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HomeMy WebLinkAbout4.07 Assessment Districts Eng Reportor nU,�� 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #360 -20 DATE: June 3, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Approval of 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 7067, 75867 8024, 8073, 8074) Prepared by Steven Yee, Public Works Manager EXECUTIVE SUMMARY: The City Council will consider approval of the Engineer's Report for the 2014 -15 assessment and set a public hearing date of June 17, 2014. 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. 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. Page 1 of 7 ITEM NO. 4.7 SUMMARY OF ASSESSMENT DISTRICT 2014 -2015 REVENUE & EXPENDITURES RECOMMENDATION: Staff recommends that the City Council adopt Resolutions Approving the Engineer's Reports and setting a public hearing date and time of June 17, 2014, at 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 2014 -2015 assessments for: Citywide Street Lighting Maintenance Assessment District No. 1983 -1; Landscaping and Lighting Maintenance Assessment District No. 1983 -2 (Tract 4719); Landscaping and Lighting Maintenance Assessment District No. 1986- 1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District No. 1997 -1 (Santa Rita Area); and Street Lighting Maintenance Assessment District No. 1999 -1 (Dublin Ranch Area and Tracts 7067, 75867 80247 80737 8074) "ubmitted By Public Works Director DESCRIPTION: '\ Reviewed By Assistant City Manager The proposed resolutions approve the 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 2014 -2015 and set a public hearing date for each assessment district on June 17, 2014 in the City Council Chambers, located at 100 Civic Plaza, Dublin. Citywide Street Lighting Maintenance Assessment District No. 1983 -1 This assessment district was established in 1983 to replace a County Service Area (CSA) that was originally in place to fund this maintenance. The boundary of this assessment district encompasses the entire City, with the exception of 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. Page 2 of 7 Citywide Stagecoach Rd Dougherty Rd Santa Rita East Dublin (St Light) 99 -1 (St Light) Landscape 83 -2 Landscape 86 -1 Landscape 83 -1 97 -1 PROJECTED 14EVENUE FISCAL $285j220, $85,361 $131,709 $322,763 $273,526. YEAR 14 -15 ESTIMATED EXPENDITURES $305,164 $85,361 $1 39,704 $392,150, $263,797 FISCAL,YEAR 14.15 (USE) OF, RESERVES ($7,995) ($19;337), ${} FISCAL YEAR 14-15 PROJECTED ENDING BALANCE , $150,216 $44,i99 $62,931 $157,599 FISCAL YEAR 14 -15 RECOMMENDATION: Staff recommends that the City Council adopt Resolutions Approving the Engineer's Reports and setting a public hearing date and time of June 17, 2014, at 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 2014 -2015 assessments for: Citywide Street Lighting Maintenance Assessment District No. 1983 -1; Landscaping and Lighting Maintenance Assessment District No. 1983 -2 (Tract 4719); Landscaping and Lighting Maintenance Assessment District No. 1986- 1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District No. 1997 -1 (Santa Rita Area); and Street Lighting Maintenance Assessment District No. 1999 -1 (Dublin Ranch Area and Tracts 7067, 75867 80247 80737 8074) "ubmitted By Public Works Director DESCRIPTION: '\ Reviewed By Assistant City Manager The proposed resolutions approve the 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 2014 -2015 and set a public hearing date for each assessment district on June 17, 2014 in the City Council Chambers, located at 100 Civic Plaza, Dublin. Citywide Street Lighting Maintenance Assessment District No. 1983 -1 This assessment district was established in 1983 to replace a County Service Area (CSA) that was originally in place to fund this maintenance. The boundary of this assessment district encompasses the entire City, with the exception of 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. Page 2 of 7 The maximum assessment allowed under the authorizing documents is $19.34 per unit for residential uses and $106.37 per acre for commercial uses. This amount has been levied since Fiscal Year 2007 -2008. There is no provision in the formation documents to increase the levy. As noted in the Engineer's Report (Attachment 2), any increase would require the approval of the property owners subject to the assessment. Therefore the proposed assessment amount for Fiscal Year 2014 -2015 remains the same as Fiscal Year 2013 -2014 as shown below. Citv Street Liahtina Assessments (District 1983 -11 Property Type Current Fiscal Year 2013 -2014 Proposed Fiscal Year 2014 -2015 Annual Change ($) Equivalent Dwelling Unit (EDU) $19.34 $19.34 No Change Commercial Per Acre $106.37 per acre $106.37 per acre No Change An operating reserve of approximately $150,216 is projected to remain at the end of Fiscal Year 2014 -2015. It is recommended that reserve be retained for potential unplanned expenditures such as major repairs or for replacement of poles in future years. The actual reserve will not be known until the City closes its books. 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. In FY 2014- 2015, the loan repayment is $138,672. Staff is proposing that the City Council adopt the resolutions approving the 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 assessment 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 2014 -2015 (Attachment 5) 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. These factors are updated in the Engineer's Report on an annual basis. The maximum assessment in the Engineer's Report for Fiscal Year 2014 -2015 is $419.45 per single family residence and $70.92 per multi - family residence. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for district expenditures. Although the assessment for FY 2014- Page 3 of 7 2015 is proposed to increase by 8.6 %, it remains below the maximum levy allowed. The following displays the current and proposed assessment: Staqecoach Road Assessments (District 1983 -2) Property Type Current Fiscal Year 2013 -2014 Proposed Fiscal Year 2014 -2015 Annual Change ($) Dublin Hills Estates — Single Family Homes $322.84 $350.61 $27.77 Amador Lakes — Apt / Condominiums $54.57 $59.26 $ 4.69 The estimated June 30, 2014, reserve for this district is projected to be $43,761. The actual reserve will not be known until the City closes its books. Staff is proposing that the City Council adopt the resolutions approving the 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). lF.HT • . • • . MERCh'iilOWEL� ivJ/llM Creek The assessment 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 ongoing maintenance and utility costs, the Engineer's Report (Attachment 8) for Fiscal Year 2014 -2015 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, Shady Creek Road, and in the Willow Creek Drive and Fall Creek Road medians. 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. These factors are updated in the Engineer's Report on an annual basis. The maximum assessment in the Engineer's Report for Fiscal Year 2014 -2015 is $211.93 per single family residence, $105.97 per multi - family residence, and $847.72 for the commercial parcel. The City has the ability to levy less than the maximum based on reserve funds on hand and the budgeted costs for district expenditures. Although the assessment for FY2014 -2015 is proposed to increase by 8.9% it remains below the maximum levy allowed. The following displays the current and proposed assessment: Page 4 of 7 Villaaes At Willow Creek Assessments (District 1986 -11 Property Type Current Fiscal Year 2013 -2014 Proposed Fiscal Year 2014 -2015 Annual Change ($) Single Family Homes $186.38 $202.97 $16.59 Amador Lakes — Apt / Condominiums $93.19 $101.49 $8.30 Commercial $745.52 $811.88 $66.36 The estimated June 30, 2014, reserve for this district is projected to be $68,676. The actual reserve will not be known until the City closes its books. Staff is proposing that the City Council adopt the resolutions approving the 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 district maintains portions of roadside landscaping for Dublin Boulevard, Hacienda Drive, Central Parkway, Arnold Road, Tassajara Road (westerly portion), and Gleason Drive. The district also maintains the trail and landscaping along the Tassajara Creek channel. Median landscape maintenance is not included in this district. For Fiscal Year 2014 -2015, plant replacement will take place at various locations along 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 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 as well as actual increases