Eš©  7;·zŒ;7 7;­-©z¦·zš“ šE the lines and dimensions of each lot and parcel of land within the District. 14 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 !tt9b5L– ! ‘ !{{9{{a9b 5L!Dw!a 15 9“mz“;;©x­ w;¦š©· aä r Street Lighting Maintenance District No. 1983-1 City of Dublin Fiscal Year 2012-13 !tt9b5L– . ‘ !{{9{{a9b w[[ 16 RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1 WHEREAS, by its Resolution No. 25-12, a Resolution Directing Preparation Report for City of Dublin Street Lighting Maintenance Assessment District No. 1983-1 (the "District"), this Council designated the Public Works Director a said Engineer to make and file a report in writing in accordance Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 25-12 and which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and finds that eac part of said report is sufficient and that said report neither r any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs acquisition of improvements and maintaining said improvements an expenses in connection therewith, as contained in said report be preliminarily approved and confirmed; b) That the diagram showing the assessment district, descriptio improvements to be acquired and maintained, and the boundaries a respective lots and parcels of land within said District, as con hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expe proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits parcels, respectively, from said acquisition and maintenance, an thereto, as contained in said report be, and they are hereby pre confirmed. PASSED, APPROVED AND ADOPTED this 5th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ ATTEST: Mayor _________________________________ City Clerk RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1 WHEREAS, by its Resolution No. 25-12, a resolution directing preparation report for City of Dublin Street Lighting Maintenance Assessment District (the "District"), this Council designated the Public Works Director as Engineer of Work and ordered that Engineer to make and file a report in writing in accordance with and purs Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 25-12, an which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and each and every thereof, and finds that each and every part of said report is su NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUAN TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its inte Levy of the Districts pursuant to the Act, over and including th boundaries, and to levy and collect assessments on all such land improvements. The City Council finds that the publicÓs best int collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original Di the City of Dublin, within the County of Alameda, State of Calif Section 3 Description of Improvements: The improvements within the Distri operation, maintenance, acquisition and servicing of street ligh within the boundaries of the District. Services provided includ operations, administration and maintenance required to keep the operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2012-2013, the p assessments are outlined in the EngineerÓs Report which details the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its inten Hearing annually concerning the levy of assessments for the Dist Chapter 3, Section 22626 of the Act. 1 Section 6 Notice: The City Clerk is hereby directed to give notice of sai owners in the District by causing the publishing of this Resolut newspaper published and circulated in the City, for two consecut (10) days before the date of the Public Hearing, and by posting official posting locations customarily used by the City Council interested person may file a written protest with the City Clerk Public Hearing, or, having previously filed a protest, may file A written protest shall state all grounds of objection and a pro contain a description sufficient to identify the property owned Public Hearing, all interested persons shall be afforded the opp Section 7 Notice of Public Hearing: Notice is hereby given that a Publi matters will be held by the City Council on Tuesday, June 19, 2012, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at Section 8 The City Clerk is hereby authorized and directed to give notic provided by law. PASSED, APPROVED, AND ADOPTED this 5th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk 2 Engineer's Report for Landscaping and Lighting District No. 1983-2 (Tract 4719) Fiscal Year 2012-13 For the City of Dublin Alameda County, California May 29, 2012 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  Table of Contents 1 OVERVIEW .............................................................................. 1 1.1 INTRODUCTION .............................................................. 1 General Description of the District .............................................................. 1 Compliance with the California Constitution .................................................. 1 Summary of Proposed Assessment and Expenditures ................ 2 IMPROVEMENTS .................................................................... 3 3 BUDGET .................................................................................. 5 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE ......................... 4 METHOD OF APPORTIONMENT ........................................... 11 4.1 GENERAL ...................................................................... 11 4.2 BENEFIT ANALYSIS ........................................................ 11 General Benefits................................................................... 11 Special Benefits .................................................................... 11 Non-Assessable Properties .................................................. 12 4.3 ASSESSMENT METHODOLOGY ..................................... 13 5 ASSESSMENT ROLL ............................................................... 14 i 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. DATED: May 29, 2012 BY: K. Dennis Klingelhofer Assessment Engineer R.C.E. No. 50255 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____ day of ________, 2012. City Clerk, City of Dublin County of Alameda, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was approved and confirmed by the City Council of the City of Dublin, California, on the ______ day of ___________, 2012. City Clerk, City of Dublin County of Alameda, California By: ii 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  1 OVERVIEW 1.1 INTRODUCTION w; /z·ä šE 5Ò,Œz“ ›{/z·ä|œ Œ;Ýz;­ “7 -šŒŒ;-·­ ­¦;-ial assessments on parcels within the City of Dublin {·©;;· [zmw·z“m az“·;““-; !­­;­­’;“· 5z­·©z-· bšu   ›{5z­ landscaping and irrigation improvements within the District. The assessments and methods of apportionment described in this R assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City C formed. General Description of the District The District was initially formed in 1983 to provide a dedicated source of funding for the on-going maintenance of street landscaping within Tract 4719. The Distri of Stagecoach Park and the landscaping within Stagecoach Road north of the City Limit, however those improvements are no longer funded by the District. Currently, the District includes only the 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. Compliance with the California Constitution Assessments are levied annually within the District pursuant to Part 2 of Division 15 of the California Streets and Highways Code ›{  !-·|œu !ŒŒ ­­;­­’;“·­ described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Arti-Œ; –LLL5 ›{!©·z-Œ; –LLL5|œr which was enacted with the passage of Proposition 218 in Novembe Pursuant to Article XIIID Section 5, certain existing assessments were exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically {!“ä ­­;­­’;“· z’¦š­;7 ;ã-ŒÒ­zÝ;Œä ·š Ez““-; ·w; -¦z·Œ -š­·­ and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approvŒ ¦©š-;­­ ­;· Eš©·w z“ {;-·zš“ u| The City has determined that the annual assessments originally e maintenance and operation of landscaping within the public street rights-of-way or public easements. 1 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  However, in 2003/2004, the City conducted a public hearing that included a mailed ballot to all of the property owners in this District proposing an increased assessment in order to maintain and replace certain landscaping improvements. In accordance with the requirements of Prop 218 the property owners approved a 10% increase in assessment rates, and the addition of an escalation clause for succeeding years that allows the maintenance cost to increase ac and the utility cost to increase according to the actual cost of utilities. Any future increase in the assessment rate in excess of the maxi changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner pursuant to the provisions of the California Constitution Article XIIID . Summary of Proposed Assessment and Expenditures A summary of the assessments to be levied for each property type are shown in the table below Property Type Assessment Basis Rate Single-Family Residential (SFR) $ 317.64 Parcel Multi-Family Residential (MFR) $ 53.69 Unit Exempt, Common Open Space, Public Land $ 0.00 Parcel 2 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  2 IMPROVEMENTS The District provides for the continued maintenance and servicing of the landscaping and irrigation improvements within the public right-of-way and public easement along Stagecoach Road between the limits of Amador Valley Boulevard and the northerly City Limit. In addition, the District also provides for the maintenance of the slopes, including landscaping and irrigation, within the public right-of-way for the slope areas along the rear of Lots 80 through 86, and 37 through 48 within Tract 4719. As generally defined in the 1972 Act, maintenance and servicing of the improvements may include one or any combination of the following: 1)The installation or planting of landscaping. The installation or fountains, and other ornamental structures and facilities. 2)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 cons sidewalks, or paving, or water, irrigation, drainage, or electri 3)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 improv b.Grading, clearing, removal of debris, the installation, repair o gutters, walls, sidewalks, or paving, or water, irrigation, drai c.Providing for the life, growth, health, and beauty of landscapin 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. 4)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 serv e.Any other expenses incidental to the construction, installation, servicing of the improvements; and, f.Costs associated with any elections held for the approval of a new or increased assessment. 