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Home My WebLink About4.14 Street Lite AD Budget Changeor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL August 20, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' Budget Changes for Street Lighting Assessment Districts Prepared by Steven Yee, Public Works Manager EXECUTIVE SUMMARY: CITY CLERK File #360 -20 The City Council conducted public hearings for the Citywide Street Lighting Maintenance Assessment Districts at the June 18, 2013, meeting. Attached were budget change forms scheduled to be approved at a future City Council meeting. This Staff Report recommends that the City Council approve the budget changes for the City Street Lighting Assessment Districts that were a part of Item No. 6.3 of the June 18, 2013, City Council meeting. FINANCIAL IMPACT: There are sufficient funds in FY 2013 -2014 Budget to approve the budget changes in Citywide Street Lighting Maintenance Assessment District No. 1983 -1 and Street Lighting Maintenance Assessment District No. 1999 -1. RECOMMENDATION: Staff recommends that the City Council approve the budget changes for City Street Lighting Assessment Districts that were a part of Item No. 6.3 of the June 18, 2013, City Council meeting. Submitted By Director of Public Works DESCRIPTION: t� Reviewed By Assistant City Manager At the June 18, 2013 City Council meeting, the City Council conducted public hearings for each of the City's five Assessment Districts, including the Citywide Street Lighting Maintenance Assessment District No. 1983 -1 and Street Lighting Maintenance Assessment District No. 1999- 1 (Dublin Ranch Area and Tracts 7067, 7586, 8024, 8073, 8074). The public hearings included two budget change forms for the two street lighting assessment districts that were to be approved at a future City Council meeting. FY 2013 -2014 budget was Page 1 of 2 ITEM NO. 4.14 originally completed with placeholders for costs /rebates associated with the LED street light conversion project. The scope of work was modified causing a change in budgeted amounts for the street lighting assessment districts. As there is sufficient funding in AD 99 -1, the entire cost of the LED street light conversion project will be paid off in Fiscal Year 13 -14. Additionally, the ISF charge for both street lighting districts' improvements were removed as it has not been standard practice to include this charge to the districts and the districts have contingency amounts already set aside. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None. ATTACHMENTS: 1. June 18, 2013 Staff Report for Public Hearings: Citywide Street Lighting Maintenance Assessment District 83 -1; Landscaping and Lighting Maintenance Assessment District 83 -2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District 86 -1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97 -1 (Santa Rita Area); Street Lighting Maintenance Assessment District 99 -1 (Dublin Ranch Area and Tracts 7067, 75867 80247 80737 8074) Page 2 of 2 or 19 82 /ii � 111 DATE: June 18, 2013 STAFF REPORT CITY COUNCIL CITY CLERK File #360 -20 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo City Manager""' " SUBJECT: Public Hearings: Citywide Street Lighting Maintenance Assessment District 83 -1; Landscaping and Lighting Maintenance Assessment District 83 -2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District 86 -1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97 -1 (Santa Rita Area); Street Lighting Maintenance Assessment District 99 -1 (Dublin Ranch Area and Tracts 7067, 75867 80247 80737 8074) Prepared by Steven Yee, Public Works Manager EXECUTIVE SUMMARY: The City Council will consider approving the Engineer's Reports and the levy of special assessments in each of the five maintenance districts for Fiscal Year 2013 -2014. A public hearing is required. Maintenance Assessment Districts allow for the collection of special assessments on the property tax bill. These assessments can only be used to pay for the identified activities benefiting the properties assessed. The amount of the assessment will vary based on several factors including: the cost projected to maintain the improvements, approved annual adjustment factors; existing balances collected in prior years; and the number and type of properties. FINANCIAL IMPACT: A complete description of beginning balances, revenue and expenditures of each District is provided on Attachment 1 to the Staff Report. Revenue and Expenditures for each Assessment District are tracked separately. There are minor differences anticipated between the Engineer's Report and the proposed budget. Page 1 of 8 ITEM NO. 6.3 SUMMARY PRELIMINARY ASSESSMENT DISTRICT 2013/2014 REVENUE & EXPENDITURES Citywide Stagecoach Rd I Dougherty Rd I Santa Rita I East Dublin East Dublin (St Light) 83 -1' Landscape 83 -2 Landscape 86 -1 Landscape 97 -1 (St Light) (St Light 99 -1 99 -1 CIF 1. Variance compared to proposed budget is due to PG &E energy rebate that is accounted as revenue instead of offsetting expenditures; not accounted for equipment replacement ISF charge allocation 2. Variance compared to proposed budget is due to PG &E energy rebate that is accounted as revenue instead of offsetting expenditures; not accounted for equipment replacement ISF charge allocation; paying off debt servicing charges in year 1 instead of amortized for a 15 -year period 3. Funds transferred in from Operating Reserve Fund A budget change will be required for the two street light assessment districts. The budget was completed with placeholders for costs /rebates associated with the LED street light conversion project. The scope of work was modified causing a change in budgeted amounts on the attached budget change forms (Attachment 2 and 3). As there was sufficient funding in AD 99 -1, the entire cost of the LED street light conversion project will be paid off in Fiscal Year 13 -14. Additionally, the ISF charge for both street lighting district's improvements were removed as it has not been standard practice to include this charge to the districts and the districts have contingency amounts already set aside. RECOMMENDATION: Staff recommends that the City Council conduct Public Hearings for each of the five Assessment Districts; deliberate; and take the following actions: Adopt resolutions approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for: • Citywide Street Lighting Maintenance Assessment District No. 1983 -1 • Landscaping and Lighting Maintenance Assessment District No. 1983 -2 (Tract 4719) • Landscaping and Lighting Maintenance Assessment District No. 1986 -1 (Villages at Willow Creek) • Landscaping and Lighting Maintenance Assessment District No. 1997 -1 (Santa Rita Area) • Street Lighting Maintenance Assessment District No. 1999 -1 (Dublin Ranch Area and Tracts 7067, 7586, 8024, 8073, 8074) Page 2 of 8 Submit ed By Public Works Director DESCRIPTION: a Submitted By \ � Administrative Services Director Reviewed y Assistant City Manager At the City Council meeting on June 4, 2013, the City Council received the Preliminary Engineer's Reports for each of the five maintenance assessment districts. As background, the Staff Report which included historical information related to each district has been included as Attachment 4. The following sections focus on the Fiscal Year 2013 -2014 activities and the change in the assessment amount. Citywide Street Lighting Maintenance Assessment District No. 1983 -1 This assessment district was established in 1983 to address City -wide street lighting expenses. The boundary of this assessment district encompasses the entire City, with the exception of the Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, 8074. The City Council approved formation of this District on August 2, 1983, with the initial assessment in the 1984 -1985 tax year. The District funds the maintenance and energy costs for public street lights. Included in these costs is the retention of a reserve to fund maintenance activities. The maximum assessment allowed under the authorizing documents is $19.34 per unit. This amount has been levied since Fiscal Year 2007 -2008. There is no provision in the formation documents to increase the per unit levy. Citvwide Street Liahtina Maintenance Assessment District No. 1983 -1 Property Type Current Fiscal Year 2012 -2013 Proposed Fiscal Year 2013 -2014 Annual Change ($) Equivalent Dwelling Unit (EDU) $ 19.34 $ 19.34 No Change Commercial Per Acre $106.37 per acre $106.37 per acre No Change As noted in the Engineer's Report (Attachment 5), an operating reserve of approximately $156,410 is projected to remain at the end of Fiscal Year 2012 -2013. 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. In Fiscal Year 2012 -2013, 2,821 street lights in the district were retrofitted with new light emitting diode (LED) fixtures. The cost of these improvements is being financed by a 14 year loan. Savings from operations and maintenance as well as electricity costs generated by the project will be used to pay back the loan. These payments will fluctuate on a yearly basis to ensure that, in any given year, the savings generated from the improvements will be greater than the loan payment. Staff is proposing that the City Council hold the public hearing, deliberate, and adopt the resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Page 3 of 8 Levy of Assessment for Citywide Street Lighting Maintenance Assessment District No. 1983 -1 (Attachment 6 ). Landscaping Maintenance Assessment District No. 1983 -2 (Tract 4719) This District was created in 1983 and it addresses landscaping in the development adjacent to Stagecoach Road which includes 150 -unit single - family homes (Dublin Hills Estates) and 550 apartment / condominiums ( Amador Lakes). The landscaping maintained includes areas along Stagecoach Road and the interior slope landscaping adjacent to the single family homes. The costs and assessments are allocated 61.6% to the single - family homes of Dublin Hills Estates and 38.4% to the apartment / condominium project. In addition to on -going maintenance and utility costs, the Preliminary Budget for Fiscal Year 2013 -2014 includes $3,980 for improvements. The proposed work includes replanting median strips and park strips along Stagecoach Road, replacing groundcover on a slope along Stagecoach Road, and replacing a deteriorating wooden retaining wall with a stone mason wall. The assessment methodology approved in Fiscal Year 2003 -2004 by property owners in the District includes an escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and the utility cost increases. The cost of utilities may increase based on the actual cost of the utilities. These factors are updated in the Engineer's Report (Attachment 7) on an annual basis. The maximum assessment in the Engineer's Report for Fiscal Year 2013 -2014 adjusted by the approved adjustment formula is $396.08 per single family residence and $66.97 per Multi - Family residence. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. Although the assessment for FY2013 -2014 is proposed to increase by 1.6% it remains below the maximum levy allowed. The following displays the current and proposed assessment: Stagecoach Road Assessments (District 1983 -2) Property Type Current Fiscal Year 2012 -2013 Proposed Fiscal Year 2013 -2014 Annual Change ($) Dublin Hills Estates — Single Family Homes $317.64 $322.84 $5.20 Amador Lakes — Apt / Condominiums $53.69 $54.57 $0.88 The estimated June 30, 2013, reserve for this District is projected to be $38,409. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. A newsletter was mailed to property owners in the beginning of June and a neighborhood meeting was held on June 13. Staff is proposing that the City Council hold the public hearing, deliberate, and adopt the resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Landscaping and Lighting Maintenance Assessment District No. 1983 -2 (Attachment 8). Page 4 of 8 Landscaping and Lighting Maintenance Assessment District No. 1986 -1 (Villages at Willow Creek) This District was created in 1986 and it addresses landscape maintenance adjacent to residential development on the west side of Dougherty Road from Amador Valley Boulevard to the northern City limit. The work performed by this District includes work within public areas such as: litter pickup, maintenance of soundwalls, and landscaping maintenance. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association or property owner for those individual developments. The landscaping along and within the Alamo Creek channel area is not included in the assessment district as it is the responsibility of Alameda County Flood Control, Zone 7. In addition to on -going maintenance and utility costs, the Preliminary Budget for Fiscal Year 2013 -2014 includes $14,330 for improvements. The proposed work includes the replacement broken panels of wrought iron fence along Willow Creek and Wildwood Road, 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 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 (Attachment 9) on an annual basis. The maximum assessment in the Engineer's Report for Fiscal Year 2013 -2014 adjusted by the approved adjustment formula is $196.56 per single family residence, $98.28 per Multi - Family residence, and $786.24 for the commercial parcel. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. Although the assessment for FY2013 -2014 is proposed to increase by 7.5% it remains below the maximum levy allowed. The following displays the current and proposed assessment: Villaaes At Willow Creek Assessments (District 1986 -11 Property Type Current Fiscal Year 2012 -2013 Proposed Fiscal Year 2013 -2014 Annual Change ($) Single Family Homes $173.38 $186.38 $13.00 Amador Lakes — Apt / Condominiums $86.69 $93.19 $6.50 Commercial $693.52 $745.52 $52.00 The estimated June 30, 2013, reserve for this District is projected to be $67,575. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. A newsletter was mailed to property owners in the beginning of June and a neighborhood meeting was held on June 13. Staff is proposing that the City Council hold the public hearing, deliberate, and adopt the resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Landscaping and Lighting Maintenance Assessment District No. 1986 -1 (Attachment 10). Page 5 of 8 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, to maintain certain landscaped areas within the public right -of way. The area covered by this District is bounded by Gleason Drive on the North and Interstate 580 on the South, Arnold Road on the West and Tassajara Road on the east. The scope of work includes maintenance of roadside 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 2013 -2014, the preliminary budget includes $14,830 for improvements. These include plant replacements on Arnold Road, Hacienda Drive, Central Boulevard, and Dublin Boulevard. Mulch and plants will be added along Gleason Drive, Killian Drive, and Central Parkway. The total developed acreage in this District is 416.76 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 2013 -2014 adjusted by the approved adjustment formula is $1,157.65 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 2013 -2014 activities equates to $723.80 per acre. This assessment is an increase of $17.65 per acre or 2.5% more than the prior year's assessment. The density of the various housing units differ the allocation on a per acre basis and result in different assessments as shown below: Santa Rita Area Assessments (District 1997 -11 Property Type Current Fiscal Year 2012 -2013 Proposed Fiscal Year 2013 -2014 Annual Change ($) California Creekside single - family $100.40 per lot $102.92 per lot $2.52 California Brookside multi - family $43.50 per lot $44.60 per lot $1.10 SummerGlen - Richmond American (north) Single Family $87.92 per lot $90.12 per lot $2.20 SummerGlen - Richmond American (south) $96.75per lot $99.18 per lot $2.43 SummerGlen - Kaufman & Broad $134.64 per lot $138.02 per lot $3.38 SummerGlen - Pulte $168.94 per lot $173.16 per lot $4.22 Dublin Greene Tract 7084 single - family $106.36 per lot $109.02 per lot $2.66 Dublin Greene Tract 7149 multi - family $80.08 per unit $82.08 per unit $2.00 Dublin Greene Tract 7149 condominium /apartment $41.74 per unit $42.78 per unit $1.04 Commercial (including retail, office, and industrial uses, as well as apartment properties) $ 706.15 Per Acre $ 723.80 Per Acre $17.65 Page 6 of 8 The estimated June 30, 2013, reserve for this District is projected to be $211,897. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. A newsletter was mailed to property owners in the beginning of June and a neighborhood meeting was held on June 13. Staff is proposing that the City Council hold the public hearing, deliberate, and adopt the resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Landscaping and Lighting Maintenance Assessment District No. 1997 -1 (Attachment 12). Street Lighting Maintenance Assessment District No. 1999 -1 Assessment District 99 -1 funds the electric energy, maintenance, and repair costs associated with the street lighting that has been installed in the Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, 8074. The City Council approved formation of this District on June 1, 1999 at the request of the developers in Dublin Ranch, which were the only property owners in the District at that time. The initial assessment was levied in Fiscal Year 1999 -2000. 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 Capital Improvement Fund (CIF) reserve set aside to pay for improvement projects outside the normal operations and maintenance costs. In Fiscal Year 2012 -2013, 321 street lights in the district were retrofitted with more energy efficient Light Emitting Diode (LED) fixtures. In addition, 128 street light poles were repainted in the district. The cost of these improvements was funded through a one -time payment from the district's 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 2013 -2014 adjusted by the approved adjustment formula is $47.94 per single family residence and $263.67 per acre for commercial parcels. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. No increase for the FY 2013 -2014 assessment is proposed. The following assessments remain constant from FY 2012 -2013. The Engineer's Report (Attachment 13) notes that although the Assessment District formula establishes a maximum cost that can be levied, based on planned expenditures the assessment required to fund Fiscal Year 2013 -2014 expenditures remains unchanged. Street Liahtina Assessments (District 1999 -1) Property Type Current Fiscal Year 2012 -2013 Proposed Fiscal Year 2013 -2014 Annual Change ($) Equivalent Dwelling Unit (EDU) $ 38.90 $ 38.90 No Change Commercial Per Acre $213.95 per acre $213.95 per acre No Change Page 7 of 8 The estimated June 30, 2013, reserve for this District is projected to be $207,229, 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 hold the public hearing, deliberate, and adopt the resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Street Lighting Maintenance Assessment District No. 1999 -1 (Attachment 14). NOTICING REQUIREMENTS /PUBLIC OUTREACH: As described in the report for the Landscape Maintenance Assessment Districts, a Newsletter was mailed to property owners and Staff was available for an evening meeting to answer any questions. ATTACHMENTS: 1. 2013 -2014 Sources and Use of Assessment District Funds 2. Budget Change Form for AD 83 -1 3. Budget Change Form for AD 99 -1 4. June 4, 2013 Staff Report (Excluding Attachments) 5. Engineer's Report for AD 83 -1 6. Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 83 -1 7. Engineer's Report for AD 83 -2 8. Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 83 -2 9. Engineer's Report for AD 86 -1 10. Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 86 -1 11. Engineer's Report for AD 97 -1 12. Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 97 -1 13. Engineer's Report for AD 99 -1 14. Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for AD 99 -1 Page 8 of 8 ATTACHMENT 2013 -2014 Sources and Use of Assessment District Funds as Presented in the Engineering Reports June 4, 2013 1. All debt obligations for this district will have been satisfied with this payment Citywide Stagecoach Dougherty Santa Rita East Dublin East Dublin (St Light) Rd Landscape Rd Landscape (St Light) (St Light) 83 -1 83 -2 Landscape 97 -1 99 -1 99 -1 CIF 86 -1 Estimated Beginning $156,410 $38,409 $ 67,575 $211,897 $207,229 $215,055 Balance July 1, 2013 REVENUE Total Amount Proposed $285,114 $ 78,601 $121,427 $301,652 $214,975 to be Assessed: Estimated Delinquency $(2,851) - $ (525) $(4,904) $( 2,050) Cost: LED Conversion $210,775 - $39,950 Rebate Total Revenue $493,038 78;601 $120;902 $296,748 $252,875 $162,864 EXPENDITURES Contract Maintenance $153,480 $ 74,117 $125,650 $316,550 $149,183 and Utilities: Administration (transfer) $7,247 3,034 $3,317 $5,049 $5,208 and Engineering: Estimated Collection $4,580 1,450 $2,140 $5,330 $3,520 Cost: Annual LED $339,690 Repayment Contribution To Capital $162,864 Improvement Fund: Pole Painting Project (Cost Removed from ($30,000) Pole Painting Reserve): One -Time LED � ($283,800) Repayment Total Expenditures $564,997 $ 78;601 $'1311,107 $326,929 $320;772 $313,800 Projected (Use) / Contribution To District ($ 11,959) - ($ 10,205) ($30,181) ($139,332) ($150,136) Reserves Estimated Prior Year Collections, Penalties, $6,400 - $1,220 $2,119 $6,322 and Public Damage Reimbursement': Estimated Interest $2,422 $384 $1,014 $3,178 $3,108 Revenue : 1 Projected Ending Balance June 30, 2014 $ 153,197 $ 38,793 $ 59,603 $187,014 $148,759 $64,119 1. All debt obligations for this district will have been satisfied with this payment CITY OF DUBLIN BUDGET CHANGE FORM New Appropriations (City Council Approval Required): x From Unappropriated Reserves (Fund 380) From New Revenues CHANGE FORM # Budget Transfers: From Budgeted Contingent Reserve (1080 - 799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other Fin Mgr /ASD: Signature Date: REASON FOR BUDGET CHANGE ENTRY: The budget was completed with piaceholders for coststrebates associated with the LED street light conversion project. The estimated scope of the work for this street light district was less than had been initially anticipated. Consequently, annual payment amounts decreased and electricity and maintenance savings increased. Although the energy rebate decreased, it was shown as a negative expenditure which results in an increased budget amount. Additionally, the ISF charge of $92,302 for this project has been removed as it has not been standard practice to include this charge to the assessment districts and this district has a operating reserve. City Manager: Signature Date: As Approved at the City Council Meeting an Date, Mayor: Date: Signature Posted By: Date: Signature lh&J� Name: ISF - Equipment Replacement Name: Electric Account #: 2701.2802.61805 $92,302 Account #: 2701.2802.63202 $ 11,026 Name: Energy Lease Na'ne: contract Services General Account #: 2701.2802.63298 $35,816 Account #: 2701.2802.64001 $4,844 Name: Name: Energy Rebates Account #: Account #: 2701.2802.63297 $26,928 Name: Name: Account #: Account #: l' Name: Name: Account #: Account #: Fin Mgr /ASD: Signature Date: REASON FOR BUDGET CHANGE ENTRY: The budget was completed with piaceholders for coststrebates associated with the LED street light conversion project. The estimated scope of the work for this street light district was less than had been initially anticipated. Consequently, annual payment amounts decreased and electricity and maintenance savings increased. Although the energy rebate decreased, it was shown as a negative expenditure which results in an increased budget amount. Additionally, the ISF charge of $92,302 for this project has been removed as it has not been standard practice to include this charge to the assessment districts and this district has a operating reserve. City Manager: Signature Date: As Approved at the City Council Meeting an Date, Mayor: Date: Signature Posted By: Date: Signature lh&J� CITY OF DUBLIN BUDGET CHANGE FORM New Appropriations (City Council Approval Required): x From Unappropriated Reserves (Fund 380) From New Revenues CHANGE FORM # Budget Transfers: From Budgeted Contingent Reserve (1080- 799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other DivCitEASE, t#DGET ACLU INI - ...... AMOUNT ,,, , . „' INCREASE'- $U�G$T 1GtYC}UNT. -.. : -- A1YlQlij IT Name: ISF - Equipment Replacement Name: Energy Lease Account #: 2705.2802.61805 $75,837 Account #. 2705.2802.63298 $259,831 Name: Electric Name: Account #: 2705.2802.63202 $12,940 Account #: Name: Contract Services General Name: Account #: 2705.2802.64001 $4,844 Account #: Name: Energy Rebates Name: Account #: 2705.2802.63297 $24,777 Account #: Name: Name: Account #: Account #: Fin Mgr1ASD: Signature Date: REASON FOR BUDGET CHANGE ENTRY: The budget was completed with placeholders for costs /rebates associated with the LEI] street light conversion project. The estimated scope of the work for this street light district was more than had been initially anticipated. Consequently, savings for maintenance and electricity increased causing a decrease in the budgeted amount. Although the energy rebate amount increased, it was shown as a negative expenditure which results in a decrease in the budgeted amount. As there was sufficient funding in the assessment district's reserves, the entire cost of the LED street light conversion project will be paid off in Fiscal Year 13 -14. Additionally, the ISF charge of $75,937 for this project has been removed as it has not been standard practice to include this charge to the assessment districts and this district has a operating reserve. City Manager: Signature Date: As Appoverl at the City Councl�1?Ieettng on, Date Mayor: Date: Signature Posted By: Date: Signature or 19 82 /ii � 111 DATE: June 4, 2013 STAFF REPORT CITY COUNCIL CITY CLERK File #360 -20 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo City Manager""' " SUBJECT: Approval of Preliminary Engineer's Reports and Appointing a Time and Place of Hearing Protests for 5 Assessment Districts: Citywide Street Lighting Maintenance Assessment District 83 -1; Landscaping and Lighting Maintenance Assessment District 83 -2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District 86 -1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97 -1 (Santa Rita Area); Street Lighting Maintenance Assessment District 99 -1 (Dublin Ranch Area and Tracts 70677 7586, 8024, 8073, 8074) Prepared by Steven Yee, Public Works Manager (Maintenance) EXECUTIVE SUMMARY: This action requests approval of the Preliminary Engineer's Report for the 2013 -14 assessment and sets a public hearing date of June 18, 2013. Citywide Street Lighting Maintenance District 83 -1 pays the cost of energy and maintenance for the City's street light system, except for the lights included in Street Lighting Maintenance Assessment District 99 -1. Landscaping and Lighting Maintenance Assessment District 83 -2 (Stagecoach Road) pays the cost of utilities and maintenance for landscaping improvements along Stagecoach Road and on the interior slopes of the Dublin Hills Estates development. Landscaping and Lighting Maintenance Assessment District No. 86 -1 (Villages at Willow Creek) pays the cost of utilities and maintenance for certain landscaping improvements associated with the Villages at Willow Creek development. Landscaping and Lighting Maintenance Assessment District 97 -1 (Santa Rita Area) pays the cost of utilities and maintenance for certain landscaping improvements within the Santa Rita development area. FINANCIAL IMPACT: A complete description of beginning balances, revenue and expenditures of each District is provided on Attachment 1 to the Staff Report. Revenue and Expenditures for each Assessment District are tracked separately. There are minor differences anticipated between the Engineer's Report and the proposed budget. This will be monitored in the upcoming year and a budget adjustment may be recommended after the closing of the current year budget. Page 1 of 8 ITEM NO. 4.10 SUMMARY PRELIMINARY ASSESSMENT DISTRICT 2013/2014 REVENUE & EXPENDITURES Citywide I Stagecoach Rd Dougherty Rd I Santa Rita East East Dublin (St Light) Landscape 83 -2 Landscape 86 -1 Landscape 97 -1 Dublin (St (St Light 83 -1' Light) 99 -1 99 -1 CIF 1. Variance compared to proposed budget is due to PG &E energy rebate is accounted as revenue instead of offsetting expenditures; not accounted for equipment replacement ISF charge allocation 2. Variance compared to proposed budget is due to PG &E energy rebate is accounted as revenue instead of offsetting expenditures; not accounted for equipment replacement ISF charge allocation; paying off debt servicing charges in year 1 instead of amortized for a 15 -year period 3. Funds transferred in from Operating Reserve Fund RECOMMENDATION: Staff recommends that the City Council adopt resolutions approving the Preliminary Engineer's Reports and setting a public hearing date and time (June 18, 2013, 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 2013 -2014 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); 1997 -1 (Santa Rita Area); an (Dublin Ranch Area and Tracts Submit ed By Public Works Director DESCRIPTION: Landscaping and Lighting Maintenance Assessment District No. d Street Lighting Maintenance Assessment District No. 1999 -1 7067, 7586, 8024, 8073, 8074) a Submitted By \ � Administrative Services Director Reviewed y Assistant City Manager 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 2013 -2014 and set a public hearing date for each assessment district on June 18, 2013 in the City Council Chambers, located at 100 Civic Plaza, Dublin. Page 2 of 8 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 the Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, 8074. The City Council approved formation of this District on August 2, 1983, with the initial assessment in the 1984 -1985 tax year. 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 $19.34 per unit. This amount has been levied since Fiscal Year 2007 -2008. There is no provision in the formation documents to increase the per unit levy. As noted in the Preliminary Engineer's Report (Attachment 2) any increase would require the approval of the property owners subject to the assessment. Therefore the proposed assessment amount for Fiscal Year 2013 -2014 remains the same as Fiscal Year 2012 -2013 as shown below. Citv Street Liahtina Assessments (District 1983 -1) Property Type Current Fiscal Year 2012 -2013 Proposed Fiscal Year 2013 -2014 Annual Change ($) Equivalent Dwelling Unit (EDU) $19.34 $19.34 No Change Commercial Per Acre $106.37 per acre $106.37 per acre No Change As noted in the Engineer's Report (Attachment 2), an operating reserve of approximately $153,787 is projected to remain at the end of Fiscal Year 2012 -2013. 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. In Fiscal Year 2012 -2013, 2,821 street lights in the district were retrofitted with new light emitting diode (LED) fixtures. The cost of these improvements is being financed by a 14 year loan. Savings from operations and maintenance as well as electricity costs generated by the project will be used to pay back the loan. These payments will fluctuate on a yearly basis to ensure that, in any given year, the savings generated from the improvements will be greater than the loan payment. 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). Landscaoina and Liahtina 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 2013 -2014 includes $3,980 for improvements. The proposed work includes replanting median Page 3 of 8 strips and park strips along Stagecoach Road, replacing groundcover on a slope along Stagecoach Road, and replacing a deteriorating wooden retaining wall with a stone mason wall. The assessment methodology approved in Fiscal Year 2003 -2004 by property owners in the District includes an escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and the utility cost increases. The 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 2013 -2014 (Exhibit 5) adjusted by the approved adjustment formula is $396.08 per single family residence and $66.97 per Multi - Family residence. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. Although the assessment for FY2013 -2014 is proposed to increase by 1.6% it remains below the maximum levy allowed. The following displays the current and proposed assessment: Staaecoach Road Assessments (District 1983 -21 Property Type Current Fiscal Year 2012 -2013 Proposed Fiscal Year 2013 -2014 Annual Change ($) Dublin Hills Estates — Single Family Homes $317.64 $322.84 $5.20 Amador Lakes — Apt / Condominiums $53.69 $54.57 $0.88 The estimated June 30, 2013, reserve for this District is projected to be $38,409. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff will be scheduling a neighborhood meeting for property owners prior to the public hearing date for this District. Staff is proposing that the City Council adopt the 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). Landscapina and Liahtina Maintenance Assessment District No. 1986 -1 (Villaaes 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 addition to on -going maintenance and utility costs, the Preliminary Budget for Fiscal Year 2013 -2014 includes $14,330 for improvements. The proposed work includes the replacement broken panels of wrought iron fence along Willow Creek and Wildwood Road, replacement of Page 4 of 8 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 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 2013 -2014 (Exhibit 8) adjusted by the approved adjustment formula is $196.56 per single family residence, $98.28 per Multi - Family residence, and $786.24 for the commercial parcel. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. Although the assessment for FY2013 -2014 is proposed to increase by 7.5% it remains below the maximum levy allowed. The following displays the current and proposed assessment: Villaaes At Willow Creek Assessments (District 1986 -1) Property Type Current Fiscal Year 2012 -2013 Proposed Fiscal Year 2013 -2014 Annual Change ($) Single Family Homes $173.38 $186.38 $13.00 Amador Lakes — Apt / Condominiums $86.69 $93.19 $6.50 Commercial $693.52 $745.52 $52.00 The estimated June 30, 2013, reserve for this District is projected to be $67,575. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff will be scheduling a neighborhood meeting for property owners prior to the public hearing date for this District. Staff is proposing that the City Council adopt the 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). Landscar)ina and Liahtina Maintenance Assessment District No. 1997 -1 (Santa Rita Areal 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 2013 -2014, plant replacement will take place on Arnold Road, Hacienda Drive, Central Boulevard, and Dublin Boulevard. Mulch and plants will be added 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 Page 5 of 8 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 2013 -2014 adjusted by the approved adjustment formula is $1,157.65 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 2013 -2014 activities equates to $723.80 per acre. This assessment is an increase of $17.65 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) The estimated June 30, 2013, reserve for this District is projected to be $211,897. The actual reserve will not be known until the City closes its books and accrues the necessary revenues and expenses. Staff will be mailing out a newsletter and scheduling a neighborhood meeting prior to the public hearing date. Staff is proposing that the City Council adopt the resolutions approving the Preliminary Engineer's Report for Landscaping and Lighting Maintenance Assessment District No. 1997 -1 (Attachment 12) and appointing the time and date for hearing comments of the proposed assessment (Attachment 13). Street Lighting Maintenance Assessment District No. 1999 -1 Assessment District 99 -1 funds the electric energy, maintenance, and repair costs associated with the street lighting that has been installed in the Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, 8074. The City Council approved formation of this District on June 1, 1999 at the request of the developers in Dublin Ranch, which were the only property owners in the District at Page 6 of 8 Current Fiscal Proposed Fiscal Annual Property Type Year 2012 -2013 Year 2013 -2014 Change ($) California Creekside single - family $100.40 per lot $102.92 per lot $2.52 California Brookside multi - family $43.50 per lot $44.60 per lot $1.10 SummerGlen - Richmond American (north) Single Family $87.92 per lot $90.12 per lot $2.20 SummerGlen - Richmond American (south) $96.75per lot $99.18 per lot $2.43 SummerGlen - Kaufman & Broad $134.64 per lot $138.02 per lot $3.38 SummerGlen - Pulte $168.94 per lot $173.16 per lot $4.22 Dublin Greene Tract 7084 single - family $106.36 per lot $109.02 per lot $2.66 Dublin Greene Tract 7149 multi - family $80.08 per unit $82.08 per unit $2.00 Dublin Greene Tract 7149 condominium /apartment $41.74 per unit $42.78 per unit $1.04 Commercial (including retail, office, and industrial uses, as well as $ 706.15 $ 723.80 $17.65 apartment properties) Per Acre Per Acre The estimated June 30, 2013, reserve for this District is projected to be $211,897. 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 Assessment District 99 -1 funds the electric energy, maintenance, and repair costs associated with the street lighting that has been installed in the Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, 8074. The City Council approved formation of this District on June 1, 1999 at the request of the developers in Dublin Ranch, which were the only property owners in the District at Page 6 of 8 that time. The initial assessment was levied in Fiscal Year 1999 -2000. 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 Capital Improvement Fund (CIF) reserve set aside to pay for improvement projects outside the normal operations and maintenance costs. In Fiscal Year 2012 -2013, 321 street lights in the district were retrofitted with more energy efficient Light Emitting Diode (LED) fixtures. In addition, 128 street light poles were repainted in the district. The cost of these improvements was funded through a one -time payment from the district's 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 2013 -2014 (Exhibit 14) adjusted by the approved adjustment formula is $47.94 per single family residence and $263.67 per acre for commercial parcels. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. No increase for the FY 2013 -2014 assessment is proposed. The following assessments remain constant from FY 2012 -2013. The Engineer's Report (Attachment 14) notes that although the Assessment District formula establishes a maximum cost that can be levied, based on planned expenditures the assessment required to fund Fiscal Year 2013 -2014 expenditures remains unchanged. Eastern Dublin & Mountain Rise Place Street Lighting Assessments (District 1999 -1) Property Type Current Fiscal Year 2012 -2013 Proposed Fiscal Year 2013 -2014 Annual Change ($) 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 $207,229, 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. 2013 -2014 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 Page 7 of 8 4. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 18, 2013, 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 18, 2013, 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 18, 2013, 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 18, 2013, 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 18, 2013, 7:00 p.m.) for AD 99 -1 Page 8 of 8 Engineer's Report for Street Lighting Maintenance As s es s ment Dis trict No. 1983 -1 Fiscal Year 2013 -14 For the City of Dublin Alameda County, California May 23, 2013 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 Table of Contents May 23, 2013 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 2 IMPROVEMENTS ..................................................................................................... ..............................3 3 BUDGET ................................................................................................................... ..............................5 4 METHOD OF APPORTIONMENT ............................................................................. .............................10 4.1 GENERAL ........................................................................................................ .............................10 4.2 BENEFIT ANALYSIS .......................................................................................... .............................10 GeneralBenefits ..................................................................................................... .............................10 SpecialBenefits ...................................................................................................... .............................10 Non - Assessable Properties .................................................................................... .............................11 4.3 ASSESSMENT METHODOLOGY ....................................................................... .............................11 5 ASSESSMENT ROLL ................................................................................................. .............................14 Appendix A - Boundary Map Harris & Associates,,, Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT May 23, 2013 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 23, 2013 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 2013. City Clerk, City of Dublin County of Alameda, California M 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 12013. City Clerk, City of Dublin County of Alameda, California M a Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 1 OVERVIEW 1.1 INTRODUCTION May 23, 2013 The City of Dublin ( "City') levies and collects special assessments on parcels within the City of Dublin Street Lighting Maintenance Assessment District No. 1983 -1 ( "District ") to maintain the public street 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 benefits received as approved by the City Council at the time the District was formed. .; „, - 1; The District was created in 1983 to replace the County of Alameda Lighting Service Area within the City of Dublin to fund the maintenance and servicing costs for the City's street lighting system. In 1995- 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. 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 ( "1972 Act "). All assessments 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 Article XIIID ( "Article XIIID"), 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) exempted: "Any assessment imposed exclusively to finance the capital costs or maintenance 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 approval process set forth in Section 4." The City has determined that the annual assessments originally established for the District were for the 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 amount of the assessment has not increased since the passage of Proposition 218. Harris Associates . 1 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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. NIIIIIII A summary of the assessments to be levied for each property type are shown in the table below. Based upon the estimated expenditures, the transfer which will be needed from the Fund Balance is also shown for fiscal year 2013 -14, and as well as the projected fund balance as of June 30, 2014. 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 match assessment revenues or the City will need to make a contribution to the District from other available funds, or increase in the current assessment rate. Property Type Assessment Rate Basis Single - Family Residential (SFR) $ 19.34 Parcel Condominium Unit $ 19.34 Unit Duplex, Multi - Family Residential $ 38.64 Parcel Triplex, Multi - Family Residential $ 58.02 Parcel Fourplex, Multi - Family Residential $ 77.36 Parcel Apartments, Multi - Family Residential $ 116.04 Parcel Commercial /Industrial /Institutional $ 106.37 Acre Rural $ 9.67 Parcel Exempt, Cemeteries, Common Open Space $ 0.00 Parcel Harris Associates . 2 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 2 IMPROVEMENTS May 23, 2013 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. In fiscal year 2012 -13, 2,821 street lights in the district were retrofitted with new light emitting diode (LED) fixtures. The total construction cost for these improvements is $2,050,868. As part of this retrofit, the district received a one -time rebate amount of $210,775 from Pacific Gas & Electric (PG &E). The savings generated by this project for FY 13 -14 are anticipated to be $42,156 for operations and maintenance costs and $114,530 for electricity costs. 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 appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 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 improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) 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 services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. Pursuant to the 1972 Act: Harris Associates. 3 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. A portion of funds collected from the annual assessments of this District may 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. Harris Associates . 4 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 3 BUDGET May 23, 2013 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 District's Fund Balance to fund the shortfall in assessment 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 increases in costs have increased much quicker than the increase in assessment revenue as a result of growth. w M - "• The proposed budget for the 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) 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. For fiscal year 14 -15, the budget assumes a 10% increase for the County contract, and 4% increase for electricity rates The total cost of the LED improvements is $2,050,868 which is being financed through a 14 year loan. As seen in the budget summary, a contribution will be required from the fund balance for Fiscal Year 2013 -14. Based upon the projected costs for maintenance and servicing in future years, the transfer from the fund balance is expected to decrease in future years as a result of the savings from the Harris & Associates - 5 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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 budget. DIRECT COSTS: Maintenance — The cost of ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. In addition, a portion of this cost is set aside as a contingency amount for large repairs. Contract with Alameda County — The cost of street light maintenance provided from the County of Alameda based on the current Fiscal Year contract. LED Conversion Project — Utilities Savings - Electricity cost savings generated from LED conversion project California Street Light Association —The cost of Street Light Association dues based on relative number of lights within the District. LED Conversion Project - PG &E Rebates — One -time rebate from PG &E for installation of LED fixtures Utilities Electricity —The cost of street light electrical energy use, including miscellaneous PG &E charges Miscellaneous Expenses — Costs that cannot easily be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: District Administration, Consulting — The costs of contracting with professionals to provide services specific to the levy administration, including preparation of the Engineer's Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration — The cost of services provided to administer the District from the Public Works department of the City of Dublin. County per Parcel Fee — The cost to the District for the County to collect assessments on the property tax bills. Harris & Associates, A Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 Fund Balance Information City of Dublin Street Lighting Maintenance Assessment District 1983 -1 $ 134,728 $ 156,410 Approved Estimated Proposed $ Forecast Reserve Fund Adjustments Forecast (43,734) Budget FY Expenses Budget FY Budget FY Budget FY (26,571) $ 2012 -13 FY 2012 -13 $ 2013 -14 $ 2014 -15 $ 2015 -16 DIRECT COSTS 6,400 $ 6,400 Interest $ 2,021 $ 2,346 $ 2,346 Operating Supplies $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 Contract with Alameda County $ 81,020 $ 53,970 $ 81,020 $ 89,122 $ 98,034 LED Conversion Project - O &M Savings $ (42,156) $ (46,372) $ (51,009) California Street Light Association $ 870 $ 830 $ 870 $ 870 $ 870 Utilities - Electricity $ 213,100 $ 204,780 $ 216,276 $ 224,927 $ 233,924 LED Conversion Project- Utilities Savings $ (114,530) $ (119,111) $ (123,876) Miscellaneous Expenses $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 TOTAL DIRECT $ 306,990 $ 271,580 $ 153,480 $ 161,436 $ 169,943 ADMINISTRATION COSTS District Administration $ 4,860 $ 4,860 $ 4,860 $ 4,860 $ 4,860 Public Works Administration $ 2,387 $ 2,387 $ 2,387 $ 2,387 $ 2,387 County per Parcel Fee $ 4,550 $ 4,550 $ 4,580 $ 4,580 $ 4,580 TOTAL ADMINISTRATION $ 11,797 $ 11,797 $ 11,827 $ 11,827 $ 11,827 COLLECTIONS /(CREDITS) APPLIED TO LEVY TOTAL DIRECTAND ADMIN COSTS $ 318,787 $ 283,377 $ 165,307 $ 173,263 $ 181,770 Reserve Collection /(Transfer) $ (43,734) $ (7,647) $ (11,959) $ (26,571) $ (37,565) Capital Improvement Fund Collection /(Transfer) $ $ $ - $ - $ - LED Conversion Project- Loan Repayment $ $ $ 339,690 $ 137,793 $ 142,502 Delinquency Contingency $ 2,778 2778 $ 2,851 $ 2,874 $ 2,896 LED Conversion Project- PG &E Rebate $ - $ - $ (210,775) $ - $ TOTAL ADJUSTMENTS $ (40,956) $ (4,869) $ 119,807 $ 114,096 $ 107,833 Balance to Levy (Budgeted) $ 277,832 $ 277,832 $ 285,114 $ 287,359 $ 289,603 Actual Collection Variance $ 676 APPLIED CHARGE $ 277,832 $ 278,508 $ 285,114 $ 287,359 $ 289,603 Total Revenue at Maximum Rate $ 277,832 $ 278,508 $ 285,114 $ 285,114 $ 285,114 Variance above /(below) Maximum Revenue $ - $ - $ - $ 2,244 $ 4,489 DISTRICTS STATISTICS Total Parcels 11,224 11,336 11,605 11,721 11,837 Total Parcels Levied 10,512 10,616 10,804 10,920 11,036 Total Equivalent Benefit Units 14,365.65 14,400.64 14,742.22 