in the cost of utilities. These factors are updated in the Engineer's Report on an annual basis. The maximum per acre in the Engineer's Report for Fiscal Year 2014 -2015 is $1,217.50 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 2014 -2015 activities is $786.77 per acre. This assessment is an increase of $62.97 per acre or 8.7% more than the prior year's assessment. The density of the various residential subdivisions result in different assessments as shown below: Santa Rita Area Assessments (District 1997 -11 Property Type Current Fiscal Year 2013 -2014 Proposed Fiscal Year 2014 -2015 Annual Change ($) California Creekside single - family $102.92 per lot $111.87 per lot $8.95 California Brookside multi - family $44.60 per lot $48.48 per lot $3.88 SummerGlen — Richmond American Page 5 of 7 (north) Single Family $90.12 per lot $97.96 per lot $7.84 SummerGlen - Richmond American $ 38.90 $ 40.26 $ 1.36 (south) $99.18 per lot $107.81 per lot $8.63 SummerGlen - Kaufman & Broad $138.02 per lot $150.03 per lot $12.01 SummerGlen - Pulte $173.16 per lot $188.23 per lot $15.07 Dublin Greene Tract 7084 single - family $109.02 per lot $118.50 per lot $9.48 Dublin Greene Tract 7149 multi - family $82.08 per unit $89.22 per unit $7.14 Dublin Greene Tract 7149 condominium /apartment $42.78 per unit $46.51 per unit $3.73 Commercial (including retail, office, and industrial uses, as well as $723.80 $786.77 $62.97 apartment properties) Per Acre Per Acre The estimated June 30, 2014, reserve for this district is projected to be $221,947. The actual reserve will not be known until the City closes its books. Staff is proposing that the City Council adopt the resolutions approving the 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 electricity, maintenance, and repair costs associated with the decorative street lighting that has been installed in the Dublin Ranch area and in Tracts 7067, 7586, 8024, 8073, 8074. The City Council approved formation of this district on June 1, 1999 and the initial assessment was levied in Fiscal Year 1999 -2000. The district also includes a Capital Improvement Fund (CIF) reserve set aside to pay for improvement projects outside the normal operations and maintenance costs. In early 2013, 321 street lights in the district were retrofitted with more energy efficient Light Emitting Diode (LED) fixtures. In addition, 177 street light poles were repainted in the district in 2013. The cost of these improvements was funded through a one -time payment from the district's Capital Improvement Fund reserves. The assessment methodology in the original Engineer's Report (Attachment 14) 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. These factors are updated in the Engineer's Report on an annual basis. The maximum assessment in the Engineer's Report for Fiscal Year 2014 -2015 is $48.32 per single family residence and $265.76 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. The Engineer's Report notes that, although the assessment district formula establishes a maximum cost that can be levied, assessment required to fund Fiscal Year 2014 -2015 activities is $40.26 per equivalent dwelling unit and $221.43 per acre of commercial use. Eastern Dublin & Mountain Rise Place Street Liqhtinq Assessments (District 1999 -1) Property Type Current Fiscal Year 2013 -2014 Proposed Fiscal Year 2014 -2015 Annual Change ($) Equivalent Dwelling Unit (EDU) $ 38.90 $ 40.26 $ 1.36 Commercial Per Acre $213.95 per acre $221.43 per acre $ 7.48 Page 6 of 7 The estimated June 30, 2014, reserve for this district is projected to be $151,000, not including the portion set aside for capital improvement projects. The Capital Improvement Fund balance is $140,213 as of June 30, 2014. The actual reserve will not be known until the City closes its books. Staff is proposing that the City Council adopt the resolutions approving the 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 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. 2014 -2015 Preliminary Sources and Use of Assessment District Funds 2. Engineer's Report for AD 83 -1 3. Resolution Approving Engineer's Report for AD 83 -1 4. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 17, 2014, 7:00 p.m.) for AD 83 -1 5. Engineer's Report for AD 83 -2 6. Resolution Approving Engineer's Report for AD 83 -2 7. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 17, 2014, 7:00 p.m.) for AD 83 -2 8. Engineer's Report for AD 86 -1 9. Resolution Approving Engineer's Report for AD 86 -1 10. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 17, 2014, 7:00 p.m.) for AD 86 -1 11. Engineer's Report for AD 97 -1 12. Resolution Approving Engineer's Report for AD 97 -1 13. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 17, 2014, 7:00 p.m.) for AD 97 -1 14. Engineer's Report for AD 99 -1 15. Resolution Approving Engineer's Report for AD 99 -1 16. Resolution Appointing Time and Place of Hearing Protests of Proposed Assessments (June 17, 2014, 7:00 p.m.) for AD 99 -1 Page 7 of 7 ATTACHMENT FY 2014 -2015 Sources and Use of Assessment District Funds As Presented in the Engineering Reports dated May 22, 2014 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 $161,340 $43,761 $68,676 $221,947 $151,000 $140,213 Balance July 1, 2014 REVENUE Total Amount Proposed $288,094 $85,361 $132,234 $327,895 $275,576 to be Assessed: Estimated Delinquency $(2,874) - $ (525) $(5,132) $( 2,050) Cost: Total Revenue $285,224 $85,361 $131709 $322,70"' 4-V EXPENDITURES Contract Maintenance $154,060 $80,605 $133,961 $331,399 $126,290 and Utilities: Administration (transfer) $7,852 $3,306 $3,603 $5,421 $5,637 and Engineering: Estimated Collection $4,580 $1,450 $2,140 $5,330 $3,520 Cost: Annual LED $138,672 Repayment Contribution To Capital $50,000 $128,350 Improvement Fund: Pole Painting Project (Cost Removed from ($30,000) Pole Painting Reserve): Total Expenditures $305,164 $ 85,361 $139;704 $392,1'50' $263,797 $30, ©00' Projected (Use) / Contribution To District ($19,944) - ($7,995) ($19,387) $128,350 Reserves Estimated Prior Year Collections, Penalties, $6,400 - $1,220 $1,710 $6,889 and Public Damage Reimbursement': Estimated Interest $2,420 $438 $1,030 $3,329 $2,265 Revenue: Projected Ending $150,216 $44,199 $62,931 $157,599 $169,883 $238,563 Balance June 30, 2015 Engineer's Report for Street Lighting Maintenance Assessment District No. 1983 -1 Fiscal Year 2014 -15 For the City of Dublin Alameda County, California May 22, 2014 Engineer's Report May 22, 2014 Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 Table of Contents 1 OVERVIEW ............................................................................................................... ..............................1 1.1 INTRODUCTION ............................................................................................... ..............................1 General Description of the District ......................................................................... ..............................1 Compliance with the California Constitution .......................................................... ..............................1 Summary of Proposed Assessment and Expenditures ........................................... ..............................2 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 ice■ Harris & Associates_ Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT May 22, 2014 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 22, 2014 BY: K. Dennis Klinge&ofer Assessment Engineer R.C.E. No. 50255 MI Harris & Associates_ Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 1 OVERVIEW 1.1 INTRODUCTION May 22, 2014 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. General Description of the District The District was created in 1983 to replace the County of Alameda Lighting Service Area within the City of Dublin to fund the maintenance 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. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ( "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. = I Harris & Associates- 1 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 May 22, 2014 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all of the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner. Summary of Proposed Assessment and Expenditures A summary of the assessments to be levied for each property type 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 2014 -15, and as well as the projected fund balance as of June 30, 2015. 