3 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. Drawings showing the specific locations of the impršÝ;’;“·­ ©; š“ EzŒ; z“ ·w; /z·äx­ 9“mz“;;©z“m Department and are made a part of this report by reference. 4 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  3 BUDGET All landscape and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed budget for District is shown on the following page. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements, including all labor, personnel, equipment, materials and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/ (transfer) based upon the estimated expenditures and assessment revenue. Projected budgets are also shown for the next 2 fiscal years. For 14-15, the budget assumes a 15% increase for water, and 4% increase for electricity rates The following describes the services and costs shown in the budg DIRECT COSTS: Maintenance Tree ‘ w; -š­· šE z“­·ŒŒ·zš“ “7 ’z“·;““-e of trees and plantings along the street frontages within the District. az“·;““-; [“7­-¦; ‘ The cost of maintenance and repair of the landscaping and open s within the District. Utilities Water ‘ w; -š­· šE EÒ©“z­wz“m Þ·;© Eš© ’z“·;nance of landscape and irrigation systems within the District. Utilities Electricity ‘ The cost of electricity for maintenance of landscape, powering o systems, and entry lighting within the District. Miscellaneous Expenses ‘ /š­·­ ·w· -““š· ;­zŒä ,; -·;mš©zé;7 z“·š “ä šE ·w; š·w;© defined above. ADMINISTRATIVE COSTS: District Administration, Consulting ‘ w; -š­·­ šE -š“·©-·z“m Þz·w ¦©šE;­­zš“Œ­ ·š ¦©šÝz7; ­;©Ýz-; specific to the levy administration, including prepar·zš“ šE ·w; 9“mz“;;©x­ w;¦š©·r ©;­šŒÒ·zš“­r “7 Œ;Ýä 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 ‘ w; -š­· šE ­;©Ýz-;­ ¦©šÝz7;7 ·š 7’z“z­·;© ·w; 5z­·©z-· E©š’ Works department of the City of Dublin. County per Parcel Fee ‘ w; -š­· ·š ·w; 5z­·©z-· Eš© ·w; /šÒ“·ä ·š -šŒŒ;-· ­­;­­’;“·­ tax bills. 5 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  6 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  LEVY BREAKDOWN: Reserve Collection/(Transfer) ‘ w; Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balan 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) ‘ w; Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessme proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned 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 (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 -©;7z·;7 ,-‰ ·š ·w; 5z­·©z-·x­ ©;mҌ© --šÒ“·­u we 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) ‘ wz­ z·;’ ©;¦©;­;“·­ ©;¦ä’;“·­ šE ’šÒ“·­ ·w· w7 been temporarily advanced to the District from other revenue sou 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 operatio 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 Fu 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 7 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  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 revenue Other Revenue/General Fund (Contributions) ‘ wz­ z·;’ z“-ŒÒ7;­ 77z·zš“Œ Eғ7­ 7;­zm“·;7 Eš© ·w; 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 in 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 ‘ wz­ z­ ·w; ·š·Œ ’šÒ“· ·š ,; -šŒŒ;-·;7 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 ‘ w; ·š·Œ “Ò’,;© šE ¦©-;Œ­ Þz·wz“ ·w; 5z­·©z-· z“-ŒÒ7z“m ;ã;’ Total Parcels Levied ‘ w; ·š·Œ “Ò’,;© šE ¦©-;Œ­ Þz·wz“ ·we District that will receive the special benefits during the current Fiscal Year. Total EDUs ‘ w; ·š·Œ 9¨ÒzÝŒ;“· 5Þ;ŒŒz“m …“z·­ Þz·wz“ ·w; 5z­·©z-· ¦¦Œz; above. Balance to Levy for SFR ‘ w; ·š·Œ ­­;­­’;“· ·š ­z“mŒ;E’zŒä ¦©š¦;©·ä šÞ“;©­ z“ ·w; 5 Estates development. Balance to Levy for MFR ‘ w; ·š·Œ ­­;­­’;“· ·š ¦©š¦;©·ä šÞ“;©­ šE -š“7š’z“zҒ š© ¦© in the Amador Lakes Apartments development. Maximum Levy per SFR (Prior Fiscal Year) ‘ wz­ z­ ·w; ’ãz’Ò’ ©·; ŒŒšÞ,Œ; z“ Cz­-Œ —;©  to assess single-family property owners within the District. Maximum Levy per MFR (Prior Fiscal Year) ‘ wz­ z­ ·w; ’ãz’Ò’ ©·; ŒŒšÞ,Œ; z“ Cz­-Œ —;©  to assess property owners of a multifamily residential unit within the District. Maximum Levy per SFR (Current Fiscal Year) ‘ wz­ z­ ·w; ’ãz’Ò’ ©·; ŒŒšÞ,Œ; ¦;© {Cw ¦©-;Œ ·š 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) ‘ wz­ z­ ·w; ’ãz’Ò’ ©·; ŒŒšÞ,Œ; ¦;© aCw ғz· ·š assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as . described in the Method of Apportionment 8 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  Inflationary Factor ‘ !““ÒŒ ¦;©-;“·m; z“-©;­; z“ ·w; {“ Francisco-Oakland-San Jose Area Consumer t©z-; L“7;ã Eš© {!ŒŒ …©,“ ‘m; 9©“;©­ “7 /Œ;©z-Œ ‘š©‰;©­r|  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. 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE It is recognized that the cost of maintaining the District impro result of inflation. As at the time the District was formed, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. 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 ›{L“7;ã|œ Eš© {!ŒŒ …©,“ ‘m; 9©“;©­ “7 /Œ;©z-Œ ‘š©‰;©­| ¦ŒÒ­ “ä -·ÒŒ z“-©;­; z“ ·w; -š­· šE utilities (water and power). 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. 9 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  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. 10 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  4 METHOD OF APPORTIONMENT 4.1 GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further req improvements be levied according to benefit rather than assessed {w; “;· ’šÒ“· ·š ,; ­­;­­;7 Ò¦š“ Œ“7­ Þz·wz“ an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel E©š’ ·w; z’¦©šÝ;’;“·­u| The formula used for calculating assessments in the District the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4: {No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable and an agency shall separate the general benefits from the spe-zŒ ,;“;Ez·­ -š“E;©©;7 š“  ¦©-;Œu| 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the Cit have been proportionately spread to each parcel based on special improvements as determined at the time the District was establis Ð D;“;©Œ .;“;Ez·­In reviewing each of the District improvements, the proximity of improvements to both properties within the District and those ou 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 improv 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. {¦;-zŒ .;“;Ez·­ “ w; ’;·wš7 šE ¦¦š©·zš“’;“· ›’;·wš7 šE ­­;­­’;“·œ ;­·,Œz­w;7 on the premise that each assessed parcel within the District rec improvements and the desirability of those properties enhanced by the presence of well-maintained landscaping in close proximity to those properties. 11 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  The special benefits associated with landscape improvements are 1)Enhanced desirability of properties through association with the 2)Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3)Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4)Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5)Increased sense of pride in ownership of property within the Dis maintained improvements associated with the properties. 6)Enhanced quality of life through well-maintained green space and 7)Reduced criminal activity and property-related crimes (especiall in the District through well-maintained surroundings and amenities including abatement of graffiti. 8)Enhanced environmental quality of the parcels by moderating temp 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 enhanc has been determined that the lack of funding to properly service improvements would have a negative impact on the properties within the District. “ ‘z·wz“ ·w; ,šÒ“7©z;­ šE ·w; 5z­·©z-·r ·w;©; ©; ­;Ý;©Œ ·ä¦;­ Non-Assessable Properties properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 1)Publicly owned parcels that are reserved as Public Open Space or are developed as City Parks for active recreation and are maintained and serviced by the Distric 2)Publicly owned wetland parcels; 3)Certain Public Utility parcels; 4)Privately owned open space parcels; and 5)Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcel, of which these "slive at the Residential Zone rate. 12 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  4.3 ASSESSMENT METHODOLOGY The special benefits received by each parcel within ·w; 5z­·©z-· “7 ;-w ¦©-;Œx­ ¦©š¦š©·zš“Œ ““ÒŒ assessment are calculated as follows: Sixty on and six tenths percent (61.6%) spread equally to the 150 single family homes of Dublin Estates; and Thirty eight and four tenths percent (38.4%) spread equally among the 553 apartments of Amador Lakes Apartments. 13 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  5 ASSESSMENT ROLL The proposed assessment and the amount of the assessment apporti ­wšÞ“ š“ ·w; Œ·;­· ©šŒŒ · ·w; !­­;­­š©x­ hEEz-;r ©; shown in Appendix B. The description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will Auditor/Controller, and included on the property tax roll for each parcel shown in the assessment roll for fiscal year 2012-13. Parcel identification, the lines and dimensions of each lot, par District, are inclusive of the parcels as shown on the Alameda C 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 /šÒ“·ä !­­;­­š©x­ ’¦­ Eš©  7;·zŒ;7 7;­-©z¦·zš“ šE the lines and dimensions of each lot and parcel of land within the District. 14 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  !tt9b5L– ! ‘ !{{9{{a9b 5L!Dw!a 15 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu   /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  !tt9b5L– . ‘ !