14,858.27 14,974.32 Proposed Levy per EBU $ 19.34 $ 19.34 $ 19.34 Applied Levy per EDU $ 19.34 $ 19.34 $ 19.34 $ 19.34 $ 19.34 Levy per EDU to fully fund $ 22.00 $ 19.49 $ 19.76 $ 20.74 $ 21.46 Fund Balance Information Est. Beginning Reserve Fund Balance $ 134,728 $ 156,410 $156,410 $ 153,197 $ 135,324 Reserve Fund Adjustments $ (43,734) $ (7,647) $ (11,959) $ (26,571) $ (37,565) Prior /Penalities /Public Damage $ 6,400 $ 2,678 $ 6,400 $ 6,400 $ 6,400 Interest $ 2,021 $ 2,346 $ 2,346 $ 2,298 $ 2,030 Projected Reserve Balance end of year $ 99,415 $156,410 $ 153,197 $ 135,324 $ 106,189 Harris & Associates- 7 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 LEVY BREAKDOWN: May 23, 2013 Reserve Collection /(Transfer) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non - District accounts to pay for operational expenses during the first half of the Fiscal Year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection /(Transfer) — The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District's regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget. LED Conversion Project — Loan Repayment — Annual payments for the cost of LED conversion project. May fluctuate based on savings generated to ensure a net savings every year General Fund Loans Repayment /(Advances) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection/ (Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current Fiscal Year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current Fiscal Year for Harris & Associates, NN' Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and /or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues. Delinquency Contingency — This is the estimated amount designated for delinquent property tax payments that the County is unable to collect in Fiscal Year 2012/2013. LED Conversion Project - PG &E Rebates - One -time rebate from PG &E for installation of LED fixtures Other Revenue /General Fund (Contributions) —This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non - District or District sources including City General Fund Contributions and /or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid. Balance to Levy —This is the total amount to be collected for the current Fiscal Year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. Total Parcels Levied —The total number of parcels within the District that will receive the special benefits during the current Fiscal Year. Total EDUs — The total Equivalent Dwelling Units within the District applied to the parcels described above. Harris & Associates, Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 4 METHOD OF APPORTIONMENT May 23, 2013 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 requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands 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 such lot or parcel from the improvements." The formula used for calculating assessments in the District therefore reflects the composition of 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 parcel. " 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established. General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, right -of -ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of Harris & Associates. 10 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 public lighting in close proximity to those properties. May 23, 2013 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 improvements or property. 6) Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. 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 — Within the boundaries of the District, there are several types of 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 District; 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 parcels, of which these "sliver" parcels are a part, are assessed at the Residential Zone rate. 4.3 ASSESSMENT METHODOLOGY The special benefits received by each parcel within the District and each parcel's proportional annual 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 between the various parcels within the District and the improvements maintained by the District. The typical 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. Harris & Associates - 11 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 EDU's are assigned to the other land uses based upon the property's development status, type of development (County of Alameda land use code) and property size as shown in the table below. Parcels determined to be vacant will be assessed at a reduced rate of 50 %, by multiplying the parcel's assigned EDU factor by 0.5 (or 50 %). Property Type EDU Factorl 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 Single - Family Residential (SFR) — (County land use 1x) this land use identifies properties that are developed for single - family residential use and are assigned a factor of 1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against (i.e. Equivalent Dwelling Unit EDU). This land use classification may include, but is not limited to lots or parcels identified as single - family residential homes, planned development (tract or townhouse type), and modular /manufactured single - family residential unit. Condominium Unit — (County land use 73) this land use identifies properties that are fully subdivided residential parcels that have more than one residential unit developed on the property. This land use is assigned 1.00 EDU per unit for properties that the number of units can be identified. Duplex, Multifamily Residential — (County land use 22) this land use identifies properties that are developed for multifamily residential use and are assigned a factor of 2.00 EDU per parcel. This land use classification includes double or duplex units. Triplex, Multifamily Residential — (County land use 23) this land use identifies properties that are developed for multifamily residential use and are assigned a factor of 3.00 EDU per parcel. This land use classification includes triplex units; double or duplex together with a single - family home. Fourplex, Multifamily Residential — (County land use 24) this land use identifies properties that are developed for multifamily residential use and are assigned a factor of 4.00 EDU per parcel. This land use classification includes four living units; a fourplex, a triplex and a single - family home, or two doubles or duplexes. Apartment Complex, Multifamily Residential — (County land use 7x, except 73) This land use 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 Harris & Associates, 12 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 parcels identified as vacant apartment land capable of supporting 5 or more units, residential property converted to 5 or more units, cooperatives, restricted income properties, fraternities, sororities, church homes, multiple residential (5 or more units), and residential high -rise (7 or more units). Commercial — (County land use 3x, 8x, 9x) this land use identifies properties that are considered improved commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as car washes, commercial garages, automotive dealerships, parking lots, parking garages service stations, funeral homes, nursing or boarding homes, hospitals, hotels /motels, banks, medical- dental, single and multi -story office buildings, commercial land, department stores, discount stores, restaurants, shopping centers, supermarkets. Industrial — (County land use 4x) this land use identifies properties that are developed for industrial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to lots, or parcels identified as vacant industrial land, warehouses, light and heavy industrial, nurseries, sand and gravel quarries, salt ponds, trucking and distribution terminals, wrecking yards, and miscellaneous industrial. Institutional — (County land use 6x, except 65) This land use identifies properties that are developed for institutional use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as vacant land that is a necessary part of an institutional property, improved government - owned property, low income housing (secured P.I.'s only), golf courses, schools, churches, lodge- halls, clubhouses, and other institution properties. Rural Property — (County land use 5x) This land use identifies properties that are defined as rural lands and are assigned a factor of 0.50 EDU per parcel. This land use classification may include, but is not limited to, lots or 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. Exempt Property, Cemeteries & Common Open Space — (County land use 0, 03 -05, 65) this land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. This land use classification may include, but is not limited to, lots or parcels identified as exempt public agencies; property leased or owned by public utilities, cemeteries, and planned development common areas. Harris & Associates, 13 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 5 ASSESSMENT ROLL May 23, 2013 The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office, are contained in the Assessment Roll on file in the Office of the City Clerk of the City of Dublin, which is incorporated herein by reference. 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 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 2013 -14. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Harris & Associates - 14 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 k tr a b CL . I � ,Wr %I W r fy a cz ElL.�i.' Harris, & Associates - 15 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1983 -1 WHEREAS, by its Resolution No. 29 -13, a Resolution Directing Preparation of Annual Report for City of Dublin Street Lighting Maintenance Assessment District No. 1983 -1 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 18, 2013, at 7:00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was published and posted in accordance with the Landscaping and Lighting Act of 1972; and WHEREAS, at the appointed time and place, said hearing was held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. ATTACHMENT 4 PASSED, APPROVED AND ADOPTED this 18th day of June, 2013, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 4 Engineer's Report for Landscaping and Lighting District No. 1983-2 (Tract 4719) Fis cal Year 2013 -14 For the City of Dublin Alameda County, California May 23, 2013 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 Table of Contents May 23, 2013 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 2 IMPROVEMENTS ..................................................................................................... ..............................3 3 BUDGET ................................................................................................................... ..............................5 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE ................................................ ..............................9 4 METHOD OF APPORTIONMENT ............................................................................. .............................11 4.1 GENERAL ........................................................................................................ .............................11 4.2 BENEFIT ANALYSIS .......................................................................................... .............................11 GeneralBenefits ..................................................................................................... .............................11 SpecialBenefits ...................................................................................................... .............................11 Non - Assessable Properties .................................................................................... .............................12 4.3 ASSESSMENT METHODOLOGY ....................................................................... .............................13 5 ASSESSMENT ROLL ................................................................................................. .............................14 Appendix A - Boundary Map Appendix B - Preliminary Assessment Roll Harris & Associates,,, Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT May 23, 2013 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 23, 2013 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 2013. City Clerk, City of Dublin County of Alameda, California M 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 12013. City Clerk, City of Dublin County of Alameda, California M a Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 1 OVERVIEW 1.1 INTRODUCTION May 23, 2013 The City of Dublin ( "City') levies and collects special assessments on parcels within the City of Dublin Street Lighting Maintenance Assessment District No. 1983 -2 ( "District ") in order to maintain the landscaping and irrigation improvements within 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 benefits received as approved by the City Council at the time the District was formed. , I 1; 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 District originally included the maintenance 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. 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 ( "1972 Act "). All assessments 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 Article XIIID ( "Article XIIID "), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments were exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted: "Any assessment imposed exclusively to finance the capital costs or maintenance 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 approval process set forth in Section 4." The City has determined that the annual assessments originally established for the District were for the maintenance and operation of landscaping within the public street rights -of -way or public easements. Harris Associates . 1 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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 according to 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 maximum allowable rate or substantial 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 . 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) $ 322.84 Parcel Multi - Family Residential (MFR) $ 54.57 Unit Exempt, Common Open Space, Public Land $ 0.00 Parcel Harris Associates . 2 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 2 IMPROVEMENTS May 23, 2013 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 construction of statuary, 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 construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 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 improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 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 services; e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f. Costs associated with any elections held for the approval of a new or increased assessment. Harris Associates. 3 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 Pursuant to the 1972 Act: May 23, 2013 "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 improvements are on file in the City's Engineering Department and are made a part of this report by reference. Harris Associates . 