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 $ 38.68 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 $ 9.66 Parcel Exempt, Cemeteries, Common Open Space $ 0.00 Parcel MI Harris & Associates- 2 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 2 IMPROVEMENTS May 22, 2014 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). 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. = I Harris & Associates- 3 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 Pursuant to the 1972 Act: May 22, 2014 "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. = I Harris & Associates- 4 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 3 BUDGET May 22, 2014 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. Inflation's Impact on Purchasing Power $1.20 $1.00 $0.80 $0.60 $0.40 $0.20 Pt' P.G �C' 2L i2C' �4 Qir P,+[' PrC' Bar" dry' �G PC' WV 0✓�' QG �G Q� — Change in Purchasing Power 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 maintenance 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 2014 -15. Based upon the projected costs for maintenance and servicing in future years, the fund balance continues to decrease, though at a slower rate as a result of reduced energy costs from the Harris & Associates- 5 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 May 22, 2014 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- L Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 City of Dublin Street Lighting Maintenance Assessment District 1983 -1 May 22, 2014 ADMINISTRATION COSTS Approved Estimated Proposed 11,761 Forecast 11,879 Forecast 11,996 Total Parcels Levied Budget District Administration Expenses 4,860 Budget 4,860 Budget 5,346 Budget 5,613 FY 2013 -14 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 DIRECT COSTS 2,387 $ 2,506 $ 2,632 $ 2,763 County per Parcel Fee $ 4,580 Operating Supplies $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 Contract with Alameda County $ 81,020 $ 81,020 $ 31,940 $ 36,731 $ 42,241 LED Conversion Project - O &M Savings $ (42,156) $ (42,156) $ - $ - $ - California Street Light Association $ 870 $ 870 $ 870 $ 870 $ 870 Utilities - Electricity $ 216,276 $ 216,276 $ 109,250 $ 113,620 $ 118,165 LED Conversion Project - Utilities Savings $ (114,530) $ (114,530) $ - $ - $ - Miscellaneous Expenses $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 TOTAL DIRECT $ 153,480 $ 153,480 $ 154,060 $ 163,221 $ 173,275 ADMINISTRATION COSTS 11,605 11,713 11,761 11,879 11,996 Total Parcels Levied 10,804 District Administration $ 4,860 $ 4,860 $ 5,346 $ 5,613 $ 5,894 Public Works Administration $ 2,387 $ 2,387 $ 2,506 $ 2,632 $ 2,763 County per Parcel Fee $ 4,580 $ 4,580 $ 4,580 $ 4,580 $ 4,580 TOTAL ADMINISTRATION $ 11,827 $ 11,827 $ 12,432 $ 12,825 $ 13,237 COLLECTIONS /(CREDITS) APPLIED TO LEVY $ 153,197 $ 161,340 $ 150,216 $ 126,759 $ 94,736 TOTAL DIRECT AND ADMIN COSTS $ 165,307 $ 165,307 $ 166,492 $ 176,046 $ 186,513 Reserve Collection /(Transfer) $ (11,959) $ (29,250) $ (19,944) $ (32,110) $ (40,325) Capital Improvement Fund Collection /(Transfer) $ - $ - $ - $ - $ - LED Conversion Project - Loan Repayment $ 339,690 $ 357,961 $ 138,672 $ 143,529 $ 143,529 Delinquency Contingency $ 2,851 $ 2,851 $ 2,874 $ 2,904 $ 2,926 LED Conversion Project - PG &E Rebate $ (210,775) $ (210,775) $ - $ - $ - TOTAL ADJUSTMENTS $ 119,807 $ 120,787 $ 121,602 $ 114,323 $ 106,130 Balance to Levy (Budgeted) $ 285,114 $ 285,114 $ 288,094 $ 290,368 $ 292,643 Actual Collection Variance $ 980 APPLIED CHARGE $ 285,114 $ 286,094 $ 288,094 $ 290,368 $ 292,643 Total Revenue at Maximum Rate $ 285,114 $ 286,094 $ 288,094 $ 290,368 $ 292,643 Variance above /(below) Maximum Revenue $ - $ - $ - $ - $ - DISTRICTS STATISTICS Total Parcels 11,605 11,713 11,761 11,879 11,996 Total Parcels Levied 10,804 10,911 $ 10,959 $ 11,077 11,194 Total Equivalent Benefit Units 14,742.22 14,792.88 126,759 14,896.26 $ 15,013.87 $ 15,131.48 Proposed Levy per EBU (19,944) $ $ 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 $ 19.76 $ 20.93 $ 20.29 $ 21.09 $ 21.62 Fund Balance Information Est. Beginning Reserve Fund Balance $ 156,410 $ 182,690 $161,340 $ 150,216 $ 126,759 Reserve Fund Adjustments $ (11,959) $ (29,250) $ (19,944) $ (32,110) $ (40,325) Prior /Penalities /Public Damage $ 6,400 $ 5,400 $ 6,400 $ 6,400 $ 6,400 Interest $ 2,346 $ 2,500 $ 2,420 $ 2,253 $ 1,901 Projected Reserve Balance end of year $ 153,197 $ 161,340 $ 150,216 $ 126,759 $ 94,736 Harris & Associates_ iAF Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 LEVY BREAKDOWN: May 22, 2014 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_ F: Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 May 22, 2014 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 2013/2014. 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- E Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 4 METHOD OF APPORTIONMENT 4.1 GENERAL May 22, 2014 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 Farris & Associates_ 10 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 May 22, 2014 improvements and the desirability and security of those properties is enhanced by the presence of public lighting in close proximity to those properties. The special benefits of street lighting and other public lighting facilities are the convenience, safety, and security of property, improvements, and goods. Specifically: 1) Enhanced deterrence of crime and the aid to police protection. 2) Increased nighttime safety on roads, streets and public areas. 3) Improved ability of pedestrians and motorists to see. 4) Improved ingress and egress to property. 5) Reduced vandalism and other criminal act and damage to 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 Farris & Associates- 11 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 May 22, 2014 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. 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 Harris & Associates- 12 Engineer's Report Street Lighting Maintenance District No. 1983 -1 City of Dublin Fiscal Year 2014 -15 May 22, 2014 properties that are developed for multifamily residential use of five (5) or more units, and are assigned a factor of 6.00 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels identified as vacant apartment land capable of supporting 5 or more units, residential property converted to 5 or more units, cooperatives, restricted income properties, fraternities, sororities, church homes, multiple residential (5 or more units), and residential high -rise (7 or more units). Commercial — (County land use 3x, 8x, 9x) this land use identifies properties that are considered improved commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as car washes, commercial garages, automotive dealerships, parking lots, parking garages service stations, funeral homes, nursing or boarding homes, hospitals, hotels /motels, banks, medical - dental, single and multi -story office buildings, commercial land, department stores, discount stores, restaurants, shopping centers, supermarkets. Industrial — (County land use 4x) this land use identifies properties that are developed for industrial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to lots, or parcels identified as vacant industrial land, warehouses, light and heavy industrial, nurseries, sand and gravel quarries, salt ponds, trucking and distribution terminals, wrecking yards, and miscellaneous industrial. Institutional — (County land use 6x, except 65) This land use identifies properties that are developed for institutional use and are assigned a factor of 5.50 EDU per gross acre. This land use 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 2014 -15 5 ASSESSMENT ROLL May 22, 2014 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 2014 -15. 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 2014 -15 APPENDIX A -DISTRICT'BOUNDARY MAP May 22, 2014 r I � � .�► FSf�i r 41 i oo l S � wt 7 j 4f, O c I 4 Y C !l J fhi N C C � JNyC L L m .