{{9{{a9b w[[ 16 RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-2 WHEREAS, by its Resolution No. 26-12, a Resolution Directing Preparation Report for City of Dublin Landscaping and Lighting Maintenance A 2 (the "District"), this Council designated the Public Works Dir ordered said Engineer to make and file a report in writing in ac the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 26-12 and which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and finds that eac part of said report is sufficient; and that said report neither any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs acquisition of improvements and maintaining said improvements an in connection therewith, as contained in said report be, and eac preliminarily approved and confirmed; b) That the diagram showing the assessment district, descriptio improvements to be acquired and maintained, and the boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and it is hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expe proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits parcels, respectively, from said acquisition and maintenance, an thereto, as contained in said report be, and they are hereby pre confirmed. PASSED, APPROVED AND ADOPTED this 5th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ ATTEST: Mayor _________________________________ City Clerk RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-2 WHEREAS, by its Resolution No. 26-12, a resolution directing preparation report for City of Dublin Landscaping and Lighting Maintenance A "District"), this Council designated the Public Works Director a that Engineer to make and file a report in writing in accordance Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 26-12, an which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and each and every thereof, and finds that each and every part of said report is su NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUAN TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its inte Levy of the Districts pursuant to the Act, over and including th boundaries, and to levy and collect assessments on all such land improvements. The City Council finds that the publicÓs best int collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original Di the City of Dublin, within the County of Alameda, State of Calif Section 3 Description of Improvements: The improvements within the Distri operation, maintenance, acquisition and servicing of street ligh within the boundaries of the District. Services provided includ operations, administration and maintenance required to keep the operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2012-2013, the p assessments are outlined in the EngineerÓs Report which details the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its inten Hearing annually concerning the levy of assessments for the Dist Chapter 3, Section 22626 of the Act. 1 Section 6 Notice: The City Clerk is hereby directed to give notice of sai owners in the District by causing the publishing of this Resolut newspaper published and circulated in the City, for two consecut (10) days before the date of the Public Hearing, and by posting official posting locations customarily used by the City Council interested person may file a written protest with the City Clerk Public Hearing, or, having previously filed a protest, may file A written protest shall state all grounds of objection and a pro contain a description sufficient to identify the property owned Public Hearing, all interested persons shall be afforded the opp Section 7 Notice of Public Hearing: Notice is hereby given that a Publi matters will be held by the City Council on Tuesday, June 19, 2012, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at Section 8 The City Clerk is hereby authorized and directed to give notic provided by law. PASSED, APPROVED, AND ADOPTED this 5th day of June, 2012, by the following vote. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk 2 Engineer's Report for Landscaping and Lighting District No. 1986-1 (Villages at Willow Creek) Fiscal Year 2012-13 For the City of Dublin Alameda County, California May 29, 2012 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 Table of Contents 1 OVERVIEW .............................................................................. 2 1.1 INTRODUCTION .............................................................. 2 General Description of the District .............................................................. 2 Compliance with the California Constitution .................................................. 2 Summary of Proposed Assessment and Expenditures ................ 2 IMPROVEMENTS .................................................................... 4 3 BUDGET .................................................................................. 5 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE ......................... 4 METHOD OF APPORTIONMENT ........................................... 10 4.1 GENERAL ...................................................................... 10 4.2 BENEFIT ANALYSIS ........................................................ 10 General Benefits................................................................... 10 Special Benefits .................................................................... 10 Non-Assessable Properties .................................................. 11 4.3 ASSESSMENT METHODOLOGY ..................................... 11 5 ASSESSMENT ROLL ............................................................... 13 i 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. DATED: May 29, 2012 BY: K. Dennis Klingelhofer Assessment Engineer R.C.E. No. 50255 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____ day of ________, 2012. City Clerk, City of Dublin County of Alameda, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was approved and confirmed by the City Council of the City of Dublin, California, on the ______ day of ___________, 2012. City Clerk, City of Dublin County of Alameda, California By: ii 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 1 OVERVIEW 1.1 INTRODUCTION w; /z·ä šE 5Ò,Œz“ ›{/z·ä|œ Œ;Ýz;­ “7 -šŒŒ;-·­ ­¦ecial assessments on parcels within Landscaping and [zmw·z“m 5z­·©z-· bšu  -·|œ z“ š©7;© ·š ’z“·z“ ·w; z’¦©šÝ;’;“·­ Þz·wz“ ·w; zŒŒm;­  Willow Creek area. 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 as approved by the City C formed. General Description of the District The District was initially formed in 1986 to provide a dedicated source of funding for the ongoing 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. Land 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 in Appendix A. Compliance with the California Constitution Assessments are levied annually within the District pursuant to Part 2 of Division 15 of the California Streets and Highways Code ›{  !-·|œu !ŒŒ ­­;­­’;“·­ described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Arti-Œ; –LLL5 ›{!©·z-Œ; –LLL5|œr which was enacted with the passage of Proposition 218 in November 1996. In Fiscal Year 2001-02, the assessments in this District were in property owners in compliance with the requirements of Proposition 218. The increase in the assessment rate was required as the reserve funds had become depleted and could no longer be used to offset utility and maintenance cost increases. 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 future increase in the assessment rate in excess of the maxi changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to eac 2 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 Summary of Proposed Assessment and Expenditures A summary of the assessments to be levied for each property type is shown in the table below. Property Type EDU Assessment Basis Factor Rate Single-Family Residential (SFR) 1.00 $ 173.38 Parcel Multi-Family Residential (MFR) 0.50 $ 86.69 Unit Commercial 4.00 $ 693.52 Parcel Exempt, Common Open Space, Public Land 0.00 $ 0.00 Parcel 3 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 2 IMPROVEMENTS The District provides for the continued maintenance and servicing of landscaping, including fencing and soundwalls within the public right-of-ways and within public easements within private streets which provide special benefit to parcels and properties within the Dis maintained by the District include: a.The median and roadside landscaping along the north side of Willow Creek Drive. b.Roadside landscaping along Shady Cree Drive within Lots 1, 2, 3, 4, 5, 6, 15, 16, 37, 38, and south of Lot 145, all within Tract 5511. c.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 Wild d.Roadside landscaping, fence, and pathway improvements on the west side of Wildwood Road. e.Roadside landscaping, fence, wall, and pathway improvements on the west side of Dougherty Road and the south side of Amador Valley Boulevard, adjacent to f.Roadside landscaping, fence, and pathway improvements on the west and north sides of Fall Creek Road. g. Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-way. Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. Drawings showing the specific locations of the impršÝ;’;“·­ ©; š© EzŒ; z“ ·w; /z·äx­ 9“mz“;;©z“m Department are area made a part of this report by reference. 4 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 3 BUDGET All public streetlights and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed budget for District is shown on the following page. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements, including all labor, personnel, equipment, materials and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/ (transfer) based upon the estimated expenditures and assessment revenue. Projected budgets are also shown for the next 2 fiscal years. For Fiscal Year 14-15, the budget assumes a 15% increase for water, and 4% increase for electricity rates The following describes the services and costs shown in the budg DIRECT COSTS: Maintenance Tree ‘ w; -š­· šE z“­·ŒŒ·zš“ “7 ’z“·;““-e of trees and plantings along the roadside frontages and pathways within the District Maintenance Landscape ‘ w; -š­· šE ’z“·;““-; “7 ©;¦z© šE the landscaping and open space areas within the District. Utilities Water ‘ w; -š­· šE EÒ©“z­wz“m Þ·;© Eš© ’z“·;nance of landscape and irrigation systems within the District. Utilities Electricity ‘ w; -š­· šE ;Œ;-·©z-z·ä Eš© ’z“·;““-; šE Œ“7­-¦; “7 ¦šÞ; systems within the District. Miscellaneous Expenses ‘ /š­·­ ·w· -““š· ;­zŒä ,; -·;mš©zé;7 z“·š “ä šE ·w; š·w;© defined above. ADMINISTRATIVE COSTS: District Administration, Consulting ‘ w; -š­·­ šE -š“·©-·z“m Þz·w ¦©šE;­­zš“Œ­ ·š ¦©šÝz7; ­;©Ýz-; specific to the levy administration, including prepar·zš“ šE ·w; 9“mz“;;©x­ w;¦š©·r ©;­šŒÒ·zš“­r “7 Œ;Ýä 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 ‘ w; -š­· šE ­;©Ýz-;­ ¦©šÝz7;7 ·š 7’z“z­·;© ·w; 5z­·©z-· E©š’ Works department of the City of Dublin. County per Parcel Fee ‘ w; -š­· ·š ·w; 5z­·©z-· Eš© ·w; /šÒ“·ä ·š -šŒŒ;-· ­­;­­’;“·­ tax bills. 5 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 6 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 LEVY BREAKDOWN: Reserve Collection/(Transfer) ‘ w; Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balan 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) ‘ w; Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessme proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned 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 maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is (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 -©;7z·;7 ,-‰ ·š ·w; 5z­·©z-·x­ ©;mҌ© --šÒ“·­u we 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) ‘ wz­ z·;’ ©;¦©;­;“·­ ©;¦ä’;“·­ šE ’šÒ“·­ ·w· w7 been temporarily advanced to the District from other revenue sou represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection/(Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current Fiscal Year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current Fiscal Year for special services or capital improvements (upgrades or refurbishi 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 7 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 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 revenue Delinquency Contingency ‘ wz­ z­ ·w; ;­·z’·;7 ’šÒ“· 7;­zm“·;7 Eš© 7;Œz“¨Ò;“· ¦©š¦;©· payments that the County is unable to collect in Fiscal Year 2012-13. Other Revenue/General Fund (Contributions) ‘ wz­ z·;’ z“-ŒÒ7;­ 77z·zš“Œ Eғ7­ 7;­zm“·;7 Eš© ·w; 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 ‘ wz­ z­ ·w; ·š·Œ ’šÒ“· ·š ,; -šŒŒ;-·;7 for the current Fiscal Year through the annual assessments (for special benefits). The Balance to Levy represen 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 ‘ w; ·š·Œ “Ò’,;© šE ¦©-;Œ­ Þz·wz“ ·w; 5z­·©z-· ·w· ÞzŒŒ ©;-; benefits during the current Fiscal Year. Total EDUs ‘ w; ·š·Œ 9¨ÒzÝŒ;“· 5Þ;ŒŒz“m …“z·­ Þz·wz“ the District applied to the parcels described above. Levy per EDU ‘ wz­ ’šÒ“· ©;¦©;­;“·­ ·w; ©·; ,;z“m ¦¦Œz;7 ·š ;-w ¦©-;Œx­ z“7zÝz7ÒŒ 95… E-·š©u w; [;Ýä ¦;© 95… z­ ·w; ©;­ÒŒ· šE 7zÝz7z“m ·w; {{¦;-zŒ !