4 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 3 BUDGET May 23, 2013 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 budget. DIRECT COSTS: Maintenance Tree — The cost of installation and maintenance of trees and plantings along the street frontages within the District. Maintenance Landscape — The cost of maintenance and repair of the landscaping and open space areas within the District. Utilities Water — The cost of furnishing water for maintenance of landscape and irrigation systems within the District. Utilities Electricity — The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District. Miscellaneous Expenses — Costs that cannot easily be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: District Administration, Consulting — The costs of contracting with professionals to provide services specific to the levy administration, including preparation of the Engineer's Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration — The cost of services provided to administer the District from the Public Works department of the City of Dublin. County per Parcel Fee — The cost to the District for the County to collect assessments on the property tax bills. Harris & Associates, 5 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 DIRECT COSTS Maintenance -Tree Maintenance - landscape Utilities - Water Utilities - Electricity Miscellaneous Expenses City of Dublin Landscape and Lighting District 1983 -2 Approved Estimated Budget FY Expenses 2012 -13 FY 2012 -13 $ 2,240 $ 2,240 $ 41,630 $ 40,380 $ 28,000 $ 24,170 $ 930 $ 870 $ - $ 160 May 23, 2013 Proposed Forecast Forecast Budget FY Budget FY Budget FY 2013 -14 2014 -15 2015 -16 $ 2,240 $ 41,630 $ 29,120 $ 967 $ 160 TOTAL DIRECT $ 72,800 $ 67,820 $ 74,117 $ 2,240 $ 2,240 $ 41,630 $ 41,630 $ 33,488 $ 38,511 $ 1,006 $ 1,046 $ 160 $ 160 $ 78,524 $ 83,587 ADMINISTRATION COSTS Est. Beginning Reserve Fund Balance District Administration $ 2,560 $ 2,400 $ 2,400 $ 2,560 $ 2,560 Public Works Administration $ 634 $ 634 $ 634 $ 634 $ 634 County per Parcel Fee $ 1,340 $ 1,340 $ 1,450 $ 1,450 $ 1,450 TOTAL ADMINISTRATION $ 4,534 $ 4,374 $ 4,484 $ 4,644 $ 4,644 COLLECTIONS /(CREDITS) APPLIED TO LEVY $ 39,181 $ 39,573 Assessment Revenue Calculation TOTAL DIRECTAND ADMIN COSTS $ 77,334 $ 72,194 $ 78,601 $ 83,168 $ 88,231 Reserve Collection /(Transfer) $ - $ 5,140 $ - $ - $ - Capital Improvement Fund Collection /(Transfer) $ Maximum Levy per SFR prior year $ - $ $ $ $ $ $ General Fund Loan Repayment /(Advance) $ $ 363.01 $ 363.01 $ 396.08 $ 422.10 $ 432.88 Other Revenues /(General Fund Contributions) $ $ $ $ $ $ $ $ $ Applied Levy per MFR TOTAL ADJUSTMENTS $ 53.69 $ 5,140 $ 57.74 $ 61.25 $ $ 57.57 Balance to Levy (Budgeted) $ 77,334 $ 77,334 $ 78,601 $ 83,168 $ 88,231 Total Revenue at Maximum Rate $ 88,393 $ 88,393 $ 96,448 $ 102,784 $ 105,408 Variance above /(below) Maximum Revenue $ (11,059) $ (11,059) $ (17,847) $ (19,616) $ (17,177) Applied Charge $ 77,334 $ 77,334 $ 78,601 $ 83,168 $ 88,231 DISTRICTS STATISTICS Total Parcels 709 709 709 709 709 Total Parcels Levied 703 703 703 703 703 Total SFR Count 150 150 150 150 150 Total MFR Count 553 553 553 553 553 Fund Balance Information Est. Beginning Reserve Fund Balance $ 31,523 $ 32,940 $38,409 $ 38,793 $ 39,181 Reserve Fund Adjustments $ - $ 5,140 $ - $ - $ - Prior /Penalities /Public Damage $ - $ - $ - $ - $ - Interest $ 315 $ 329 $ 384 $ 388 $ 392 Projected Reserve Balance end of year $ 31,838 $ 38,409 $ 38,793 $ 39,181 $ 39,573 Assessment Revenue Calculation Balance to Levy for SFR (61.61% of Total Applied Levy $ 47,645 $ 47,645 $ 48,426 $ 51,240 $ 54,359 Applied Levy per SFR $ 317.64 $ 317.64 $ 322.84 $ 341.60 $ 362.39 Maximum Levy per SFR prior year $ 340.47 $ 340.47 $ 363.01 $ 396.08 $ 422.10 Maximum Levy per SFR current year $ 363.01 $ 363.01 $ 396.08 $ 422.10 $ 432.88 Balance to Levy for MFR (38.39% of Total Applied Levy $ 29,689 $ 29,689 $ 30,175 $ 31,928 $ 33,872 Applied Levy per MFR $ 53.69 $ 53.69 $ 54.57 $ 57.74 $ 61.25 Maximum Levy per MFR prior year $ 57.57 $ 57.57 $ 61.38 $ 66.97 $ 71.37 Maximum Levy per MFR current year $ 61.38 $ 61.38 $ 66.97 $ 71.37 $ 73.19 Harris & Aso tes- A Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 LEVY BREAKDOWN: May 23, 2013 Reserve Collection /(Transfer) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non - District accounts to pay for operational expenses during the first half of the Fiscal Year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection /(Transfer) — The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District's regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget. General Fund Loans Repayment /(Advances) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection /(Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current Fiscal Year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current Fiscal Year for special 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 Harris & Associates, 7 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 May 23, 2013 to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues. Other Revenue /General Fund (Contributions) —This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non - District or District sources including City General Fund Contributions and /or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid. Balance to Levy —This is the total amount to be collected for the current Fiscal Year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. Total Parcels —The total number of parcels within the District including exempt parcels. Total Parcels Levied —The total number of parcels within the District that will receive the special benefits during the current Fiscal Year. Total EDUs — The total Equivalent Dwelling Units within the District applied to the parcels described above. Balance to Levy for SFR —The total assessment to single - family property owners in the Dublin Hills Estates development. Balance to Levy for MFR — The total assessment to property owners of condominium or apartment units in the Amador Lakes Apartments development. Maximum Levy per SFR (Prior Fiscal Year) —This is the maximum rate allowable in Fiscal Year 2012 -13 to assess single - family property owners within the District. Maximum Levy per MFR (Prior Fiscal Year) — This is the maximum rate allowable in Fiscal Year 2012 -13 to assess property owners of a multifamily residential unit within the District. Maximum Levy per SFR (Current Fiscal Year) —This is the maximum rate allowable per SFR parcel to assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Maximum Levy per MFR (Current Fiscal Year) —This is the maximum rate allowable per MFR unit to assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Harris & Associates, Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 May 23, 2013 Inflationary Factor— Annual percentage increase in the San Francisco - Oakland -San Jose Area Consumer Price Index for "All Urban Wage Earners and Clerical Workers," applies to all cost except water and electricity, plus any additional increase in the utility cost of water and electricity. Each fiscal year the City shall identify the change in the Index for April to April of the preceding year. 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE It is recognized that the cost of maintaining the District improvements increases slightly every year as a 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 ( "Index') for "All Urban Wage Earners and Clerical Workers" plus any actual increase in the cost of 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. Barris & Associates- 9 Proposed Forecast Forecast Budget Budget Budget Item FY 2013 -14 FY 2014 -15 FY 2015 -16 CPI April Prior Year 236.626 N/A N/A CPI April Current Year 244.675 N/A N/A % Increase /(Decrease) 3.402% 2.000% 2.000% Prior Year Maximum Levy per SFR $ 363.01 $ 396.08 $ 404.00 Prior Year Maximum Levy per MFR $ 61.38 $ 66.97 $ 68.31 Current Year Maximum Levy perSFR CPI only $ 375.36 $ 404.00 $ 412.08 Current Year Maximum Levy per MFR CPI only $ 63.47 $ 68.31 $ 69.68 Combined Utility Costs Current Year $ 30,087 $ 34,494 $ 39,557 Combined Utility Costs Prior Year $ 25,040 $ 30,087 $ 34,494 %Change in Combined Utility Costs 20.16% 14.65% 14.68% Change in Combined Utilities $ 5,047 $ 4,407 $ 5,063 Spread to SFR (61.6 %) $ 3,109 $ 2,715 $ 3,119 Spread to MFR (38.4 1%) $ 1,938 $ 1,692 $ 1,944 Amount per SFR for Utilities $ 20.73 $ 18.10 $ 20.79 Amount per MFR for Utilities $ 3.50 $ 3.06 $ 3.52 Maximum Levy perSFR current year $ 396.08 $ 422.10 $ 432.88 Maximum Levy per MFR current year $ 66.97 $ 71.37 $ 73.19 Barris & Associates- 9 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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. Harris & Associates - 10 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 4 METHOD OF APPORTIONMENT May 23, 2013 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 requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands 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 such lot or parcel from the improvements." The formula used for calculating assessments in the District therefore reflects the composition of 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 parcel." 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established. General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, right -of -ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. .Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well- maintained landscaping in close proximity to those properties. Harris & Associates. 11 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 The special benefits associated with landscape improvements are specifically: May 23, 2013 1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5) Increased sense of pride in ownership of property within the District resulting from well - maintained improvements associated with the properties. 6) Enhanced quality of life through well- maintained green space and landscaped areas. 7) Reduced criminal activity and property - related crimes (especially vandalism) against properties in the District through well- maintained surroundings and amenities including abatement of graffiti. 8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. Non-Assessable Properties — Within the boundaries of the District, there are several types of 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 District; 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 "sliver" parcels are a part, are assessed at the Residential Zone rate. Harris & Associates . 12 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 May 23, 2013 4.3 ASSESSMENT METHODOLOGY The special benefits received by each parcel within the District and each parcel's proportional annual 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. Harris & Associates. 13 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 5 ASSESSMENT ROLL May 23, 2013 The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office, are 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 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 2013 -14. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Harris & Associates - 14 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 APPENDIX A -ASSESSMENT DIAGRAM May 23, 2013 Harris & Associates - 15 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2013 -14 APPENDIX B -ASSESSMENT ROLL 16 May 23, 2013 Harris & Associates - RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1983 -2 (TRACT 4719) WHEREAS, by its Resolution No. 30 -13, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 1983 -2 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 18, 2013, at 7:00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was mailed, published and posted in accordance with Government Code Section 54954.6; and WHEREAS, at the appointed time and place, said hearings were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. ATTACHMENT 6 PASSED, APPROVED AND ADOPTED this 18th day of June, 2013, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 6 Engineer's Report for Landscaping and Lighting District No. 1986 -1 (Villages at Willow Creek) Fiscal Year 2013 -14 For the City of Dublin Alameda County, California May 23, 2013 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 Table of Contents May 23, 2013 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 .......................................... ............................... 3 2 IMPROVEMENTS ..................................................................................................... ..............................4 3 BUDGET ................................................................................................................... ..............................5 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE ................................................ ..............................8 4 METHOD OF APPORTIONMENT ............................................................................. .............................10 4.1 GENERAL ........................................................................................................ .............................10 4.2 BENEFIT ANALYSIS .......................................................................................... .............................10 GeneralBenefits ..................................................................................................... .............................10 SpecialBenefits ...................................................................................................... .............................10 Non - Assessable Properties .................................................................................... .............................11 4.3 ASSESSMENT METHODOLOGY ....................................................................... .............................11 5 ASSESSMENT ROLL ................................................................................................. .............................13 Appendix A - Boundary Map Appendix B - Preliminary Assessment Roll Harris & Associates,,, Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT May 23, 2013 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 23, 2013 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 2013. City Clerk, City of Dublin County of Alameda, California M 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 12013. City Clerk, City of Dublin County of Alameda, California M a Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 1 OVERVIEW 1.1 INTRODUCTION May 23, 2013 The City of Dublin ( "City') levies and collects special assessments on parcels within Landscaping and Lighting District No. 1986 -1 ( "District ") in order to maintain the improvements within the Villages at 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 Council at the time the District was formed. , - AR 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. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association or property owner for those individual developments. A Diagram showing the exterior boundaries of the District is provided in this Report in Appendix A. .I .1 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 ( "1972 Act "). All assessments 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 Article XIIID ( "Article XIIID"), which was enacted with the passage of Proposition 218 in November 1996. In Fiscal Year 2001 -02, the assessments in this District were increased by 54% with the approval of 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 maximum allowable rate or substantial 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. Harris & Associates - 2 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 ;� �,; May 23, 2013 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 $ 186.38 Parcel Multi - Family Residential (MFR) 0.50 $ 93.19 Unit Commercial 4.00 $ 745.52 Parcel Exempt, Common Open Space, Public Land 0.00 $ 0.00 Parcel Harris & Associates, 3 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 2 IMPROVEMENTS May 23, 2013 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 District. The specific improvements maintained by the District include: a. The median and roadside landscaping along the north side of Willow Creek Drive. b. Roadside landscaping along Shady Creek 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 Wildwood Road. 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 Lot 150. 