� E Harris & Associates_ 15 RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983 -1 WHEREAS, by its Resolution No. 34 -14, a Resolution Directing Preparation of Annual Report for City of Dublin Street Lighting Maintenance Assessment District No. 1983 -1 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 34 -14 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and finds that each and every part of said report is sufficient and that said report neither requires nor should be modified in any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs and expenses of the acquisition of improvements and maintaining said improvements and of the incidental expenses in connection therewith, as contained in said report be, and each of them are hereby preliminarily approved and confirmed; b) That the diagram showing the assessment district, description of the improvements to be acquired and maintained, and the boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and it is hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expenses of the proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said acquisition and maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2014, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983 -1 WHEREAS, by its Resolution No. 34 -14, a resolution directing preparation of annual report for City of Dublin Street Lighting Maintenance Assessment District (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered that Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 34 -14, and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy and collect assessments on all such land to pay the annual costs of the improvements. The City Council finds that the public's best interest requires such levy and collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District, within the boundaries of the City of Dublin, within the County of Alameda, State of California. Section 3 Description of Improvements: The improvements within the District may include, operation, maintenance, acquisition and servicing of street lighting and appurtenant facilities within the boundaries of the District. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a satisfactory operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2014 -2015, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution in official posting locations customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 17, 2014, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at 100 Civic Plaza, Dublin. Section 8 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2014, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk 2 Mayor Engineer's Report for Landscaping and Lighting District No. 1983.2 (Tract 4719) Fiscal Year 2014 -15 For the City of Dublin Alameda County, California May 21, 2014 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 Table of Contents May 21, 2014 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 ice■ (Harris & Associates_ Engineer's Report May 21, 2014 Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. DATED: May 21, 2014 crv�� BY: K. Dennis Klingelfier �F nr ..L XX a Assessment Engineer R.C.E. No. 50255 = I Harris & Associates_ rn x Y NO. 50255 - crv�� BY: K. Dennis Klingelfier �F nr ..L XX a Assessment Engineer R.C.E. No. 50255 = I Harris & Associates_ Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 1 OVERVIEW 1.1 INTRODUCTION May 21, 2014 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. General Description of the District The District was initially formed in 1983 to provide a dedicated source of funding for the on -going maintenance of street landscaping within Tract 4719. The 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. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ( "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. = I Harris & Associates- 1 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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 . Summary of Proposed Assessment and Expenditures A summary of the assessments to be levied for each property type are shown in the table below Property Type Assessment Basis Rate Single - Family Residential (SFR) $ 350.61 Parcel Multi - Family Residential (MFR) $ 59.26 Unit Exempt, Common Open Space, Public Land $ 0.00 Parcel = I Harris & Associates- 2 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 2 IMPROVEMENTS May 21, 2014 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. = I Harris & Associates- 3 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 Pursuant to the 1972 Act: May 21, 2014 "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. = I Harris & Associates- 4 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 3 BUDGET May 21, 2014 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 2014 -15 May 21, 2014 ADMINISTRATION COSTS City of Dublin $ $ $ $ Capital Improvement Fund Collection /(Transfer) $ $ $ Landscape and Lighting District 1983 -2 District Administration $ 2,400 $ 2,400 $ 2,640 Approved Estimated Proposed 2,911 Forecast Forecast 634 Budget Expenses $ Budget $ Budget Budget 734 FY 2013 -14 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 DIRECT COSTS $ 1,450 $ 1,450 $ (17,207) TOTAL ADMINISTRATION $ 4,484 $ Maintenance - Tree $ 2,240 $ 2,240 $ 2,240 $ 2,240 $ 2,240 Maintenance - landscape $ 41,630 $ 41,630 $ 43,712 $ 45,897 $ 48,192 Utilities - Water $ 29,120 $ 29,120 $ 33,488 $ 38,511 $ 44,288 Utilities - Electricity $ 967 $ 967 $ 1,006 $ 1,046 $ 1,088 Miscellaneous Expenses $ 160 $ 160 $ 160 $ 160 $ 160 TOTAL DIRECT $ 74,117 $ 74,117 $ 80,605 $ 87,854 $ 95,968 ADMINISTRATION COSTS $ $ $ $ $ Capital Improvement Fund Collection /(Transfer) $ $ $ $ District Administration $ 2,400 $ 2,400 $ 2,640 $ 2,772 $ 2,911 Public Works Administration $ 634 $ 634 $ 666 $ 699 $ 734 County per Parcel Fee $ 1,450 $ 1,450 $ 1,450 $ 1,450 $ 1,450 $ (17,207) TOTAL ADMINISTRATION $ 4,484 $ 4,484 $ 4,756 $ 4,921 $ 5,095 COLLECTIONS /(CREDITS) APPLIED TO LEVY TOTAL DIRECT AND ADMIN COSTS $ 78,601 $ 78,601 $ 85,361 $ 92,775 $ 101,062 Reserve Collection /(Transfer) $ $ $ $ $ Capital Improvement Fund Collection /(Transfer) $ $ $ $ $ General Fund Loan Repayment /(Advance) $ $ $ $ $ Other Revenues /(General Fund Contributions) $ $ $ $ $ TOTAL ADJUSTMENTS $ $ $ $ $ Balance to Levy (Budgeted) $ 78,601 $ 78,601 $ 85,361 $ 92,775 $ 101,062 Total Revenue at Maximum Rate $ 95,808 $ 95,808 $ 102,137 $ 109,243 $ 117,246 Variance above /(below) Maximum Revenue $ (17,207) $ (17,207) $ (16,776) $ (16,468) $ (16,184) Applied Charge $ 78,601 $ 78,601 $ 85,361 $ 92,775 $ 101,062 DISTRICTS STATISTICS Total Parcels Total Parcels Levied Total SFR Count Total MFR Count Fund Balance Information Est. Beginning Reserve Fund Balance Reserve Fund Adjustments Prior /Penalities /Public Damage Interest Projected Reserve Balance end of year Assessment Revenue Calculation Balance to Levy for SFR (61.61% ofTotal Applied Levy) Applied Levy per SFR Maximum Levy per SFR prior year Maximum Levy per SFR current year Balance to Levy for MFR (38.39% of Total Applied Levy Applied Levy per MFR Maximum Levy per MFR prior year Maximum Levy per MFR current year 715 715 715 715 715 703 703 703 703 703 150 150 150 150 150 553 553 553 553 553 $ 34,686 $ 43,328 $43,761 $ 44,199 $ 44,641 $ 57,159 $ 62,264 $ 322.84 $ 322.84 $ 350.61 $ $ 347 $ 433 $ 438 $ 442 $ 446 $ 35,033 $ 43,761 $ 44,199 $ 44,641 $ 45,087 $ 48,426 $ 48,426 $ 52,591 $ 57,159 $ 62,264 $ 322.84 $ 322.84 $ 350.61 $ 381.06 $ 415.10 $ 363.01 $ 363.01 $ 396.08 $ 419.45 $ 448.63 $ 396.08 $ 396.08 $ 419.45 $ 448.63 $ 481.50 $ 30,175 $ 30,175 $ 32,770 $ 35,616 $ 38,798 $ 54.57 $ 54.57 $ 59.26 $ 64.41 $ 70.16 $ 61.38 $ 61.38 $ 66.97 $ 70.92 $ 75.86 $ 66.97 $ 66.97 $ 70.92 $ 75.86 $ 81.41 L Harris & Associates- Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 LEVY BREAKDOWN: May 21, 2014 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_ VA Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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 2014 -15 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 2014 -15 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 2014 -15 May 21, 2014 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. Item Proposed Budget FY 2014 -15 Forecast Budget FY 2015 -16 Forecast Budget FY 2016 -17 CPI April Prior Year 244.675 N/A N/A CPI April Current Year 247.932 N/A N/A Increase /(Decrease) 1.331% 2.000% 2.000% Prior Year Maximum Levy per SFR $ 396.08 $ 419.45 $ 427.84 Prior Year Maximum Levy per MFR $ 66.97 $ 70.92 $ 72.34 Current Year Maximum Levy per SFR CPI only $ 401.35 $ 427.84 $ 436.39 Current Year Maximum Levy per MFR CPI only $ 67.86 $ 72.34 $ 73.79 Combined Utility Costs Current Year $ 34,494 $ 39,557 $ 45,376 Combined Utility Costs Prior Year $ 30,087 $ 34,494 $ 39,557 Change in Combined Utility Costs 14.65% 14.68% 14.71% Change in Combined Utilities $ 4,407 $ 5,063 $ 5,819 Spread to SFR (61.6 %) $ 2,715 $ 3,119 $ 3,584 Spread to MFR (38.4 %) $ 1,692 $ 1,944 $ 2,234 Amount per SFR for Utilities $ 18.10 $ 20.79 $ 23.89 Amount per MFR for Utilities $ 3.06 $ 3.52 $ 4.04 Maximum Levy per SFR current year $ 419.45 $ 448.63 $ 460.29 Maximum Levy per MFR current year $ 70.92 $ 75.86 $ 77.83 Harris & Associates- E8 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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. Farris & Associates_ so Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 4 METHOD OF APPORTIONMENT 4.1 GENERAL May 21, 2014 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 2014 -15 The special benefits associated with landscape improvements are specifically: May 21, 2014 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. f�■ Farris & Associates_ 12 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 4.3 ASSESSMENT METHODOLOGY May 21, 2014 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 2014 -15 5 ASSESSMENT ROLL May 21, 2014 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 2014 -15. 