­­;­­’; District for the fiscal year. Maximum Levy per EDU ‘ wz­ z­ ·w; ©·; ¦;© 95… ¦¦©šÝ;7 ,ä property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE It is recognized that the cost of maintaining the District impro result of inflation. At the time the District was formed, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. 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 ›{L“7;ã|œ Eš© {!ŒŒ …©,“ ‘m; 9©“;©­ “7 /Œ;©z-Œ ‘š©‰;©­|r ¦ŒÒ­ “ä -·ÒŒ z“-©;­; z“ ·w; -š­· šE utilities (water and 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 8 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 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. The table below shows the calculations for the adjustment to the Maximum Allowable Assessment for Fiscal Year 2012-13. Proposed Forecast Forecast Budget Budget Budget ItemFY 2012-13FY 2013-14FY 2014-15 CPI April Prior Year231.600N/AN/A CPI April Current Year236.626N/AN/A % Increase/(Decrease)2.170%2.000%2.000% Prior Year Maximum Levy per EDU165.16$ 178.40$ 193.06$ Current Year Maximum Levy per EDU- CPI only168.74$ 181.97$ 196.93$ Combined Utility Costs Current Year49,380$ 56,610$ 64,916$ Combined Utility Costs Prior Year43,090$ 49,380$ 56,610$ % Change in Combined Utility Costs14.60%14.64%14.67% Change in Combined Utilities 6,290$ 7,230$ 8,306$ Amount per EDU for Utilities9.65$ 11.10$ 12.75$ Maximum Levy per EDU current year178.40$ 193.06$ 209.67$ 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. 9 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 4 METHOD OF APPORTIONMENT 4.1 GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further req improvements be levied according to benefit rather than assessed {w; “;· ’šÒ“· ·š ,; ­­;­­;7 Ò¦š“ Œ“7­ within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each ­Ò-w Œš· š© ¦©-;Œ E©š’ ·w; z’¦©šÝ;’;“·­u| The formula used for calculating assessments in the District the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4: {No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable and an agency shall separate the general benefits from the special benefits conferred on a ¦©-;Œu| 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the Cit have been proportionately spread to each parcel based on special improvements as determined at the time the District was establis Ð General Benefits In reviewing each of the District improvements, the proximity of improvements to both properties within the District and those ou 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 improv 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. Special Benefits “ w; ’;·wš7 šE ¦¦š©·zš“’;“· ›’;·wš7 šE ­­;­­’;“·œ ;­·,Œz­w;7 on the premise that each assessed parcel within the District rec improvements and the desirability of those properties enhanced by the presence of well-maintained 10 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 landscaping in close proximity to those properties. The special benefits associated with landscape improvements are 1)Enhanced desirability of properties through association with the 2)Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3)Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4)Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5)Increased sense of pride in ownership of property within the Dis maintained improvements associated with the properties. 6)Enhanced quality of life through well-maintained green space and 7)Reduced criminal activity and property-related crimes (especiall in the District through well-maintained surroundings and amenities including abatement of graffiti. 8)Enhanced environmental quality of the parcels by moderating temp 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 enhanc has been determined that the lack of funding to properly service improvements would have a negative impact on the properties within the District. Non-Assessable Properties “ ‘z·wz“ ·w; ,šÒ“7©z;­ šE ·w; 5z­·©z-·r ·w;©; ©; ­;Ý;©Œ ·ä¦;­ that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 1)Publicly owned parcels that are reserved as Public Open Space or are developed as City Parks for active recreation and are maintained and serviced by the Distric 2)Publicly owned wetland parcels; 3)Certain Public Utility parcels; 4)Privately owned open space parcels; and 5)Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. 4.3 ASSESSMENT METHODOLOGY The special benefits received by each parcel within ·w; 5z­·©z-· “7 ;-w ¦©-;Œx­ ¦©š¦š©·zš“Œ ““ÒŒ assessment are calculated on the basis of a formula known as Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship betw the various parcels within the District and the improvements maintained by the District. The typical single family residential parcel is assigned 1.0 Equivalent Dwel 11 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 95…x­ ©; ­­zm“;7 ·š ·w; š·w;© Œ“7 Ò­;­ ,­;7 Ò¦š“ ·w; ¦©š¦;©·äx­ 7;Ý;Œš¦’;“· ­··Ò­r ·ä¦; šE development (County of Alameda land use code) and property size Property Type EDU Factor Basis Single-Family Residential (SFR) 1.00 Parcel Multi-Family Residential (MFR) 0.50 Unit Commercial 4.00 Parcel Exempt, Common Open Space, Public Land 0.00 Parcel {z“mŒ;C’zŒä w;­z7;“·zŒ ›{Cwœ “ (County land use 1x) This land use identifies properties that ar 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). aҌ·zC’zŒä w;­z7;“·zŒ “ This land use identifies properties that are developed for multi and are assigned a factor of 0.50 EDU per unit. /š’’;©-zŒ “ 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 µ h·w;© 9ã;’¦· t©š¦;©·ä “ This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. w; EšŒŒšÞz“m Eš©’ÒŒ­ ©; Ò­;7 ·š -Œ-Ҍ·; ;-w ¦©š¦;©·äx­ ­­ Total Balance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount 12 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 5 ASSESSMENT ROLL The proposed assessment and the amount of the assessment apporti ­wšÞ“ š“ ·w; Œ·;­· ©šŒŒ · ·w; !­­;­­š©x­ hEEz-;r ©; shown in Appendix A. The description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will Auditor/Controller, and included on the property tax roll for each parcel shown in the assessment roll for fiscal year 2012-13. Parcel identification, the lines and dimensions of each lot, par District, are inclusive of the parcels as shown on the Alameda C 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 /šÒ“·ä !­­;­­š©x­ ’¦­ Eš©  7;·zŒ;7 7;­-©z¦·zš“ šE the lines and dimensions of each lot and parcel of land within the District. 13 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 !tt9b5L– ! ‘ !{{9{{a9b 5L!Dw!a 14 9“mz“;;©x­ w;¦š©· aä r Landscaping and Lighting District No. 1986-1 City of Dublin Fiscal Year 2012-13 !tt9b5L– . ‘ !{{9{{a9b w[[ 15 RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1986-1 (VILLAGES AT WILLOW CREEK) WHEREAS, by its Resolution No. 27-12, a Resolution Directing Preparation Report for City of Dublin Landscaping and Lighting Maintenance A 1 (the "District"), this Council designated the Public Works Dir ordered said Engineer to make and file a report in writing in ac the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 27-12 and which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and finds that eac part of said report is sufficient; and that said report neither any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs maintaining said improvements and of the incidental expenses in contained in said report be, and each of them are hereby prelimi b) That the diagram showing the assessment district, descriptio improvements to be maintained, and the boundaries and dimensions parcels of land within said District, as contained in said repor approved and confirmed; c) That the assessment of the total amount of the cost and expe proposed maintenance of said improvements upon the several lots District in proportion to the estimated benefits to be received respectively, from said maintenance, and of the expenses inciden said report be, and they are hereby preliminarily approved and c PASSED, APPROVED AND ADOPTED this 5th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ ATTEST: Mayor _________________________________ City Clerk RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1986-1 WHEREAS, by its Resolution No. 27-12, a resolution directing preparation report for City of Dublin Landscaping and Lighting Maintenance A "District"), this Council designated the Public Works Director a that Engineer to make and file a report in writing in accordance Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 27-12, an which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and each and every thereof, and finds that each and every part of said report is su NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its inte Levy of the Districts pursuant to the Act, over and including th boundaries, and to levy and collect assessments on all such land improvements. The City Council finds that the publicÓs best int collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original Di the City of Dublin, within the County of Alameda, State of Calif Section 3 Description of Improvements: The improvements within the Distri operation, maintenance, acquisition and servicing of street ligh within the boundaries of the District. Services provided includ operations, administration and maintenance required to keep the operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2012-2013, the p assessments are outlined in the EngineerÓs Report which details the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its inten Hearing annually concerning the levy of assessments for the Dist Chapter 3, Section 22626 of the Act. 1 Section 6 Notice: The City Clerk is hereby directed to give notice of sai owners in the District by causing the publishing of this Resolut newspaper published and circulated in the City, for two consecut (10) days before the date of the Public Hearing, and by posting official posting locations customarily used by the City Council interested person may file a written protest with the City Clerk Public Hearing, or, having previously filed a protest, may file A written protest shall state all grounds of objection and a pro contain a description sufficient to identify the property owned Public Hearing, all interested persons shall be afforded the opp Section 7 Notice of Public Hearing: Notice is hereby given that a Publi matters will be held by the City Council on Tuesday, June 19, 2012, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at Section 8 The City Clerk is hereby authorized and directed to give notic provided by law. PASSED, APPROVED, AND ADOPTED this 5th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk 2 Engineer's Report for Landscape Maintenance Assessment District No. 1997-1 (Santa Rita Area) Fiscal Year 2012-13 For the City of Dublin Alameda County, California May 29, 2012 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  Table of Contents 1 OVERVIEW .............................................................................. 