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 improvements are or file in the City's Engineering Department are area made a part of this report by reference. Harris & Associates - 4 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 3 BUDGET May 23, 2013 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 budget. DIRECT COSTS: Maintenance Tree — The cost of installation and maintenance of trees and plantings along the roadside frontages and pathways within the District Maintenance Landscape — The cost of maintenance and repair of the landscaping and open space areas within the District. Utilities Water — The cost of furnishing water for maintenance of landscape and irrigation systems within the District. Utilities Electricity — The cost of electricity for maintenance of landscape and powering of irrigation systems within the District. Miscellaneous Expenses — Costs that cannot easily be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: District Administration, Consulting — The costs of contracting with professionals to provide services specific to the levy administration, including preparation of the Engineer's Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration — The cost of services provided to administer the District from the Public Works department of the City of Dublin. County per Parcel Fee — The cost to the District for the County to collect assessments on the property tax bills. Harris & Associates - 5 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 ADMINISTRATION COSTS City of Dublin (11,125) $ (10,095) $ (10,205) $ Landscape and Lighting District 1986 -1 District Administration $ 2,550 $ 2,400 $ Approved Estimated Proposed $ 2,400 Forecast $ Forecast $ Budget FY Expenses Budget FY Budget FY Budget FY $ 917 2012 -13 FY 2012 -13 2013 -14 $ 2014 -15 $ 2015 -16 $ Inflation Rate ( %) n/a n/a n/a $ n/a $ n/a DIRECT COSTS 5,457 $ 5,457 $ 5,457 Maintenance - Tree $ 14,900 $ 14,900 $ 14,900 $ 14,900 $ 14,900 Maintenance - landscape $ 53,860 $ 53,350 $ 53,860 $ 53,860 $ 53,860 Utilities - Water $ 47,760 $ 47,110 $ 54,920 $ 63,158 $ 72,632 Utilities - Electricity $ 1,620 $ 1,750 $ 1,820 $ 1,893 $ 1,969 Miscellaneous Expenses $ - $ 150 $ 150 $ 150 $ 150 $ TOTALDIRECT $ 118,140 $ 117,260 $ 125,650 $ 133,961 $ 143,510 ADMINISTRATION COSTS $ (11,125) $ (10,095) $ (10,205) $ (9,409) $ District Administration $ 2,550 $ 2,400 $ 2,400 $ 2,400 $ 2,400 Public Works Administration $ 917 $ 917 $ 917 $ 917 $ 917 County per Parcel Fee $ 1,950 $ 1,950 $ 2,140 $ 2,140 $ 2,140 TOTAL ADMINISTRATION $ 5,417 $ 5,267 $ 5,457 $ 5,457 $ 5,457 COLLECTIONS /(CREDITS) APPLIED TO LEVY TOTAL DIRECT AND ADMIN COSTS $ 123,557 $ 122,527 $ 131,107 $ 139,418 $ 148,967 Reserve Collection /(Transfer) $ (11,125) $ (10,095) $ (10,205) $ (9,409) $ (9,169) Capital Improvement Fund Collection /(Transfer) $ $ 52,308 Reserve Fund Adjustments $ (11,125) $ (10,095) $ (10,205) $ (9,409) $ (9,169) Prior /Penalities /Public Damage General Fund Loan Repayment /(Advance) $ 1220 1,220 1,220 1,220 Interest $ 1,074 $1,130 $1,014 Delinquency Contingency $ 525 $ 525 $ 67,575 525 $ 52,308 525 525 Other Revenues /(General Fund Contributions) $ - TOTAL ADJUSTMENTS $ (10,600) $ (9,570) $ (9,680) $ (8,884) $ (8,644) Balance to Levy (Budgeted) $ 112,957 $ 112,957 $ 121,427 $ 130,534 $ 140,324 Total Revenue at Maximum Rate $ 116,227 $ 116,227 $ 128,061 $ 138,933 $ 151,261 Variance above /(below) Maximum Revenue $ (3,270) $ (3,270) $ (6,635) $ (8,400) $ (10,938) DISTRICTS STATISTICS Total Parcels 1,018 1,018 1,021 1,021 1,021 Total Parcels Levied 948 948 948 948 948 Total Equivalent Benefit Units 651.5 651.5 651.5 651.5 651.5 Proposed Levy per EDU $ 173.38 $ 173.38 $ 186.38 $ 200.36 $ 215.39 Max Levy per EDU $ 178.40 $ 178.40 $ 196.56 $ 213.25 $ 232.17 Applied Levy $ 173.38 $ 173.38 $ 186.38 $ 200.36 $ 215.39 Fund Balance Information Est. Beginning Reserve Fund Balance $ 71,581 $75,320 $67,575 $ 59,603 $ 52,308 Reserve Fund Adjustments $ (11,125) $ (10,095) $ (10,205) $ (9,409) $ (9,169) Prior /Penalities /Public Damage $ 1,220 1220 1,220 1,220 1,220 Interest $ 1,074 $1,130 $1,014 $894 $785 Projected Reserve Balance end of year $ 62,750 $ 67,575 $ 59,603 $ 52,308 $ 45,144 Harris & Aso tes- A Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 LEVY BREAKDOWN: May 23, 2013 Reserve Collection /(Transfer) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non - District accounts to pay for operational expenses during the first half of the Fiscal Year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection /(Transfer) — The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District's regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget. General Fund Loans Repayment /(Advances) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection /(Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current Fiscal Year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current Fiscal Year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and /or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the Harris & Associates, 7 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues. Delinquency Contingency — This is the estimated amount designated for delinquent property tax payments that the County is unable to collect in Fiscal Year 2013 -14. Other Revenue /General Fund (Contributions) — This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non - District or District sources including City General Fund Contributions and /or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid. Balance to Levy — This is the total amount to be collected for the current Fiscal Year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. Total Parcels Levied — The total number of parcels within the District that will receive the special benefits during the current Fiscal Year. Total EDUs — The total Equivalent Dwelling Units within the District applied to the parcels described above. Levy per EDU — This amount represents the rate being applied to each parcel's individual EDU factor. The Levy per EDU is the result of dividing the "Special Assessment to Levy' by the Total EDUs of the District for the fiscal year. Maximum Levy per EDU — This is the rate per EDU approved by property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE It is recognized that the cost of maintaining the District improvements increases slightly every year as a 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 ( "Index') for "All Urban Wage Earners and Clerical Workers ", plus any actual increase in the cost of 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 Harris & Associates, NN' Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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 2013 -14. 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. Harris & Associates- 9 Proposed Forecast Forecast Budget Budget Budget Item FY 2013 -14 FY 2014 -15 FY 2015 -16 CPI April Prior Year 236.626 N/A N/A CPI April Current Year 244.675 N/A N/A % Increase /(Decrease) 3.402% 2.000% 2.000% Prior Year Maximum Levy per EDU $ 178.40 $ 196.56 $ 213.25 Current Year Maximum Levy per EDU- CPI only $ 184.47 $ 200.49 $ 217.52 Combined Utility Costs Current Year $ 56,740 $ 65,051 $ 74,600 Combined Utility Costs Prior Year $ 48,860 $ 56,740 $ 65,051 %Change in Combined Utility Costs 16.13% 14.65% 14.68% Change in Combined Utilities $ 7,880 $ 8,311 $ 9,549 Amount per EDU for Utilities $ 12.10 $ 12.76 $ 14.66 Maximum Levy per EDU current year $ 196.56 $ 213.25 $ 232.17 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. Harris & Associates- 9 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 4 METHOD OF APPORTIONMENT May 23, 2013 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 requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands 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 such lot or parcel from the improvements." The formula used for calculating assessments in the District therefore reflects the composition of 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 parcel. " 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established. General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, right -of -ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. .Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well- maintained Harris & Associates - 10 Engineer's Report May 23, 2013 Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically: 1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5) Increased sense of pride in ownership of property within the District resulting from well - maintained improvements associated with the properties. 6) Enhanced quality of life through well- maintained green space and landscaped areas. 7) Reduced criminal activity and property - related crimes (especially vandalism) against properties in the District through well- maintained surroundings and amenities including abatement of graffiti. 8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. Non-Assessable Properties — Within the boundaries of the District, there are several types of 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 District; 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 the District and each parcel's proportional annual 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 between the various parcels within the District and the improvements maintained by the District. The typical single family residential parcel is assigned 1.0 Equivalent Dwelling Unit (EDU). Harris & Associates - 11 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 EDU's are assigned to the other land uses based upon the property's development status, type of development (County of Alameda land use code) and property size as shown in the table below. 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 Single - Family Residential (SFR) — (County land use 1x) This land use identifies properties that are developed for single - family residential use and are assigned a factor of 1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against (i.e. Equivalent Dwelling Unit EDU). Multi - Family Residential — This land use identifies properties that are developed for multi - family use and are assigned a factor of 0.50 EDU per unit. Commercial — This land use identifies properties that are classified for commercial use and are assigned a factor of 4.00 EDU per parcel /lot. Common Open Space, Cemeteries & Other Exempt Property — This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. The following formulas are used to calculate each property's assessment: Total Balance to Levy/ Total EDU's = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount Harris & Associates, 12 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 5 ASSESSMENT ROLL May 23, 2013 The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office, are 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 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 2013 -14. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Harris & Associates - 13 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 APPENDIX A -ASSESSMENT DIAGRAM May 23, 2013 Harris & Associates - 14 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2013 -14 APPENDIX B -ASSESSMENT ROLL 15 May 23, 2013 Harris & Associates - RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1986 -1 (VILLAGES AT WILLOW CREEK) WHEREAS, by its Resolution No. 31 -13, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 1986- 1 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 18, 2013, at 7:00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was mailed, published and posted in accordance with Government Code Section 54954.6; and WHEREAS, at the appointed time and place, said hearings were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. ATTACHMENT 8 PASSED, APPROVED AND ADOPTED this 18th day of June, 2013, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 8 Engineer's Report for Landscape Maintenance Assessment District No. 1997.1 (Santa Rita Area) Fiscal Year 2013 -14 For the City of Dublin Alameda County, California May 23, 2013 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 rable of Contents May 23, 2013 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 2 IMPROVEMENTS .................................................................................................... ............................... 3 3 BUDGET ................................................................................................................... ..............................5 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE ................................................ ..............................9 4 METHOD OF APPORTIONMENT ............................................................................. .............................10 4.1 GENERAL ........................................................................................................ .............................10 4.2 BENEFIT ANALYSIS .......................................................................................... .............................10 GeneralBenefits ..................................................................................................... .............................10 SpecialBenefits ...................................................................................................... .............................11 Non - Assessable Properties .................................................................................... .............................11 4.3 ASSESSMENT METHODOLOGY ..................................................................... ............................... 12 4.4 Rate Classifications ........................................................................................ .............................12 5 ASSESSMENT ROLL ................................................................................................. .............................14 Appendix A - Boundary Map Appendix B - Preliminary Assessment Roll Harms & Associates,. Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT May 23, 2013 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 23, 2013 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 , 2013. City Clerk, City of Dublin County of Alameda, California In 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 12013. City Clerk, City of Dublin County of Alameda, California Harris & Associates,. Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 1 OVERVIEW 1.1 INTRODUCTION May 23, 2013 The City of Dublin ( "City ") levies and collects special assessments on parcels within the City of Dublin Landscape Maintenance Assessment District No. 1997 -1 ( "District ") in order to maintain the landscaping 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 Council at the time the District was formed. I A— The District was formed to fund street landscape maintenance and utility costs for the Santa Rita development area, also known as Emerald Park. The total District area is approximately 421.87 developed acres bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. A diagram of the District is included in Appendix A of this report. 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 ( "1972 Act "). All assessments 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 Article XIIID ( "Article XIIID"), 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 maintenance cost to increase according to 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 maximum allowable rate or substantial 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 . Harris & Associates,. 1 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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) $102.920 Lot California Brookside Multi - Family Residential (MFR) $ 44.60 Unit SummerGlen — Richmond American (North) Lots $ 90.12 Lot SummerGlen — Richmond American (South) Lots $ 99.18 Lot SummerGlen — Kaufman & Broad Lots $138.02 Lot SummerGlen — Pulte Lots $173.16 Lot Dublin Greene Tract 7084 Single - Family Residential $109.02 Lot Dublin Greene Tract 7149 Multi - Family Residential $ 82.08 Lot Dublin Greene Tract 7149 Condominiums /Apartments $ 42.78 Unit Retail, Office, and Industrial $723.80 Acre Harris & Associates,. 2 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 2 IMPROVEMENTS May 23, 2013 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 Boulevard to Gleason Drive. 5. The easterly and westerly street frontages for Hacienda Drive, from the 1,580 /Hacienda interchange to Gleason Drive. 6. The westerly street frontage of Tassajara Road, 350 feet southerly of the Tassajara Road and Dublin Boulevard intersection, to 450 feet northerly of the Gleason Drive and Tassajara Road intersection. 7. Tassajara Creek and trail, from 1 -580 to the northerly property boundary of the Alameda County Surplus Property Authority property (APN 986 -1- 1,10). 8. Street 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 construction of statuary, 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 construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 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 improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. Harris & Associates,. 3 Engineer's Report May 23, 2013 Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 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 services; e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f. Costs associated with any elections held for the approval of a new or increased assessment. 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 improvements are or file in the City's Engineering Department are area made a part of this report by reference. Harris & Associates,. 4 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 3 BUDGET May 23, 2013 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 budget. DIRECT COSTS: Maintenance Tree — The cost of installation and maintenance of trees and plantings along the street frontages within the District. Maintenance Landscape — The cost of maintenance and repair of the landscaping and open space areas within the District. Utilities Water — The cost of furnishing water for maintenance of landscape and irrigation systems within the District. Utilities Electricity — The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District. Miscellaneous Expenses — Costs that cannot easily be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: District Administration, Consulting — The costs of contracting with professionals to provide services specific to the levy administration, including preparation of the Engineer's Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration — The cost of services provided to administer the District from the Public Works department of the City of Dublin. County per Parcel Fee — The cost to the District for the County to collect assessments on the property tax bills. Harris & Associates,. 