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 2014 -15 APPENDIX A - ASSESSMENT DIAGRAM May 21, 2014 Landscape Lighting District 83 -2 1 City ofDUblinI 83-2 Camp Parks RFTA ® City of Dublin L City of Dublin. Sphere of Influence r 6 � •� � Y Ke .1 � � t 00, w P d� e sse yes tyre a.aaa rye .7. March 2007 Farris & Associates_ 15 Engineer's Report Landscape and Lighting District No. 1983 -2 City of Dublin Fiscal Year 2014 -15 APPENDIX B - ASSESSMENT ROLL 16 May 21, 2014 Harris & Associates . RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983 -2 WHEREAS, by its Resolution No. 35 -14, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 1983- 2 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 35 -14 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and finds that each and every part of said report is sufficient; and that said report neither requires nor should be modified in any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs and expenses of the acquisition of improvements and maintaining said improvements and of the incidental expenses in connection therewith, as contained in said report be, and each of them are hereby preliminarily approved and confirmed; b) That the diagram showing the assessment district, description of the improvements to be acquired and maintained, and the boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and it is hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expenses of the proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said acquisition and maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2014, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983 -2 WHEREAS, by its Resolution No. 35 -14, a resolution directing preparation of annual report for City of Dublin Landscaping and Lighting Maintenance Assessment District 1983 -2 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered that Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 35 -14, and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy and collect assessments on all such land to pay the annual costs of the improvements. The City Council finds that the public's best interest requires such levy and collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District, within the boundaries of the City of Dublin, within the County of Alameda, State of California. Section 3 Description of Improvements: The improvements within the District may include operation, maintenance, acquisition and servicing of street lighting and appurtenant facilities within the boundaries of the District. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a satisfactory operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2014 -2015, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution in official posting locations customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 17, 2014, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at 100 Civic Plaza, Dublin. Section 8 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2014, by the following vote. AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk 2 Mayor Engineer's Report for Landscaping and Lighting District No. 1986 -1 (Villages at Willow Creek) Fiscal Year 2014 -15 For the City of Dublin Alameda County, California May 21, 2014 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 Table of Contents May 21, 2014 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 ice■ (Harris & Associates_ Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT May 21, 2014 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 21, 2014 BY: K. Dennis KlingelhqWr Assessment Engineer R.C.E. No. 50255 = I Harris & Associates_ Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 1 OVERVIEW 1.1 INTRODUCTION May 21, 2014 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. General Description of the District The District was initially formed in 1986 to provide a dedicated source of funding for the ongoing maintenance of landscaping, including fencing and soundwalls, along the west side of Dougherty Road from Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along Wildwood Road and Fall Creek Road, and certain landscaped areas within the Ridgecreek single - family home development. 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. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ( "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. = I Farris & Associates- 2 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 Summary of Proposed Assessment and Expenditures May 21, 2014 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 $ 202.22 Parcel Multi - Family Residential (MFR) 0.50 $ 101.11 Unit Commercial 4.00 $ 808.88 Parcel Exempt, Common Open Space, Public Land 0.00 $ 0.00 Parcel MI Harris & Associates- 3 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 2 IMPROVEMENTS May 21, 2014 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 of Dougherty Road, between Amador Valley Boulevard and the northerly City Limit line, and along the north side of Amador Valley Boulevard, between Dougherty Road and Wildwood Road. 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. MI Harris & Associates- 4 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 3 BUDGET May 21, 2014 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. MI Harris & Associates- 5 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 May 21, 2014 ADMINISTRATION COSTS City of Dublin Est. Beginning Reserve Fund Balance $ Landscape and Lighting District 1986 -1 $ 76,514 District Administration $ 2,400 $ 2,400 $ Approved Estimated $ Proposed $ Forecast Public Works Administration Forecast 917 Budget Expenses 917 Budget 963 Budget 1,011 Budget 1,062 FY 2013 -14 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 DIRECT COSTS $ 2,140 $ 2,140 $ 2,140 TOTAL ADMINISTRATION Maintenance - Tree $ 14,900 $ 14,900 $ 14,900 $ 14,900 $ 14,900 Maintenance - landscape $ 53,860 $ 53,860 $ 56,553 $ 59,381 $ 62,350 Utilities - Water $ 54,920 $ 54,920 $ 63,158 $ 72,632 $ 83,526 Utilities - Electricity $ 1,820 $ 1,820 $ 1,893 $ 1,969 $ 2,047 Miscellaneous Expenses $ 150 $ 150 $ 150 $ 150 $ 150 (13,852) TOTAL DIRECT $ 125,650 $ 125,650 $ 136,654 $ 149,031 $ 162,973 ADMINISTRATION COSTS Est. Beginning Reserve Fund Balance $ 67,575 $ 76,514 District Administration $ 2,400 $ 2,400 $ 2,640 $ 2,772 $ 2,911 Public Works Administration $ 917 $ 917 $ 963 $ 1,011 $ 1,062 County per Parcel Fee $ 2,140 $ 2,140 $ 2,140 $ 2,140 $ 2,140 TOTAL ADMINISTRATION $ 5,457 $ 5,457 $ 5,743 $ 5,923 $ 6,112 COLLECTIONS /(CREDITS) APPLIED TO LEVY TOTAL DIRECT AND ADMIN COSTS $ 131,107 $ 131,107 $ 142,397 $ 154,954 $ 169,086 Reserve Collection /(Transfer) $ (10,205) $ (10,205) $ (11,175) $ (13,852) $ (17,361) Capital Improvement Fund Collection /(Transfer) $ - General Fund Loan Repayment /(Advance) $ - Delinquency Contingency $ 525 525 525 525 525 Other Revenues /(General Fund Contributions) $ - TOTAL ADJUSTMENTS $ (9,680) $ (9,680) $ (10,650) $ (13,327) $ (16,836) Balance to Levy (Budgeted) $ 121,427 $ 121,427 $ 131,746 $ 141,627 $ 152,249 Total Revenue at Maximum Rate $ 128,061 $ 128,061 $ 138,074 $ 150,385 $ 164,366 Variance above /(below) Maximum Revenue $ (6,635) $ (6,635) $ (6,328) $ (8,758) $ (12,117) DISTRICTS STATISTICS Total Parcels 1,021 1,021 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 $ 186.38 $ 186.38 $ 202.22 $ 217.39 $ 233.69 Max Levy per EDU $ 196.56 $ 196.56 $ 211.93 $ 230.83 $ 252.29 Applied Levy $ 186.38 $ 186.38 $ 202.22 $ 217.39 $ 233.69 Fund Balance Information Est. Beginning Reserve Fund Balance $ 67,575 $ 76,514 $68,676 $ 59,751 $ 48,016 Reserve Fund Adjustments $ (10,205) $ (10,205) $ (11,175) $ (13,852) $ (17,361) Prior /Penalities /Public Damage $ 1,220 1220 1,220 1,220 1,220 Interest $ 1,014 $1,148 $1,030 $896 $720 Projected Reserve Balance end of year $ 59,603 $ 68,676 $ 59,751 $ 48,016 $ 32,595 MI Harris & Associates_ R Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 LEVY BREAKDOWN: May 21, 2014 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 MI Harris & Associates_ VA Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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 2014 -15. 