1 1.1 INTRODUCTION .............................................................. 1 General Description of the District .............................................................. 1 Compliance with the California Constitution .................................................. 1 Summary of Proposed Assessment and Expenditures ................ 2 IMPROVEMENTS .................................................................... 3 3 BUDGET .................................................................................. 5 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE ......................... 4 METHOD OF APPORTIONMENT ........................................... 10 4.1 GENERAL ...................................................................... 10 4.2 BENEFIT ANALYSIS ........................................................ 10 General Benefits................................................................... 10 Special Benefits .................................................................... 11 Non-Assessable Properties .................................................. 11 4.3 ASSESSMENT METHODOLOGY ..................................... 12 4.4 Rate Classifications ...................................................... 12 5 ASSESSMENT ROLL ............................................................... 14 i 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. DATED: May 29, 2012 BY: K. Dennis Klingelhofer Assessment Engineer R.C.E. No. 50255 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____ day of ________, 2012. City Clerk, City of Dublin County of Alameda, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was approved and confirmed by the City Council of the City of Dublin, California, on the ______ day of ___________, 2012. City Clerk, City of Dublin County of Alameda, California By: ii 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  1 OVERVIEW 1.1 INTRODUCTION w; /z·ä šE 5Ò,Œz“ ›{/z·ä|œ Œ;Ýz;­ “7 -šŒŒ;-·­ ­¦;-ial assessments on parcels within the City of Dublin [“7­-¦; az“·;““-; !­­;­­’;“· 5z­·©z-· bšu  ›{5z­·©z-·| and irrigation improvements within the Santa Rita area. 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 as approved by the City C formed. General Description of the District The District was formed to fund street landscape maintenance and development area, also known as Emerald Park. The total Distric developed acres bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. A diagram of the District is included in Appendix A of this report. Compliance with the California Constitution Assessments are levied annually within the District pursuant to Part 2 of Division 15 of the California Streets and Highways Code ›{  !-·|œu !ŒŒ ­­;­­’;“·­ described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Arti-Œ; –LLL5 ›{!©·z-Œ; –LLL5|œr which was enacted with the passage of Proposition 218 in November 1996. In accordance with the requirements of Prop 218 the property owners approved a formula for increasing assessments in succeeding years that allows the maint the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. Any future increase in the assessment rate in excess of the maxi changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner pursuant to the provisions of the California Constitution Article XIIID . 1 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  Summary of Proposed Assessment and Expenditures A summary of the assessments to be levied for each property type are shown in the table below Property Type Rate Basis California Creekside Single-Family Residential (SFR) $100.40 Lot California Brookside Multi-Family Residential (MFR) $ 43.50 Unit SummerGlen ‘ wz-w’š“7 !’;©z-“ ›bš©·wœ [š·­ $ 87.92 Lot SummerGlen ‘ wz-w’š“7 !’;©z-“ ›{šÒ·wœ [š·­ $ 96.75 Lot SummerGlen ‘ YÒE’“ µ .©š7 [š·­ $134.64 Lot SummerGlen ‘ tҌ·; [š·­ $168.94 Lot Dublin Greene Tract 7084 Single-Family Residential $106.36 Lot Dublin Greene Tract 7149 Multi-Family Residential $ 80.08 Lot Dublin Greene Tract 7149 Condominiums/Apartments $ 41.74 Unit Retail, Office, and Industrial $706.16 Acre 2 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  2 IMPROVEMENTS The District provides for the continued maintenance and servicing of the landscaping and open space areas within 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 Boulev 5.The easterly and westerly street frontages for Hacienda Drive, f interchange to Gleason Drive. 6.The westerly street frontage of Tassajara Road, 350 feet southerly of the Tassajara Road and Dublin Boulevard intersection, to 450 feet northerly of the Gleason Drive and Tassajara Road intersection. 7.Tassajara Creek and trail, from I-580 to the northerly property Surplus Property Authority property (APN 986-1-1¬10). 8.Street median landscaping is not part of this District. As generally defined in the 1972 Act, maintenance and servicing of the improvements may include one or any combination of the following: 1)The installation or planting of landscaping. The installation or fountains, and other ornamental structures and facilities. 2)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 cons sidewalks, or paving, or water, irrigation, drainage, or electri 3)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 improv b.Grading, clearing, removal of debris, the installation, repair o gutters, walls, sidewalks, or paving, or water, irrigation, drai c.Providing for the life, growth, health, and beauty of landscapin 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 impr cover graffiti. f.Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. 3 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  g.Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 4)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 serv e.Any other expenses incidental to the construction, installation, servicing of the improvements; and, f.Costs associated with any elections held for the approval of a new or increased assessment. Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. 5©Þz“m­ ­wšÞz“m ·w; ­¦;-zEz- Œš-·zš“­ šE ·w; z’¦©šÝ;’;“·­ ©; Department are area made a part of this report by reference. 4 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  3 BUDGET All landscaping and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed budget for District is shown on the following page. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements, including all labor, personnel, equipment, materials and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/ (transfer) based upon the estimated expenditures and assessment revenue. Projected budgets are also shown for the next 2 fiscal years. For fiscal year 14-15, the budget assumes a 15% increase for water, and a 4% increase for electricity rates The following describes the services and costs shown in the budg DIRECT COSTS: Maintenance Tree ‘ w; -š­· šE z“­·ŒŒ·zš“ “7 ’z“·;““-e of trees and plantings along the street frontages within the District. az“·;““-; [“7­-¦; ‘ The cost of maintenance and repair of the landscaping and open s within the District. Utilities Water ‘ w; -š­· šE EÒ©“z­wz“m Þ·;© Eš© ’z“·;““-; šE Œ“7­-¦; “7 within the District. Utilities Electricity ‘ The cost of electricity for maintenance of landscape, powering o systems, and entry lighting within the District. Miscellaneous Expenses ‘ /š­·­ ·w· -““š· ;­zŒä ,; -·;mš©zé;7 z“·š “ä šE ·w; š·w;© defined above. ADMINISTRATIVE COSTS: District Administration, Consulting ‘ w; -š­·­ šE -š“·©-·z“m Þz·w ¦©šE;­­zš“Œ­ ·š ¦©šÝz7; ­;©Ýz-; specific to the levy administration, including prepar·zš“ šE ·w; 9“mz“;;©x­ w;¦š©·r ©;­šŒÒ·zš“­r “7 Œ;Ýä 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 ‘ w; -š­· šE ­;©Ýz-;­ ¦©šÝz7;7 ·š 7’z“z­·;© ·w; 5z­·©z-· E©š’ Works department of the City of Dublin. County per Parcel Fee ‘ w; -š­· ·š ·w; 5z­·©z-· Eš© ·w; /šÒ“·ä ·š -šŒŒ;-· ­­;­­’;“·­ tax bills. 5 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  6 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  LEVY BREAKDOWN: Reserve Collection/(Transfer) ‘ w; Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balan 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) ‘ w; Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessme proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned 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 (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 -©;7z·;7 ,-‰ ·š ·w; 5z­·©z-·x­ ©;mҌ© --šÒ“·­u we 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) ‘ wz­ z·;’ ©;¦©;­;“·­ ©;¦ä’;“·­ šE ’šÒ“·­ ·w· w7 been temporarily advanced to the District from other revenue sou 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 operatio 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 Fu loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative num 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 7 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  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 revenue Other Revenue/General Fund (Contributions) ‘ wz­ z·;’ z“-ŒÒ7;­ 77z·zš“Œ Eғ7­ 7;­zm“·;7 Eš© ·w; 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 in 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 ‘ wz­ z­ ·w; ·š·Œ ’šÒ“· ·š ,; -šŒŒ;-·;7 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 ‘ w; ·š·Œ “Ò’,;© šE ¦©-;Œ­ Þz·wz“ ·w; 5z­·©z-· z“-ŒÒ7z“m ;ã;’ Total Parcels Levied ‘ w; ·š·Œ “Ò’,;© šE ¦©-;Œ­ Þz·wz“ ·we District that will receive the special benefits during the current Fiscal Year. Total EDUs ‘ w; ·š·Œ 9¨ÒzÝŒ;“· 5Þ;ŒŒz“m …“z·­ Þz·wz“ ·w; 5z­·©z-· ¦¦Œz; above. Balance to Levy for SFR ‘ w; ·š·Œ ­­;­­’;“· ·š ­z“mŒ;E’zŒä ¦©š¦;©·ä šÞ“;©­ z“ ·w; 5 Estates development. Balance to Levy for MFR ‘ w; ·š·Œ ­­;­­’;“· ·š ¦©š¦;©·ä šÞ“;©­ šE -š“7š’z“zҒ š© ¦© in the Amador Lakes Apartments development. Maximum Levy per SFR (Prior Fiscal Year) ‘ wz­ z­ ·w; ’ãz’Ò’ ©·; ŒŒšÞ,Œ; z“ Cz­-Œ —;©  to assess single-family property owners within the District. Maximum Levy per MFR (Prior Fiscal Year) ‘ wz­ z­ ·w; ’ãz’Ò’ ©·; ŒŒšÞ,Œ; z“ Cz­-Œ —;©  to assess property owners of a multifamily residential unit within the District. Maximum Levy per SFR (Current Fiscal Year) ‘ wz­ z­ ·w; ’ãz’Ò’ ©·; ŒŒšÞ,Œ; ¦;© {Cw ¦©-;Œ ·š 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) ‘ wz­ z­ ·w; ’ãz’Ò’ ©·; ŒŒšÞ,Œ; ¦;© aCw ғz· ·š assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as . described in the Method of Apportionment 8 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  Inflationary Factor ‘ !