5 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 DIRECT COSTS Maintenance - Tree Maintenance - landscape Utilities - Water Utilities - Electricity Miscellaneous Expenses ADMINISTRATION COSTS District Administration Public Works Administration County per Parcel Fee May 23, 2013 City of Dublin Landscape Maintenance Assessment District 1997 -1 Approved Estimated Proposed Forecast Forecast Budget FY Expenses Budget FY Budget FY Budget FY 2012 -13 FY 2012 -13 2013 -14 2014 -15 2015 -16 Inflation Rate ( %) n/a n/a n/a n/a n/a $ 22,740 $ 22,740 $ 22,740 $ 22,740 $ 22,740 $ 194,270 $ 194,270 $ 194,270 $ 194,270 $ 194,270 $ 85,980 $ 82,360 $ 98,870 $ 113,701 $ 130,756 $ 440 $ 470 $ 460 $ 478 $ 498 $ $ 210 $ 210 $ 210 $ 210 TOTAL DIRECT $ 303,430 $ 300,050 $ 316,550 $ 331,399 $ 348,473 TOTAL ADMINISTRATION COLLECTIONS /(CREDITS) APPLIED TO LEVY TOTAL DI RECT AN D ADM I N COSTS Reserve Collection /(Transfer) Capital Improvement Fund Collection /(Transfer) General Fund Loan Repayment /(Advance) Delinquency Contingency Other Revenues /(General Fund Contributions) TOTAL ADJUSTMENTS Balance to Levy (Budgeted) Total Revenue at Maximum Rate Variance above /(below) Maximum Revenue Applied Charge DISTRICTS STATISTICS Total Parcels Total Parcels Levied Total Developed Acreage Proposed Levy per Acre Maximum Levy per Acre Fund Balance Information Est. Beginning Reserve Fund Balance Reserve Fund Adjustments Prior /Penalities /Public Damage Interest Projected Reserve Balance end of year $ 2,610 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,649 $ 2,649 $ 2,649 $ 2,649 $ 2,649 $ 5,080 $ 5,080 $ 5,330 $ 5,330 $ 5,330 $ 10,339 $ 10,129 $ 10,379 $ 10,379 $ 10,379 $ 313,769 $ 310,179 $ 326,929 $ 341,778 $ 358,852 $ (25,386) $ (21,744) $ (30,264) $ (37,797) $ (47,399) $ 4,707 $ 4,653 $ 4,904 $ 5,127 $ 5,383 $ (20,679) $ (17,091) $ (25,360) $ (32,670) $ (42,017) $ 293,090 $ 293,090 $ 301,569 $ 309,108 $ 316,835 $ 449,008 $ 449,008 $ 482,463 $ 507,408 $ 510,318 $ (155,918) $ (155,918) $ (180,895) $ (198,300) $ (193,482) $ 293,088 $ 293,088 $ 301,569 $ 309,108 $ 316,835 991 991 991 991 991 975 975 976 976 976 415.05 415.05 416.76 416.76 416.76 $ 706.15 $ 706.15 $ 723.80 $ 741.69 $ 760.23 $ 1,081.81 $ 1,063.85 $ 1,157.65 $ 1,217.50 $ 1,224.48 $ 228,504 $ 228,504 $ 211,897 $ 186,931 $ 153,807 $ (25,386) $ (21,744) $ (30,264) $ (37,797) $ (47,399) $ 2,285 $ 1,710.00 $ 2,119 $ 1,869 $ 1,538 $ 3,428 $ 3,428 $ 3,178 $ 2,804 $ 2,307 $ 208,831 $ 211,897 $ 186,931 $ 153,807 $ 110,253 0 Harms & Associates,. Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 LEVY BREAKDOWN: May 23, 2013 Reserve Collection /(Transfer) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non - District accounts to pay for operational expenses during the first half of the Fiscal Year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection /(Transfer) — The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District's regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget. General Fund Loans Repayment /(Advances) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection /(Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current Fiscal Year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current Fiscal Year for special 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 Harris & Associates,. 7 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues. Other Revenue /General Fund (Contributions) —This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non - District or District sources including City General Fund Contributions and /or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid. Balance to Levy — This is the total amount to be collected for the current Fiscal Year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. Total Parcels —The total number of parcels within the District including exempt parcels. Total Parcels Levied — The total number of parcels within the District that will receive the special benefits during the current Fiscal Year. Total EDUs —The total Equivalent Dwelling Units within the District applied to the parcels described above. Balance to Levy for SFR —The total assessment to single - family property owners in the Dublin Hills Estates development. Balance to Levy for MFR —The total assessment to property owners of condominium or apartment units in the Amador Lakes Apartments development. Maximum Levy per SFR (Prior Fiscal Year) —This is the maximum rate allowable in Fiscal Year 2012 -13 to assess single - family property owners within the District. Maximum Levy per MFR (Prior Fiscal Year) —This is the maximum rate allowable in Fiscal Year 2012 -13 to assess property owners of a multifamily residential unit within the District. Maximum Levy per SFR (Current Fiscal Year) — This is the maximum rate allowable per SFR parcel to assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. Maximum Levy per MFR (Current Fiscal Year) —This is the maximum rate allowable per MFR unit to assess property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. 0 Harris & Associates,. Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 Inflationary Factor— Annual percentage increase in the San Francisco - Oakland -San Jose Area Consumer Price Index for "All Urban Wage Earners and Clerical Workers," applies to all cost except water and electricity, plus any additional increase in the utility cost of water and electricity. Each fiscal year the City shall identify the change in the Index for April to April of the preceding year. 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE It is recognized that the cost of maintaining the District improvements increases slightly every year as a 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 ( "Index ") for "All Urban Wage Earners and Clerical Workers" applies to all costs except water and electricity, plus any actual increase in the cost of electricity. Each fiscal year the City shall identify the annual percentage difference in the Index between April of the current fiscal year and that of the previous April. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In 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 Harris & Associates,. D Proposed Forecast Forecast Budget Budget Budget Item FY 2013 -14 FY 2014 -15 FY 2015 -16 CPI April Prior Year 236.626 N/A N/A CPI April Current Year 244.675 N/A N/A Increase /(Decrease) 3.402% 2.000% 2.000% Prior Year Maximum Levy per EDU excluding utilities $ 845.47 $ 874.23 $ 891.71 Current Year Maximum Levy per EDU- CPI only $ 874.23 $ 891.71 $ 909.55 Combined Utility Costs Current Year $ 99,330 $ 114,179 $ 131,253 Combined Utility Costs Prior Year $ 82,830 $ 99,330 $ 114,179 Change in Combined Utilities $ 16,500 $ 14,849 $ 17,074 %Change in Combined Utility Costs 19.92% 14.95% 14.95% Prior Year Maximum Levy for Utilities $ 236.34 $ 283.42 $ 325.79 Amount per Acre for Utilities $ 283.42 $ 325.79 $ 314.94 Maximum Levy per Acre currentyear $ 1,157.65 $ 1,217.50 $ 1,224.48 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 Harris & Associates,. D Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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. 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 requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands 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 such lot or parcel from the improvements." The formula used for calculating assessments in the District therefore reflects the composition of 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 parcel." 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established. General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, right -of -ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Harms & Associates,. 10 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well- maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically: 1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5) Increased sense of pride in ownership of property within the District resulting from well - maintained improvements associated with the properties. 6) Enhanced quality of life through well- maintained green space and landscaped areas. 7) Reduced criminal activity and property - related crimes (especially vandalism) against properties in the District through well- maintained surroundings and amenities including abatement of graffiti. 8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. Non-Assessable r rti s — Within the boundaries of the District, there are several types of 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 District; 2) Publicly owned wetland parcels; 3) Certain Public Utility parcels; 4) Privately owned open space parcels; and Harms & Associates,. 11 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel 4.3 ASSESSMENT METHODOLOGY The initial Engineer's Report provides for a maximum assessment of $710 per developed acre, based on a total of 389,400 square feet of street improvements and a total of 957,000 square feet of creek improvements and 440.08 acres of developed property at build -out of all property within the District. The cost of the Improvements will be divided equally among the total number of developed properties within the boundaries of the District on a per acre basis. "Developed acres" shall include property having a recorded final map or parcel map as of July 1st of each year. The following formulas are used to calculate each property's assessment: 1. Cost of maintenance of installed Improvements ( "M "). 2. Total amount of developed acres ( "A "). 3. The annual assessment for the developed acres for that year ( "M ") shall be spread on a per - acre basis ( "M" - "A ") based on the following: a. Commercial developed area, per acre basis. b. Single- family residential area, per acre basis. c. Multi- family residential area, per acre basis. 4. The single - family and multi - family residential area per acre assessment will be further spread on a per lot basis based on the number of lots on the final map, parcel map, or condominium map for each particular development. 5. If the assessment in any year would exceed $710 per acre, the amount in excess of $710 shall be assessed to the remaining undeveloped acres on a per acre basis, subject to the maximum developed acre amount. 6. The maximum developed acre assessment of $710 per year will be increased annually by the percentage increase in the San Francisco - Oakland -San Jose Area Consumer Price Index for "All Urban Consumers and Clerical Workers" (applies to all costs except water and electricity), plus any actual increase in the cost for water and electricity. 7. If the square footage cost of the Improvements will be less than the amount set forth herein (after adjustment in accordance with Paragraph 6), the assessment shall be reduced proportionately to reflect the reduced cost of Improvements in that year. 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. Harms & Associates,. 12 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 Commercial (including retail, office, and industrial uses, as well as apartment properties) are assessed based on the per -acre figure of $706.15 multiplied by the number of acres per individual lot for Fiscal Year 2013 -14. For Fiscal Year 2013 -14, the following assessments resulted from this calculation: Property Type Rate Basis California Creekside Single - Family Residential (SFR) $102.920 Lot California Brookside Multi - Family Residential (MFR) $ 44.60 Unit SummerGlen — Richmond American (North) Lots $ 90.12 Lot SummerGlen — Richmond American (South) Lots $ 99.18 Lot SummerGlen — Kaufman & Broad Lots $138.02 Lot SummerGlen — Pulte Lots $173.16 Lot Dublin Greene Tract 7084 Single - Family Residential $109.02 Lot Dublin Greene Tract 7149 Multi - Family Residential $ 82.08 Lot Dublin Greene Tract 7149 Condominiums /Apartments $ 42.78 Unit Retail, Office, and Industrial $723.80 Acre Harms & Associates,. 13 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 5 ASSESSMENT ROLL May 23, 2013 The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office, are 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 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 2013 -14. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Harms & Associates,. 14 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 APPENDIX A - ASSESSMENT DIAGRAM May 23, 2013 Harris & Associates,,, 15 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2013 -14 APPENDIX B -ASSESSMENT ROLL 16 May 23, 2013 Harms & Associates,. RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97 -1 (SANTA RITA AREA) WHEREAS, by its Resolution No. 32 -13, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 1997- 1 (the "District "), this Council designated the Public Works Engineer as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 18, 2013, at 7:00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was mailed, published and posted in accordance with Government Code Section 54954.6; and WHEREAS, at the appointed time and place, said hearings were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. ATTACHMENT 10 PASSED, APPROVED AND ADOPTED this 18th day of June, 2013, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 10 Engineer's Report for Street Lighting Maintenance Assessment District No. 1999.1 (Dublin Ranch and Tracts 7067, 7856, 8024, 8073 & 8074) Fiscal Year 2013 -14 For the City of Dublin Alameda County, California May 23, 2013 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 rable of Contents May 23, 2013 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 2 IMPROVMENTS ...................................................................................................... ............................... 3 3 BUDGET ................................................................................................................... ..............................5 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE ................................................ ..............................8 4 METHOD OF APPORTIONMENT ............................................................................. .............................10 4.1 GENERAL ........................................................................................................ .............................10 4.2 BENEFIT ANALYSIS .......................................................................................... .............................10 GeneralBenefits ..................................................................................................... .............................10 SpecialBenefits ...................................................................................................... .............................10 Non - Assessable Properties .................................................................................... .............................11 4.3 ASSESSMENT METHODOLOGY ..................................................................... ............................... 11 5 ASSESSMENT ROLL ................................................................................................. .............................13 Appendix A - Boundary Map Harms & Associates,. Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT May 23, 2013 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 23, 2013 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 , 2013. City Clerk, City of Dublin County of Alameda, California In 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 12013. City Clerk, City of Dublin County of Alameda, California Harris & Associates,. Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 1 OVERVIEW 1.1 INTRODUCTION May 23, 2013 The City of Dublin ( "City ") levies and collects special assessments on parcels within the City of Dublin Street Lighting Maintenance Assessment District No. 1999 -1 ( "District ") in order to maintain the public 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 Council at the time the District was formed. I 1; 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 Clifton Park 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 7586) was annexed to the District in 2007, and Jordan Ranch (Tract 8024, 8073 & 8074) was annexed to the District in 2011. One reason for the formation of the new district was that a special decorative lighting fixture was designed and installed throughout the area in order to create a community element as part of the development. A Diagram showing the exterior boundaries of the District is provided in this Report in Appendix A. 