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 MI Harris & Associates- E: Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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 2014 -15. Item Proposed Budget FY 2014 -15 Forecast Budget FY 2015 -16 Forecast Budget FY 2016 -17 CPI April Prior Year 244.675 N/A N/A CPI April Current Year 247.932 N/A N/A % Increase /(Decrease) 1.331% 2.000% 2.000% Prior Year Maximum Levy per EDU $ 196.56 $ 211.93 $ 230.83 Current Year Maximum Levy per EDU- CPI only $ 199.18 $ 216.17 $ 235.45 Combined Utility Costs Current Year $ 65,051 $ 74,600 $ 85,574 Combined Utility Costs Prior Year $ 56,740 $ 65,051 $ 74,600 % Change in Combined Utility Costs 14.65% 14.68% 14.71% Change in Combined Utilities $ 8,311 $ 9,549 $ 10,973 Amount per EDU for Utilities $ 12.76 $ 14.66 $ 16.84 Maximum Levy per EDU current year $ 211.93 $ 230.83 $ 252.29 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. M I Harris & Associates- E8 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 4 METHOD OF APPORTIONMENT May 21, 2014 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 MI Harris & Associates- 10 Engineer's Report May 21, 2014 Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 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). MI Harris & Associates_ 11 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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 EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount MI Harris & Associates_ 12 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 5 ASSESSMENT ROLL May 21, 2014 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 2014 -15. 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. = I Farris & Associates- 13 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 May 21, 2014 APPENDIX A - ASSESSMENT DIAGRAM Landscape Lighting district 86 -1 City of Du: +mp Pencs RFTA Gty of DutW -m Oty of Dypim. Sphere cif tnlvwKe - s Pwc*4 w l f, 1 I 1 F r y f f. March 2007 = I Harris & Associates - 14 ,w R i t March 2007 = I Harris & Associates - 14 Engineer's Report Landscaping and Lighting District No. 1986 -1 City of Dublin Fiscal Year 2014 -15 APPENDIX B - ASSESSMENT ROLL 15 May 21, 2014 Harris & Associates . RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1986 -1 (VILLAGES AT WILLOW CREEK) WHEREAS, by its Resolution No. 36 -14, a Resolution Directing Preparation of Annual Report for City of Dublin Landscaping and Lighting Maintenance Assessment District No. 1986- 1 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 36 -14 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and finds that each and every part of said report is sufficient; and that said report neither requires nor should be modified in any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs and expenses of maintaining said improvements and of the incidental expenses in connection therewith, as contained in said report be, and each of them are hereby preliminarily approved and confirmed; b) That the diagram showing the assessment district, description of the improvements to be maintained, and the boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and it is hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1986 -1 WHEREAS, by its Resolution No. 36 -14, a resolution directing preparation of annual report for City of Dublin Landscaping and Lighting Maintenance Assessment District 1986 -1 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered that Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 36 -14, and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy and collect assessments on all such land to pay the annual costs of the improvements. The City Council finds that the public's best interest requires such levy and collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District, within the boundaries of the City of Dublin, within the County of Alameda, State of California. Section 3 Description of Improvements: The improvements within the District may include operation, maintenance, acquisition and servicing of street lighting and appurtenant facilities within the boundaries of the District. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a satisfactory operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2014 -2015, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution in official posting locations customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 17, 2014, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at 100 Civic Plaza, Dublin. Section 8 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2014, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk 2 Mayor Engineer's Report for Landscape Maintenance Assessment District No. 1997.1 (Santa Rita Area) Fiscal Year 2014 -15 For the City of Dublin Alameda County, California May 21, 2014 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 Table of Contents May 21, 2014 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 ................................................ ..............................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 ....................................................................... .............................12 4.4 Rate Classifications ........................................................................................ .............................12 5 ASSESSMENT ROLL ................................................................................................. .............................14 Appendix A - Boundary Map Appendix B - Preliminary Assessment Roll ice■ (Harris & Associates_ Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT May 21, 2014 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 21, 2014 av��. �`� BY: K. Dennis Klingelhr �F nr -11M a Assessment Engineer R.C.E. No. 50255 MI Harris & Associates_ � o� tqp ^nfZ Y NO. 50255 av��. �`� BY: K. Dennis Klingelhr �F nr -11M a Assessment Engineer R.C.E. No. 50255 MI Harris & Associates_ Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 1 OVERVIEW 1.1 INTRODUCTION May 21, 2014 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. General Description of the District The District was formed to fund street landscape maintenance and utility costs for the Santa Rita development area, also known as Emerald Park. The total District area is approximately 421.87 developed acres bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. A diagram of the District is included in Appendix A of this report. Compliance with the California Constitution Assessments are levied annually within the District pursuant to 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 . = I Harris & Associates- 1 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 Summary of Proposed Assessment and Expenditures May 21, 2014 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) $108.06 Lot California Brookside Multi - Family Residential (MFR) $ 46.83 Unit SummerGlen — Richmond American (North) Lots $ 94.62 Lot SummerGlen — Richmond American (South) Lots $104.14 Lot SummerGlen — Kaufman & Broad Lots $144.92 Lot SummerGlen — Pulte Lots $181.82 Lot Dublin Greene Tract 7084 Single - Family Residential $114.46 Lot Dublin Greene Tract 7149 Multi - Family Residential $ 86.18 Lot Dublin Greene Tract 7149 Condominiums /Apartments $ 44.92 Unit Retail, Office, and Industrial $760.00 Acre = I Harris & Associates- 2 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 2 IMPROVEMENTS May 21, 2014 The District provides for the continued maintenance and servicing of the landscaping and open space areas within the following areas: 1. Portions of 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 Hacienda Drive to Tassajara Road, excluding the elementary school and Emerald Glen Park frontage landscaping. 3. The southerly street frontage for Gleason Drive, from Arnold Road to Tassajara Creek 4. The easterly street frontage for Arnold Road, from Central Parkway to Gleason Drive. 5. The easterly street frontage for Hacienda Drive, from Summer Glen Drive to Gleason Drive and westerly street frontage for Hacienda Drive, from Central Parkway to Gleason Drive. 6. 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). 7. 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. 