““ÒŒ ¦;©-;“·m; z“-©;­; z“ ·w; {“ Francisco-Oakland-San Jose Area Consumer t©z-; L“7;ã Eš© {!ŒŒ …©,“ ‘m; 9©“;©­ “7 /Œ;©z-Œ ‘š©‰;©­r|  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. 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE It is recognized that the cost of maintaining the District impro result of inflation. As at the time the District was formed, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. 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 ›{L“7;ã|œ Eš© {!ŒŒ …©,“ ‘m; 9©“;©­ “7 /Œ;©z-Œ ‘š©‰;©­| ¦¦Œz;­ ·š ŒŒ -š­·­ ;ã-;¦· Þ·;© “7 electricity, plus any actual increase in the cost of electricity annual percentage difference in the Index between April of the current fiscal year and that o 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. Proposed Forecast Forecast Budget Budget Budget ItemFY 2012-13FY 2013-14FY 2014-15 CPI April Prior Year231.600N/AN/A CPI April Current Year236.626N/AN/A % Increase/(Decrease)2.170%2.000%2.000% Prior Year Maximum Levy per EDU excluding utilities827.51$ 845.47$ 862.38$ Current Year Maximum Levy per EDU- CPI only845.47$ 862.38$ 879.62$ Combined Utility Costs Current Year86,420$ 99,330$ 114,179$ Combined Utility Costs Prior Year86,480$ 86,420$ 99,330$ Change in Combined Utilities (60)$ 12,910$ 14,849$ % Change in Combined Utility Costs-0.07%14.94%14.95% Prior Year Maximum Levy for Utilities236.34$ 236.34$ 271.65$ Amount per Acre for Utilities$ 271.65236.34$ 274.44$ Maximum Levy per Acre current year1,081.81$ 1,134.02$ 1,154.07$ 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 9 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  amount allowable regardless of whether the increase is levied to the parcels within the District. 4 METHOD OF APPORTIONMENT 4.1 GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further req improvements be levied according to benefit rather than assessed {w; “;· ’šÒ“· ·š ,; ­­;­­;7 Ò¦š“ Œ“7­ within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each ­Ò-w Œš· š© ¦©-;Œ E©š’ ·w; z’¦©šÝ;’;“·­u| The formula used for calculating assessments in the District the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID S {No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable and an agency shall separate the general benefits from the special benefits conferred on a ¦©-;Œu| 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the Cit have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was establis Ð D;“;©Œ .;“;Ez·­In reviewing each of the District improvements, the proximity of improvements to both properties within the District and those ou 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 improv 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. 10 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  {¦;-zŒ .;“;Ez·­ “ w; ’;·wš7 šE ¦¦š©·zš“’;“· ›’;·wš7 šE ­­;­­’;“·œ ;­·,Œz­w;7 on the premise that each assessed parcel within the District rec 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 1)Enhanced desirability of properties through association with the 2)Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3)Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4)Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5)Increased sense of pride in ownership of property within the Dis maintained improvements associated with the properties. 6)Enhanced quality of life through well-maintained green space and 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 temp 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 enhanc has been determined that the lack of funding to properly service improvements would have a negative impact on the properties within the District. “ ‘z·wz“ ·w; ,šÒ“7©z;­ šE ·w; 5z­·©z-·r ·w;©; ©; ­;Ý;©Œ ·ä¦;­ Non-Assessable Properties properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 1)Publicly owned parcels that are reserved as Public Open Space or are developed as City Parks for active recreation and are maintained and serviced by the Distric 2)Publicly owned wetland parcels; 3)Certain Public Utility parcels; 4)Privately owned open space parcels; and 11 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  5)Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel 4.3 ASSESSMENT METHODOLOGY w; z“z·zŒ 9“mz“;;©x­ w;¦š©· ¦©šÝz7;­ Eš©  ’ãz’Ò’ ­­;­­’;“· based on a total of 389,400 square feet of street improvements and a total of 957,000 square feet of creek improvements and 440.08 acres of developed property at build-out of all property within the District. The cost of the Improvements will be divided equally among the total number of developed properties within the boundaries of the District on a per acre basis. {5;Ý;Œš¦;7 -©;­| ­wŒŒ z“-ŒÒ7; ¦©š¦;©·ä wÝz“m  ©;-š©7;7 Ez“Œ each year. w; EšŒŒšÞz“m Eš©’ÒŒ­ ©; Ò­;7 ·š -Œ-Ҍ·; ;-w ¦©š¦;©·äx­ ­­ 1./š­· šE ’z“·;““-; šE z“­·ŒŒ;7 L’¦©šÝ;’;“·­ ›{a|œu 2.š·Œ ’šÒ“· šE 7;Ý;Œš¦;7 -©;­ ›{!|œu 3.w; ““ÒŒ ­­;­­’;“· Eš© ·w; 7;Ý;Œš¦;7 -©;­ Eš© ·w· ä;© ›{a| -©; ,­z­ ›{a| ] {!|œ ,­;7 š“ ·w; EšŒŒšÞz“mt a.Commercial developed area, per acre basis. b.Single-family residential area, per acre basis. c.Multi-family residential area, per acre basis. 4.The single-family and multi-family residential area per acre assessment will be further spread on a per lot basis based on the number of lots on the final map, parcel map, or condominium map for each particular development. 5.If the assessment in any year would exceed $710 per acre, the amount in excess of $710 shall be assessed to the remaining undeveloped acres on a per acre basis, subject to the maximum developed acre amount. 6.The maximum developed acre assessment of $710 per year will be i percentage increase in the San Francisco-Oaklan7{“ Wš­; !©; /š“­Ò’;© t©z-; L“7;ã Eš© {!ŒŒ …©,“ /š“­Ò’;©­ “7 /Œ;©z-Œ ‘š©‰;©­| ›¦¦Œz;­ ·š 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 (after adjustment in accordance with Paragraph 6), the assessment shall be reduced proportionately to reflect the reduced cost of Improvements in that year. 4.4 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. 12 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  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 t lot for Fiscal Year 2012-13. For Fiscal Year 2011/2012, the following assessments resulted fr Property Type Rate Basis California Creekside Single-Family Residential (SFR) $100.40 Lot California Brookside Multi-Family Residential (MFR) $ 43.50 Unit SummerGlen ‘ wz-w’š“7 !’;©z-“ ›bš©·wœ [š·­ $ 87.92 Lot SummerGlen ‘ wz-w’š“7 !’;©z-“ ›{šÒ·wœ [š·­ $ 96.75 Lot SummerGlen ‘ YÒE’“ µ .©š7 [š·­ $134.64 Lot SummerGlen ‘ tҌ·; [š·­ $168.94 Lot Dublin Greene Tract 7084 Single-Family Residential $106.36 Lot Dublin Greene Tract 7149 Multi-Family Residential $ 80.08 Lot Dublin Greene Tract 7149 Condominiums/Apartments $ 41.74 Unit Retail, Office, and Industrial $706.16 Acre 13 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  5 ASSESSMENT ROLL The proposed assessment and the amount of the assessment apporti ­wšÞ“ š“ ·w; Œ·;­· ©šŒŒ · ·w; !­­;­­š©x­ hEEz-;r ©; shown in Appendix B. The description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will Auditor/Controller, and included on the property tax roll for each parcel shown in the assessment roll for fiscal year 2012-13. Parcel identification, the lines and dimensions of each lot, par District, are inclusive of the parcels as shown on the Alameda C 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 /šÒ“·ä !­­;­­š©x­ ’¦­ Eš©  7;·zŒ;7 7;­-©z¦·zš“ šE the lines and dimensions of each lot and parcel of land within the District. 14 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  !tt9b5L– ! ‘ !{{9{{a9b 5L!Dw!a 15 9“mz“;;©x­ w;¦š©· aä r [“7­-¦; “7 [zmw·z“m 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  !tt9b5L– . ‘ !{{9{{a9b w[[ 16 RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING PRELIMINARY ENGINEER'S REPORT, LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA A WHEREAS, by its Resolution No. 28-12, a Resolution Initiating Proceeding Landscaping Maintenance Assessment District No. 1997-1 (Santa Ri Council designated the Public Works Director as Engineer of Work to make and file a report in writing in accordance with and purs Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 28-12 and which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and finds that eac part of said report is sufficient; and that said report neither any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs maintaining said improvements and of the incidental expenses in contained in said report be, and each of them are hereby prelimi b) That the diagram showing the assessment district, descriptio improvements to be maintained, and the boundaries and dimensions parcels of land within said District, as contained in said repor approved and confirmed; c) That the assessment of the total amount of the cost and expe proposed maintenance of said improvements upon the several lots District in proportion to the estimated benefits to be received respectively, from said maintenance, and of the expenses inciden said report be, and they are hereby preliminarily approved and c PASSED, APPROVED AND ADOPTED this 5th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ ATTEST: Mayor _________________________________ City Clerk RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA) WHEREAS, by its Resolution No. 28-12, a resolution directing preparation report for City of Dublin Landscaping Maintenance Assessment Dis this Council designated the Public Works Director as Engineer of Engineer to make and file a report in writing in accordance with Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 28-12, an which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and each and every thereof, and finds that each and every part of said report is su NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUAN TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its inte Levy of the Districts pursuant to the Act, over and including th boundaries, and to levy and collect assessments on all such land improvements. The City Council finds that the publicÓs best int collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original Di the City of Dublin, within the County of Alameda, State of Calif Section 3 Description of Improvements: The improvements within the Distri operation, maintenance, acquisition and servicing of street ligh within the boundaries of the District. Services provided includ operations, administration and maintenance required to keep the operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2012-2013, the p assessments are outlined in the EngineerÓs Report which details the annual assessment. 