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 ( "1972 Act "). All assessments 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 Article XIIID ( "Article XIIID "), 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 of Proposition 218 and the 1972 Act. At the time the District was formed, the property owners agreed to the inclusion of a formula for increasing assessments for each fiscal year to offset increases due to inflation as described in the assessment methodology. Any future increase in the assessment rate in excess of the maximum allowable rate or substantial 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. Harris & Associates,. 1 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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 Harris & Associates,. 2 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 2 IMPROVEMENTS May 23, 2013 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 District. 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 expenditures that are greater than can be conveniently raised from a single annual assessment. The poles are expected to need repainting on a ten -year cycle, with the first phase of the pole painting commencing in the next few years. The funds are not considered part of the regular maintenance of the improvements or the Reserve Fund. In fiscal year 2012 -13, 321 street lights in the district were retrofitted with new light emitting diode (LED) fixtures. The total construction cost for these improvements is $283,800. As part of this retrofit, the district received a one -time rebate amount of $39,950 from Pacific Gas & Electric (PG &E). The savings generated by this project for FY 13 -14 are anticipated to be $7,844 for operations and maintenance costs and $20,953 for electricity costs. 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 appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 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 improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) 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; Harris & Associates,. 3 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. 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 improvements are or file in the City's Engineering Department are area made a part of this report by reference. Harris & Associates,. 4 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 3 BUDGET May 23, 2013 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 budget. DIRECT COSTS: Maintenance — The cost of ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. In addition, a portion of this cost is set aside as a contingency amount for large repairs. Contract with Alameda County — The cost of street light maintenance provided from the County of Alameda based on the current Fiscal Year contract. LED Conversion Project — O &M Savings - Operations and maintenance cost savings generated from LED conversion project. California Street Light Association — The cost of Street Light Association dues based on relative number of lights within the District. LED Conversion Project — Utilities Savings - Electricity cost savings generated from LED conversion project. Utilities Electricity —The cost of street light electrical energy use, including miscellaneous PG &E charges. Miscellaneous Expenses — Costs that cannot easily be categorized into any of the other Direct Costs defined above. ADMINISTRATIVE COSTS: District Administration, Consulting — The costs of contracting with professionals to provide services specific to the levy administration, including preparation of the Engineer's Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Harris & Associates,. Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 Street Lighting Maintenance Assessment District 1999 -1 5,188 Approved Estimated Proposed Forecast Forecast 4,547 Budget FY Expenses Budget FY Budget FY Budget FY $ 2012 -13 FY 2012 -13 2013 -14 2014 -15 2015 -16 Inflation Rate (%) n/a n/a n/a n/a n/a ZCT COSTS 1,838 $ 1,838 County per Parcel Fee $ 3,520 intenance $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 itract with Alameda County $ 36,860 $ 44,040 $ 51,300 $ 56,430 $ 62,073 )Conversion Project -0 &M Savings 8,728 $ $ (7,844) $ (8,628) $ (9,491) ifornia Street Light Association $ 390 $ 370 $ 390 $ 390 $ 390 lities - Electricity $ 117,770 $ 115,640 $ 123,290 $ 128,222 $ 133,350 ConversionProject - UtilitiesSavings $ (20,953) $ (21,791) $ (22,663) ccellaneous Expenses $ - TOTALDIRECT $ 158,020 $ 163,050 $ 149,183 $ 157,622 $ 166,659 ADMINISTRATION COSTS 5,188 5,585 5,641 5,697 4,547 District Administration $ 3,370 $ 3,370 $ 3,370 $ 3,370 $ 3,370 Public Works Administration $ 1,838 $ 1,838 $ 1,838 $ 1,838 $ 1,838 County per Parcel Fee $ 3,520 $ 3,520 $ 3,520 $ 3,520 $ 3,520 TOTAL ADMINISTRATION $ 8,728 $ 8,728 $ 8,728 $ 8,728 $ 8,728 /_10]114rlk[6➢1;k1r11 TOTAL DI RECT AN D ADM I N COSTS erve Collection /(Transfer) ital Improvement Fund Collection /(Transfer) Conversion Project - PG &E Rebate inquency Contingency er Revenues /(General Fund Contributions) TOTAL ADJUSTMENTS Balance to Levy (Budgeted /Estimated) Actual Collection Variance APPLIED CHARGE I Revenue at Maximum Rate ance above /(below) Maximum Revenue 'RICTS STATISTICS I Parcels I Parcels Levied I Equivalent Benefit Units )osed Levy per EDU imum Allowed Levy per EDU Applied Levy per EDU rid Balance Information . Beginning Reserve Fund Balance serve Fund Adjustments insfer From /(To) Capital Improvement Fund or /Penalities /Public Damage ected Reserve Balance end of year Beginnng CIF Fund Balance CIF Adjusments LED Conversion Project CIF Pole Painting Trasfer From /(To) CIF Reserve Fund Anticipated CIF Year End Fund Balance $ 166,748 $ 171,778 $ 157,911 $ 166,350 $ 175,387 $ 65,443 $ 61,425 $ 132,864 $ 92,798 $ 92,084 $ - $ (39,950) $ 2,050 $ 2,050 $ 2,050 $ 2,050 $ 2,050 $ 67,493 $ 63,475 $ 94,964 $ 94,848 $ 94,134 $ 234,241 $ 234,241 $ 252,875 $ 261,198 $ 269,521 $ 1,012 $ 234,241 $ 235,253 $ 252,875 $ 261,198 $ 269,521 $ 283,077 $ 284,299 $ 311,650 $ 322,123 $ 337,432 $ (48,836) $ (49,046) $ (58,775) $ (60,925) $ (67,911) 5,113 5,188 5,585 5,641 5,697 4,547 4,595 4,987 5,201 5,415 6,021.63 6,047.63 6,500.65 6,714.60 6,928.55 $ 38.90 $ 38.90 $ 38.90 $ 38.90 $ 38.90 $ 47.01 $ 47.01 $ 47.94 $ 47.97 $ 48.70 $ 38.90 $ 38.90 $ 38.90 $ 38.90 $ 38.90 $ 201,685 $ 184,589 $ 207,229 $ 148,759 $ 203,774 $ 67,493 $ 61,425 $ 94,964 $ 94,848 $ 94,134 $ (45,184) $ (45,184) $ (162,864) $ (48,594) $ (48,594) $ 5,856 $ 3,630.00 $ 6,322 $ 6,530 $ 6,738 $ 3,025 $ 2,769 $ 3,108 $ 2,231 $ 3,057 $ 232,875 $ 207,229 $ 148,759 $ 203,774 $ 259,109 $ 198,579 $ 198,579 $ 215,055 $ 64,119 $ 82,713 $ $ $ (283,800) $ $ $ (35,000) $ (28,708) $ (30,000) $ (30,000) $ (30,000) $ 45,184 $ 45,184 $ 162,864 $ 48,594 $ 48,594 $ 208,763 $ 215,055 $ 64,119 $ 82,713 $ 101,307 0 Harms & Associates,. Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 Public Works Administration — The cost of services provided to administer the District from the Public Works department of the City of Dublin. County per Parcel Fee — The cost to the District for the County to collect assessments on the property tax bills. LEVY BREAKDOWN: Reserve Collection /(Transfer) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from non - District accounts to pay for operational expenses during the first half of the Fiscal Year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection /(Transfer) — The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District's regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget. LED Conversion Project - PG &E Rebates — One -time rebate from PG &E for installation of LED fixtures General Fund Loans Repayment /(Advances) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection /(Transfer) line item, this item directly impacts the Reserve Fund Balances either positively or negatively. Repayments are shown as a positive number and represent additional monies being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current Harris & Associates,. 7 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount still outstanding. A loan for the current Fiscal Year (Advance) is shown as a negative number. If the District is expected to incur significant expenditures in the current Fiscal Year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and /or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues. Delinquency Contingency — This is the estimated amount designated for delinquent property tax payments that the County is unable to collect in Fiscal Year 2012/2013. Other Revenue /General Fund (Contributions) — This item includes additional funds designated for the District that are not annual assessments. These funds are added to the District account to reduce assessments, and may be from non - District or District sources including City General Fund Contributions and /or interest earnings. Any funds indicated on this line will be shown as a negative number indicating a reduction in the amount to be levied and represent funds that do not have to be repaid. Balance to Levy — This is the total amount to be collected for the current Fiscal Year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Source, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levied and collected on the tax roll. Total Parcels Levied — The total number of parcels within the District that will receive the special benefits during the current Fiscal Year. Total EDUs — The total Equivalent Dwelling Units within the District applied to the parcels described above. Levy per EDU — This amount represents the rate being applied to each parcel's individual EDU factor. The Levy per EDU is the result of dividing the "Special Assessment to Levy" by the Total EDUs of the District for the fiscal year. Maximum Levy per EDU — This is the rate per EDU approved by property owners within the District, in accordance with Proposition 218, adjusted for inflation as described in the Method of Apportionment. 3.1 ALLOWABLE MAXIMUM ASSESSEMENT RATE It is recognized that the cost of maintaining the District improvements increases slightly every year as a Harris & Associates,. 0 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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 ( "Index ") for "All Urban Wage Earners and Clerical Workers" (applies to all costs except electricity), plus any actual increase in the cost of electricity. Each fiscal year the City shall identify the annual percentage difference in the Index between April of the current fiscal year and that of the previous April. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. The table below shows the calculations for the adjustment to the Maximum Allowable Assessment for Fiscal Year 2013 -14. 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. Harms & Associates,. 0 Proposed Forecast Forecast Budget Budget Budget Item FY 2013 -14 FY 2014 -15 FY 2015 -16 CPI April Prior Year 236.626 N/A N/A CPI April Current Year 244.675 N/A N/A % Increase /(Decrease) 3.402% 2.000% 2.000% Prior Year Maximum Levy per EDU less Electricty Costs $ 27.38 $ 28.31 $ 28.88 Current Year Maximum Levy per EDU- CPI only $ 28.31 $ 28.88 $ 29.46 Electricity Costs Current Year $ 123,290 $ 128,222 $ 133,350 Electricity Cost Costs Prior Year $ 115,640 $ 123,290 $ 128,222 Change in Electricity Cost $ 7,650 $ 4,932 $ 5,129 %Change inElectricity Cost 6.62% 4.00% 4.00% Max Amount per EDU for Electricity Cost $ 19.63 $ 20.82 $ 21.66 Maximum Levy per EDU current year $ 47.94 $ 49.70 $ 51.11 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. Harms & Associates,. 0 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 4 METHOD OF APPORTIONMENT May 23, 2013 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 requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands 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 such lot or parcel from the improvements." The formula used for calculating assessments in the District therefore reflects the composition of 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 parcel." 4.2 BENEFIT ANALYSIS Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established. General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, right -of -ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting in close proximity to those properties. Harms & Associates,. 10 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 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 improvements or property. 6) Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Non-Assessable r rti s — Within the boundaries of the District, there are several types of 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 District; 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 "sliver" parcels are a part, are assessed at the Residential Zone rate. 4.3 ASSESSMENT METHODOLOGY The special benefits received by each parcel within the District and each parcel's proportional annual 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 between the various parcels within the District and the improvements maintained by the District. The typical 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. Harms & Associates,. 11 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 EDU's are assigned to the other land uses based upon the property's development status, type of development (County of Alameda land use code) and property size as shown in the table below. 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 Single - Family Residential (SFR) — (County land use 1x, 2x, 7x) This land use identifies properties that are developed for single - family residential use and are assigned a factor of 1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against (i.e. Equivalent Dwelling Unit EDU). This land use classification may include, but is not limited to lots or parcels identified as single - family residential homes, condominium, vacant residential land zoned for four units or less, planned development (tract or townhouse type), and modular /manufactured single - family residential unit. Developed apartments are assigned a factor of 1.00 EDU per dwelling unit. Parcels with a vacant apartment land use are treated like commercial and assessed 5.50 EDU per acre. Commercial — (County land use 3x, 8x, 9x) This land use identifies properties that are considered improved commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as car washes, commercial garages, automotive dealerships, parking lots, parking garages service stations, funeral homes, nursing or boarding homes, hospitals, hotels /motels, banks, medical - dental, single and multi -story office buildings, bowling alleys, theaters, vacant commercial land, department stores, discount stores, restaurants, shopping centers, supermarkets, commercial or industrial condominium prior to sale of one unit, and miscellaneous commercial. Common Open Space — (County land use 0, 03 -05, 65) This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. This land use classification may include, but is not limited to, lots or parcels identified as exempt public agencies, property leased or owned by public utilities, cemeteries, and planned development common areas. The following formulas are used to calculate each property's assessment: Total Balance to Levy/ Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount Harris & Associates. 12 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 5 ASSESSMENT ROLL May 23, 2013 The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office, are contained in the Assessment Roll on file in the Office of the City Clerk of the City of Dublin, which is incorporated herein by reference. 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 2013 -14. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Harms & Associates,. 13 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2013 -14 May 23, 2013 Harms & Associates,. 14 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1999 -1 (DUBLIN RANCH AND TRACTS 7067, 7586, 8024, 8073, 8074) WHEREAS, by its Resolution No. 33 -13, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 99 -1 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said report was made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution and that June 18, 2013, at 7:00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was mailed, published and posted in accordance with Government Code Section 54954.6; and WHEREAS, at the appointed time and place, said hearings were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this Council, and this Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the report of said Engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that: (a) The property owners owning more than fifty percent of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the Engineer's Estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof; (b) The public interest, convenience, and necessity require that said levy be made; (c) The District benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. ATTACHMENT 12 PASSED, APPROVED AND ADOPTED this 18th day of June, 2013, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 12