1 Section 5 Public Hearing(s): The City Council hereby declares its inten Hearing annually concerning the levy of assessments for the Dist Chapter 3, Section 22626 of the Act. Section 6 Notice: The City Clerk is hereby directed to give notice of sai owners in the District by causing the publishing of this Resolut newspaper published and circulated in the City, for two consecut (10) days before the date of the Public Hearing, and by posting official posting locations customarily used by the City Council interested person may file a written protest with the City Clerk Public Hearing, or, having previously filed a protest, may file A written protest shall state all grounds of objection and a pro contain a description sufficient to identify the property owned Public Hearing, all interested persons shall be afforded the opp Section 7 Notice of Public Hearing: Notice is hereby given that a Publi matters will be held by the City Council on Tuesday, June 19, 2012, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at Section 8 The City Clerk is hereby authorized and directed to give notic provided by law. PASSED, APPROVED, AND ADOPTED this 5th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk 2 Engineer's Report for Street Lighting Maintenance Assessment District No. 1999-1 (Dublin Ranch and Tracts 7067, 7856 & 8024) Fiscal Year 2012-13 For the City of Dublin Alameda County, California May 29, 2012 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  Table of Contents 1 OVERVIEW .............................................................................. 1 1.1 INTRODUCTION .............................................................. 1 General Description of the District .............................................................. 1 Compliance with the California Constitution .................................................. 1 ......................................................... 2 Summary of Proposed Assessment and Expenditures 2 IMPROVMENTS ...................................................................... 3 3 BUDGET .................................................................................. 5 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE ......................... 4 METHOD OF APPORTIONMENT ........................................... 10 4.1 GENERAL ...................................................................... 10 4.2 BENEFIT ANALYSIS ........................................................ 10 General Benefits................................................................... 10 Special Benefits .................................................................... 10 Non-Assessable Properties .................................................. 11 4.3 ASSESSMENT METHODOLOGY ..................................... 11 5 ASSESSMENT ROLL ............................................................... 13 i 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. DATED: May 29, 2012 BY: K. Dennis Klingelhofer Assessment Engineer R.C.E. No. 50255 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____ day of ________, 2012. City Clerk, City of Dublin County of Alameda, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was approved and confirmed by the City Council of the City of Dublin, California, on the ______ day of ___________, 2012. City Clerk, City of Dublin County of Alameda, California By: ii 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  1 OVERVIEW 1.1 INTRODUCTION w; /z·ä šE 5Ò,Œz“ ›{/z·ä|œ Œ;Ýz;­ “7 -šŒŒ;-·­ ­¦;-ial assessments on parcels within the City of Dublin Street Lighting Maintenance Assessment District No.  ›{5z­·©z-·|œ z“ š©7;© ·š ’z“·z“ ·w; ¦Ò,Œz- street lighting improvements within those areas. 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 as approved by the City C formed. General Description of the District The District was initially formed in 1999 to provide a dedicated source of funding for the ongoing maintenance of public street lighting improvements within the boundaries of the Dublin Ranch development (excepting the golf course). Tract 7067, which is the Clifden Parc development off of Mountain Rose Place in the western hills of the City. The Clifton Park development was annexed to the District in 2000, and Dublin Ranch Areas A and G were annexed in 2001. The remaining portions of Dublin Ranch, including areas B, C, F and H were annexed to the District in December 2005. Fallon Village (Tract 7856) was annexed to the District in 2007, and Jordon Ranch (Tract 8024) was annexed to the District in 2011. One reason for the formation of the new d lighting fixture was designed and installed throughout the area in order to create a community eleme as part of the development. A Diagram showing the exterior boun this Report in Appendix A. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ›{  !-·|œu !ŒŒ ­­;­­’;“·­ described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Arti-Œ; –LLL5 ›{!©·z-Œ; –LLL5|œr which was enacted with the passage of Proposition 218 in November 1996. The formation of this District was initiated by petition from the Developer and the City has determined are compliant with the substantive and procedural requirements o At the time the District was formed, the property owners agreed increasing assessments for each fiscal year to offset increases assessment methodology. Any future increase in the assessment rate in excess of the maxi changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to eac 1 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  Summary of Proposed Assessment and Expenditures A summary of the assessments to be levied for each property type is shown in the table below. Property Type EDU Assessment Basis Factor Rate Single-Family Residential (SFR) 1.00 $ 38.90 Parcel Commercial 5.50 $ 213.95 Acre Exempt, Common Open Space, Public Land 0.00 $ 0.00 Parcel 2 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  2 IMPROVMENTS The District provides for the continued installation, maintenance and servicing street lighting improvements within the public right-of-ways and within public easements within private streets which provide special benefit to parcels and properties within the Dis For the first several years after formation of the District, this District did not incur a significant maintenance cost; however, as the street lights age, the number of repairs are increasing. In addition, a portion of the funds collected from the annual assessments of this District are being set aside for future pole painting costs in a separate improvement fund referred to as a Capital Improvement Fund (CIF). The Fund was established for proposed improvements and expenditu conveniently raised from a single annual assessment. The poles 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 improv As generally defined in the 1972 Act, maintenance and servicing of the street lighting improvements may include one or any combination of the following: 1)The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals. 2)The installation or construction of any facilities which are app or which are necessary or convenient for the maintenance or serv not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or 3)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 improv b)Grading, clearing, removal of debris, the installation, repair o gutters, walls, sidewalks, or paving, or water, irrigation, drai c)The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. d)Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. 4)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 serv e)Any other expenses incidental to the construction, installation, servicing of the improvements; and, f)Costs associated with any elections held for the approval of a new or increased assessment. 3 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. Drawings showing the specific locations of the impršÝ;’;“·­ ©; š© EzŒ; z“ ·w; /z·äx­ 9“mz“;;©z“m Department are area made a part of this report by reference. 4 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  3 BUDGET All public streetlights and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed budget for District is shown on the following page. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements, including all labor, personnel, equipment, materials and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/ (transfer) based upon the estimated expenditures and assessment revenue. Projected budgets are also shown for the next 2 fiscal years. For fiscal year 14-15, the budget assumes a 10% increase for the County contract, and 4% increase for electricity rates The following describes the services and costs shown in the budg DIRECT COSTS: Maintenance ‘ w; -š­· šE š“mšz“m ’z“·;““-; “7 ­;©Ýz-ing 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 /š“·©-· Þz·w !Œ’;7 /šÒ“·ä ‘ The cost of street light maintenance provided from the County of Alameda based on the current Fiscal Year contract. California Street Light Association ‘ w; -š­· šE {·©;;· [zmw· !­­š-z·zš“ 7Ò;­ ,­;7 š“ ©;Œ·zÝ; “Ò of lights within the District. Utilities Electricity ‘ The cost of street light electrical energy use, including miscel Miscellaneous Expenses ‘ /š­·­ ·w· -““š· ;­zŒä ,; -·;mš©zé;7 z“·š “ä šE ·w; š·w;© defined above. ADMINISTRATIVE COSTS: District Administration, Consulting ‘ w; -š­·­ šE -š“·©-·z“m Þz·w ¦©šE;­­zš“Œ­ ·š ¦©šÝz7; ­;©Ýz-; specific to the levy administration, including prepar·zš“ šE ·w; 9“mz“;;©x­ w;¦š©·r ©;­šŒÒ·zš“­r “7 Œ;Ýä 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 ‘ w; -š­· šE ­;©Ýz-;­ ¦©šÝz7;7 ·š 7’z“z­·;© ·w; 5z­·©z-· E©š’ Works department of the City of Dublin. County per Parcel Fee ‘ w; -š­· ·š ·w; 5z­·©z-· Eš© ·w; /šÒ“·ä ·š -šŒŒ;-· ­­;­­’;“·­ tax bills. 5 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  6 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  LEVY BREAKDOWN: Reserve Collection/(Transfer) ‘ w; Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balan 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) ‘ w; Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessme proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned 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 (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 -©;7z·;7 ,-‰ ·š ·w; 5z­·©z-·x­ ©;mҌ© --šÒ“·­u we 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) ‘ wz­ z·;’ ©;¦©;­;“·­ ©;¦ä’;“·­ šE ’šÒ“·­ ·w· w7 been temporarily advanced to the District from other revenue sou represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection/(Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current Fiscal Year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current Fiscal Year for special services or capital improvements (upgrades or refurbishi 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 7 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  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 revenue Delinquency Contingency ‘ wz­ z­ ·w; ;­·z’·;7 ’šÒ“· 7;­zm“·;7 Eš© 7;Œz“¨Ò;“· ¦©š¦;©· payments that the County is unable to collect in Fiscal Year 2011/2012. Other Revenue/General Fund (Contributions) ‘ wz­ z·;’ z“-ŒÒ7;­ 77z·zš“Œ Eғ7­ 7;­zm“·;7 Eš© ·w; 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 ‘ wz­ z­ ·w; ·š·Œ ’šÒ“· ·š ,; -šŒŒ;-·;7 for the current Fiscal Year through the annual assessments (for special benefits). The Balance to Levy represen Administration Costs, Reserve Fund Contributions or Transfers, C 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 ‘ w; ·š·Œ “Ò’,;© šE ¦©-;Œ­ Þz·wz“ ·w; 5z­·©z-· ·w· ÞzŒŒ ©;-; benefits during the current Fiscal Year. Total EDUs ‘ w; ·š·Œ 9¨ÒzÝŒ;“· 5Þ;ŒŒz“m …“z·­ Þz·wz“ the District applied to the parcels described above. Levy per EDU ‘ wz­ ’šÒ“· ©;¦©;­;“·­ ·w; ©·; ,;z“m ¦¦Œz;7 ·š ;-w ¦©-;Œx­ z“7zÝz7ÒŒ 95… E-·š©u w; [;Ýä ¦;© 95… z­ ·w; ©;­ÒŒ· šE 7zÝz7z“m ·w; {{¦;-zŒ !­­;­­’; District for the fiscal year. Maximum Levy per EDU ‘ wz­ z­ ·w; ©·; ¦;© 95… ¦¦©šÝ;7 ,ä ¦©š¦;©·ä šÞ“;©­ Þz·wz“ ·w accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE It is recognized that the cost of maintaining the District impro result of inflation. At the time the District was formed, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. 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 ›{L“7;ã|œ Eš© {!ŒŒ …©,“ ‘m; 9©“;©­ “7 /Œ;©z-Œ ‘š©‰;©­| ›¦¦Œz;­ ·š ŒŒ -š­·­ ;ã-;¦· ;Œ;-·©z-z·äœr ¦ŒÒ­ 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. 8 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  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. The table below shows the calculations for the adjustment to the Maximum Allowable Assessment for Fiscal Year 2012-13. 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. 9 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  4 METHOD OF APPORTIONMENT 4.1 GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further req improvements be levied according to benefit rather than assessed {w; “;· ’šÒ“· ·š ,; ­­;­­;7 Ò¦š“ Œ“7­ Þz·wz“ an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel E©š’ ·w; z’¦©šÝ;’;“·­u| The formula used for calculating assessments in the District the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4: {No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable and an agency shall separate the general benefits from the spe-zŒ ,;“;Ez·­ -š“E;©©;7 š“  ¦©-;Œu| 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the Cit have been proportionately spread to each parcel based on special improvements as determined at the time the District was establis Ð D;“;©Œ .;“;Ez·­In reviewing each of the District improvements, the proximity of improvements to both properties within the District and those ou 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 improv 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. {¦;-zŒ .;“;Ez·­ “ w; ’;·wš7 šE ¦¦š©·zš“’;“· ›’;·wš7 šE ­­;­­’;“·œ ;­·,Œz­w;7 on the premise that each assessed parcel within the District rec improvements and the desirability and security of those properties is enhanced by the presence of public lighting in close proximity to those properties. 10 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  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. 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 improveme 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 enhanc has been determined that the lack of funding to properly service improvements would have a negative impact on the properties within the Distr All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. “ ‘z·wz“ ·w; ,šÒ“7©z;­ šE ·w; 5z­·©z-·r ·w;©; ©; ­;Ý;©Œ ·ä¦;­ Non-Assessable Properties properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 1)Publicly owned parcels that are reserved as Public Open Space or are developed as City Parks for active recreation and are maintained and serviced by the Distric 2)Publicly owned wetland parcels; 3)Certain Public Utility parcels; 4)Privately owned open space parcels; and 5)Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcel, of which these "slive at the Residential Zone rate. 4.3 ASSESSMENT METHODOLOGY The special benefits received by each parcel within ·w; 5z­·©z-· “7 ;-w ¦©-;Œx­ ¦©š¦š©·zš“Œ ““ÒŒ assessment are calculated on the basis of a formula known as Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship betw the various parcels within the District and the improvements mai single family residential parcel is assigned 1.0 Equivalent Dwelling Unit (EDU) since it represents more than 85% of the total parcels within the District. 11 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  95…x­ ©; ­­zm“;7 ·š ·w; š·w;© Œ“7 Ò­;­ ,­;7 Ò¦š“ ·w; ¦©š¦;©·äx­ 7;Ý;Œš¦’;“· ­··Ò­r ·ä¦; šE development (County of Alameda land use code) and property size 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 {z“mŒ;C’zŒä w;­z7;“·zŒ ›{Cwœ “ (County land use 1x) This land use identifies properties that ar 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 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. Apartment units are assigned a factor of 1.00 EDU per dwe /š’’;©-zŒ “ (County land use 3x, 8x, 9x) This land use identifies properties improved commercial use and are assigned a factor of 5.50 EDU pe 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, bowling alleys, theaters, vacant commercial land, department stores, discount stores, restaurants, shopping centers, supermarkets, commercial or indus unit, and miscellaneous commercial. /š’’š“ h¦;“ {¦-; “ (County land use 0, 03-05, 65) This land use identifies properti 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 utilities, cemeteries, and planned development common areas. The following formulas are used to calculate each propertyÓs assessme nt: Total Balance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount 12 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  5 ASSESSMENT ROLL The proposed assessment and the amount of the assessment apporti ­wšÞ“ š“ ·w; Œ·;­· ©šŒŒ · ·w; !­­;­­š©x­ hEEz-;r ©; shown in Appendix A. The description of each lot or parcel is part of the records of the Assessor of the County of Solano and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller, and included on the property tax roll for each parcel shown in the assessment roll for fiscal year 20 13. Parcel identification, the lines and dimensions of each lot, par 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 /šÒ“·ä !­­;­­š©x­ ’¦­ Eš©  7;·zŒ;7 7;­-©z¦·zš“ šE the lines and dimensions of each lot and parcel of land within the District. 13 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  !tt9b5L– ! ‘ !{{9{{a9b 5L!Dw!a 14 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  15 9“mz“;;©x­ w;¦š©· aä r {·©;;· [zmw·z“m az“·;““-; 5z­·©z-· bšu  /z·ä šE 5Ò,Œz“ Cz­-Œ —;©  !tt9b5L– . ‘ !{{9{{a9b w[[ 16 RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1 WHEREAS, by its Resolution No. 29-12, a Resolution Directing Preparation Report for City of Dublin Street Lighting Maintenance Assessment Ranch (the "District"), this Council designated the Public Works and ordered said Engineer to make and file a report in writing i to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 29-12and which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and finds that eac part of said report is sufficient; and that said report neither any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs acquisition of improvements and maintaining said improvements an connection therewith, as contained in said report be, and each o approved and confirmed; b) That the diagram showing the assessment district, descriptio improvements to be acquired and maintained, and the boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and it is hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expe proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits parcels, respectively, from said acquisition and maintenance, an thereto, as contained in said report be, and they are hereby pre confirmed. PASSED, APPROVED AND ADOPTED this 5th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ ATTEST: Mayor _________________________________ City Clerk RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1999-1 WHEREAS, by its Resolution No. 29-12, a resolution directing preparation report for City of Dublin Street Lighting Maintenance Assessment this Council designated the Public Works Director as Engineer of Engineer to make and file a report in writing in accordance with Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution No. 29-12, an which report has been presented to this Council for consideratio WHEREAS, said Council has duly considered said report and each and every thereof, and finds that each and every part of said report is su NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUAN TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its inte Levy of the Districts pursuant to the Act, over and including th boundaries, and to levy and collect assessments on all such land improvements. The City Council finds that the publicÓs best int collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original Di the City of Dublin, within the County of Alameda, State of Calif Section 3 Description of Improvements: The improvements within the Distri operation, maintenance, acquisition and servicing of street ligh within the boundaries of the District. Services provided includ operations, administration and maintenance required to keep the operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2012-2013, the p assessments are outlined in the EngineerÓs Report which details the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its inten Hearing annually concerning the levy of assessments for the Dist Chapter 3, Section 22626 of the Act. 1 Section 6 Notice: The City Clerk is hereby directed to give notice of sai owners in the District by causing the publishing of this Resolut newspaper published and circulated in the City, for two consecut (10) days before the date of the Public Hearing, and by posting official posting locations customarily used by the City Council interested person may file a written protest with the City Clerk Public Hearing, or, having previously filed a protest, may file A written protest shall state all grounds of objection and a pro contain a description sufficient to identify the property owned Public Hearing, all interested persons shall be afforded the opp Section 7 Notice of Public Hearing: Notice is hereby given that a Publi matters will be held by the City Council on Tuesday, June 19, 2012, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at Section 8 The City Clerk is hereby authorized and directed to give notic provided by law. PASSED, APPROVED, AND ADOPTED this 5th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk 2