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, = I Harris & Associates- 3 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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. = I Harris & Associates- 4 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 3 BUDGET May 21, 2014 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 2014 -15 City of Dublin Landscape Maintenance Assessment District 1997 -1 May 21, 2014 ADMINISTRATION COSTS Approved Estimated Proposed Forecast Forecast Budget Expenses 2,400 Budget 2,400 Budget 2,640 Budget 2,772 FY 2013 -14 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 2,649 Inflation Rate ( %) n/a n/a 2,921 n/a County per Parcel Fee n/a 5,330 n/a DIRECT COSTS $ 5,330 $ 5,330 $ 5,330 TOTAL ADMINISTRATION $ 10,379 $ Maintenance - Tree $ 22,740 $ 22,740 $ 22,740 $ 23,877 $ 25,071 Maintenance - landscape $ 194,270 $ 194,270 $ 195,605 $ 205,385 $ 215,655 Utilities - Water $ 98,870 $ 98,870 $ 113,701 $ 130,756 $ 150,369 Utilities - Electricity $ 460 $ 460 $ 478 $ 498 $ 517 Miscellaneous Expenses $ 210 $ 210 $ 210 $ 210 $ 210 TOTAL DIRECT $ 316,550 $ 316,550 $ 332,734 $ 360,725 $ 391,822 ADMINISTRATION COSTS District Administration $ 2,400 $ 2,400 $ 2,640 $ 2,772 $ 2,911 Public Works Administration $ 2,649 $ 2,649 $ 2,781 $ 2,921 $ 3,067 County per Parcel Fee $ 5,330 $ 5,330 $ 5,330 $ 5,330 $ 5,330 TOTAL ADMINISTRATION $ 10,379 $ 10,379 $ 10,751 $ 11,023 $ 11,307 APPLIED TO LEVY TOTAL DIRECT AND ADMIN COSTS teserve Collection /(Transfer) :apital Improvement Fund Collection /(Transfer) ieneral Fund Loan Repayment /(Advance) delinquency Contingency Jther Revenues /(General Fund Contributions) TOTAL ADJUSTMENTS Balance to Levy (Budgeted) Total Revenue at Maximum Rate Variance above /(below) Maximum Revenue 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 Transfer From /To Capital Improvement Fund (CIF) Prior /Penalities /Public Damage Interest Projected Reserve Balance end of year Capital Improvement Fund Balance Information Beginning CIF Balance CIF Adjustments Transfer From /To CIF Projected OF Balance end of year $ 326,929 $ 326,929 $ 343,485 $ 371,748 $ 403,129 $ (30,264) $ (30,181) $ (31,899) $ (52,667) $ (76,402) $ 4,904 $ 4,904 $ 5,152 $ 5,576 $ 6,047 $ (25,360) $ (25,277) $ (26,747) $ (47,091) $ (70,355) $ 301,569 $ 301,569 $ 316,739 $ 324,657 $ 332,774 $ 482,463 $ 482,463 $ 504,971 $ 532,659 $ 534,997 $ (180,895) $ (180,895) $ (188,232) $ (208,002) $ (202,223) $ 301,651 $ 301,651 $ 316,739 $ 324,657 $ 332,774 991 991 991 991 991 976 976 976 976 976 416.76 416.76 416.76 416.76 416.76 $ 723.80 $ 723.80 $ 760.00 $ 779.00 $ 798.48 $ 1,157.65 $ 1,157.65 $ 1,217.50 $ 1,278.09 $ 1,283.70 $ 210,187 $ 248,402 $ 221,947 $ (30,264) $ (30,181) $ (31,899) $ - $ $ (50,000) $ 1,710 $ $ 1,710 $ 3,153 $ 3,726 $ 3,329 $ 184,786 $ 221,947 $ 145,087 $ 50,000 $ 50,000 51 $ 145,087 $ 96,047 $ (52,667) $ (76,402) $ 1,451 $ 960 $ 2,176 $ 1,441 $ 96,047 $ 22,046 Harris & Associates_ Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 LEVY BREAKDOWN: May 21, 2014 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_ VA Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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 Developed Acreage —The total acreage within the District that will receive the special benefits during the current Fiscal Year. Proposed Levy per Acre — The proposed assessment per acre within the District for Fiscal Year 2014 -15. Maximum Levy per Acre — This is the maximum rate per acre allowable within the District for Fiscal Year 2014 -15. 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 Harris & Associates_ Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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. Item Proposed Budget FY 2014 -15 Forecast Budget FY 2015 -16 Forecast Budget FY 2016 -17 CPI April Prior Year 244.675 N/A N/A CPI April Current Year 247.932 N/A N/A % Increase /(Decrease) 1.331% 2.000% 2.000% Prior Year Maximum Levy per EDU excluding utilities $ 874.23 $ 885.87 $ 903.58 Current Year Maximum Levy per EDU- CPI only $ 885.87 $ 903.58 $ 921.66 Combined Utility Costs Current Year $ 114,179 $ 131,253 $ 150,886 Combined Utility Costs Prior Year $ 99,330 $ 114,179 $ 131,253 Change in Combined Utilities $ 14,849 $ 17,074 $ 19,633 % Change in Combined Utility Costs 14.95% 14.95% 14.96% Prior Year Maximum Levy for Utilities $ 283.42 $ 325.79 $ 374.51 Amount per Acre for Utilities $ 325.79 $ 374.51 $ 362.04 Maximum Levy per Acre current year $ 1,211.66 $ 1,278.09 $ 1,283.70 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- E8 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 4 METHOD OF APPORTIONMENT May 21, 2014 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 Harris & Associates_ 10 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 May 21, 2014 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 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 f�■ Harris & Associates_ 11 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 4.3 ASSESSMENT METHODOLOGY May 21, 2014 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. Commercial (including retail, office, and industrial uses, as well as apartment properties) are assessed based on the per -acre figure of $760.00 multiplied by the number of acres per individual lot for Fiscal Year 2014 -15. Harris & Associates_ 12 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 For Fiscal Year 2014 -15, the following assessments resulted from this calculation: May 21, 2014 Property Type Rate Basis California Creekside Single - Family Residential (SFR) $108.06 Lot California Brookside Multi - Family Residential (MFR) $ 46.83 Unit SummerGlen — Richmond American (North) Lots $ 94.62 Lot SummerGlen — Richmond American (South) Lots $104.14 Lot SummerGlen — Kaufman & Broad Lots $144.92 Lot SummerGlen — Pulte Lots $181.82 Lot Dublin Greene Tract 7084 Single - Family Residential $114.46 Lot Dublin Greene Tract 7149 Multi - Family Residential $ 86.18 Lot Dublin Greene Tract 7149 Condominiums /Apartments $ 44.92 Unit Retail, Office, and Industrial $760.00 Acre Harris & Associates_ 13 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 5 ASSESSMENT ROLL May 21, 2014 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 2014 -15. 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. 1997 -1 City of Dublin Fiscal Year 2014 -15 APPENDIX A - ASSESSMENT DIAGRAM May 21, 2014 Harris & Associates- 15 Engineer's Report Landscape and Lighting District No. 1997 -1 City of Dublin Fiscal Year 2014 -15 APPENDIX B - ASSESSMENT ROLL 16 May 21, 2014 Harris & Associates . RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997 -1 (SANTA RITA AREA) WHEREAS, by its Resolution No. 37 -14, a Resolution Initiating Proceedings for Landscaping Maintenance Assessment District No. 1997 -1 (Santa Rita Area) (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 37 -14 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and finds that each and every part of said report is sufficient; and that said report neither requires nor should be modified in any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs and expenses of maintaining said improvements and of the incidental expenses in connection therewith, as contained in said report be, and each of them are hereby preliminarily approved and confirmed; b) That the diagram showing the assessment district, description of the improvements to be maintained, and the boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and it is hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2014, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST: City Clerk Mayor RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997 -1 (SANTA RITA AREA) WHEREAS, by its Resolution No. 37 -14, a resolution directing preparation of annual report for City of Dublin Landscaping Maintenance Assessment District 1997 -1 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered that Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 37 -14, and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy and collect assessments on all such land to pay the annual costs of the improvements. The City Council finds that the public's best interest requires such levy and collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District, within the boundaries of the City of Dublin, within the County of Alameda, State of California. Section 3 Description of Improvements: The improvements within the District may include operation, maintenance, acquisition and servicing of street lighting and appurtenant facilities within the boundaries of the District. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a satisfactory operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2014 -2015, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution in official posting locations customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 17, 2014, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at 100 Civic Plaza, Dublin. Section 8 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2014, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk 2 Mayor Engineer's Report for Street Lighting Maintenance Assessment District No. 1999 -1 (Dublin Ranch and Tracts 7067, 7856, 8024, 8073 & 8074) Fiscal Year 2014 -15 For the City of Dublin Alameda County, California May 23, 2014 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 Table of Contents May 23, 2014 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 ................................................ ..............................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 ....................................................................... .............................12 5 ASSESSMENT ROLL ................................................................................................. .............................14 Appendix A - Boundary Map ice■ (Harris & Associates_ Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT May 23, 2014 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, 2014 BY: K. Dennis Klingelhofer Assessment Engineer R.C.E. No. 50255 MI Harris & Associates_ Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 1 OVERVIEW 1.1 INTRODUCTION May 23, 2014 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. General Description of the District The District was initially formed in 1999 to provide a dedicated source of funding for the ongoing maintenance of public street lighting improvements within the boundaries of the Dublin Ranch development (excepting the golf course). Tract 7067, which is the 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. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ( "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. = I Harris & Associates- 1 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 Summary of Proposed Assessment and Expenditures May 23, 2014 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 $ 40.26 Parcel Commercial 5.50 $ 221.44 Acre Exempt, Common Open Space, Public Land 0.00 $ 0.00 Parcel = I Harris & Associates- 2 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 2 IMPROVEMENTS May 23, 2014 The District provides for the continued installation, maintenance and servicing street lighting improvements within the public right -of -ways and within puiblic 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 capital improvement project 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. Anticipated projects include LED conversions and pole painting. 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). 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; = I Harris & Associates- 3 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 May 23, 2014 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. = I Harris & Associates- 4 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 3 BUDGET May 23, 2014 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 maintenance 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- 5 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 May 23, 2014 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_ Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 City of Dublin Street Lighting Maintenance Assessment District 1999 -1 Inflation Rate (%) DIRECT COSTS Maintenance Contract with Alameda County LED Conversion Project - 0 &M Savings California Street Light Association Utilities - Electricity LED Conversion Project - Utilities Savings Miscellaneous Expenses May 23, 2014 Approved Estimated Proposed $ Forecast $ Forecast Budget Expenses $ Budget COLLECTIONS /(CREDITS) APPLIED TO LEVY Budget 5,374 Budget FY 2013 -14 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 n/a n/a TOTAL DIRECT AND ADMIN COSTS n/a 157,911 n/a 127,118 n/a $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 51,300 $ 51,300 $ 34,500 $ 39,675 $ 45,626 $ (7,844) $ (21,300) $ - $ - $ - $ 390 $ 390 $ 390 $ 390 $ 390 $ 123,290 $ 123,290 $ 88,400 $ 91,936 $ 95,613 $ (20,953) $ (38,290) $ $ $ $ $ - TOTAL DIRECT $ 149,183 $ 118,390 $ 126,290 $ 135,001 $ 144,629 ADMINISTRATION COSTS District Administration $ 3,370 $ 3,370 $ 3,707 $ 3,892 $ 4,087 Public Works Administration $ 1,838 $ 1,838 $ 1,930 $ 2,026 $ 2,128 County per Parcel Fee $ 3,520 $ 3,520 $ 3,520 $ 3,520 $ 3,520 TOTAL ADMINISTRATION $ 8,728 $ 8,728 $ 9,157 $ 9,439 $ 9,735 COLLECTIONS /(CREDITS) APPLIED TO LEVY 5,374 5,432 5,492 6,500.65 6,517.75 TOTAL DIRECT AND ADMIN COSTS $ 157,911 $ 127,118 $ 135,447 $ 144,440 $ 154,364 Reserve Collection /(Transfer) $ 132,864 $ 97,205 $ 138,079 $ 141,229 $ 143,959 -apital Improvement Fund Collection /(Transfer) $ - 38.90 $ 40.26 $ 41.67 $ 43.13 LED Conversion Project- PG &E Rebate $ (39,950) $ (39,950) Delinquency Contingency $ 2,050 $ 2,050 $ 2,050 $ 2,050 $ 2,050 Dther Revenues /(General Fund Contributions) $ - TOTAL ADJUSTMENTS $ 94,964 $ 59,305 $ 140,129 $ 143,279 $ 146,009 Balance to Levy (Budgeted /Estimated) $ 252,875 $ 252,875 $ 275,576 $ 287,718 $ 300,373 Actual Collection Variance $ 665 APPLIED CHARGE $ 252,875 $ 253,540 $ 275,576 $ 287,718 $ 300,373 Total Revenue at Maximum Rate $ 305,596 $ 306,399 $ 330,712 $ 337,569 $ 344,575 Variance above /(below) Maximum Revenue $ (52,721) $ (52,859) $ (55,136) $ (49,851) $ (44,201) DISTRICTS STATISTICS Total Parcels Total Parcels Levied Total Equivalent Benefit Units Proposed Levy per EDU Maximum Allowed Levy per EDU Applied Levy per EDU id Balance Information Beginning Reserve Fund Balance erve Fund Adjustments nsfer From /(To) Capital Improvement Fund )r /Penalities /Public Damage Projected Reserve Balance end of year Beginnng CIF Balance OF Adjusments LED Conversion Project CIF Pole Painting Trasfer From /(To) CIF Reserve Fund Proiected CIF Year End Fund Balance 5,585 5,639 5,993 6,051 6,111 4,987 5,035 5,374 5,432 5,492 6,500.65 6,517.75 6,844.65 6,904.58 6,964.51 $ 38.90 $ 38.90 $ 40.26 $ 41.67 $ 43.13 $ 47.01 $ 47.01 $ 48.32 $ 48.89 $ 49.48 $ 38.90 $ 38.90 $ 40.26 $ 41.67 $ 43.13 $ 207,229 $ 207,229 $ 151,000 $ 169,883 $ 176,452 $ 94,964 $ 97,205 $ 138,079 $ 141,229 $ 143,959 $ (162,864) $ (162,864) $ (128,350) $ (144,401) $ (149,984) $ 6,322 $ 6,322 $ 6,889 $ 7,193 $ 7,509 $ 3,108 $ 3,108 $ 2,265 $ 2,548 $ 2,647 $ 148,759 $ 151,000 $ 169,883 $ 176,452 $ 180,583 $ 215,055 $ 291,149 $ 140,213 $ 238,563 $ 352,964 $ (283,800) $ (283,800) $ $ $ $ (30,000) $ (30,000) $ (30,000) $ (30,000) $ (30,000) Harris & Associates- Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 LEVY BREAKDOWN: May 23, 2014 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 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 Harris & Associates_ F: Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 May 23, 2014 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 2013/2014. 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" (applies to all costs except electricity), plus Harris & Associates- E, Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 May 23, 2014 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 2014 -15. April CPI Not available for FY13 -14 Report 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 Proposed Forecast Forecast Budget Budget Budget Item FY 2014 -15 FY 2015 -16 FY 2016 -17 CPI April Prior Year * 244.675 N/A N/A CPI April Current Year 247.932 N/A N/A Increase /(Decrease) 1.331% 2.000% 2.000% Prior Year Maximum Levy per EDU less Electricty Costs $ 28.31 $ 28.69 $ 29.26 Current Year Maximum Levy per EDU- CPI only $ 28.69 $ 29.26 $ 29.85 Electricity Costs Current Year $ 88,400 $ 91,936 $ 95,613 Electricity Cost Costs Prior Year $ 123,290 $ 88,400 $ 91,936 Change in Electricity Cost $ (34,890) $ 3,536 $ 3,677 % Change in Electricity Cost - 28.30% 4.00% 4.00% Max Amount per EDU for Electricity Cost $ 19.63 $ 19.63 $ 19.63 Maximum Levy per EDU current year $ 48.32 $ 48.89 $ 49.48 April CPI Not available for FY13 -14 Report 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 Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 4 METHOD OF APPORTIONMENT May 23, 2014 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. Harris & Associates_ 11 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 May 23, 2014 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 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. Harris & Associates_ 12 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 May 23, 2014 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_ 13 Engineer's Report Street Lighting Maintenance District No. 1999 -1 City of Dublin Fiscal Year 2014 -15 5 ASSESSMENT ROLL May 23, 2014 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 2014 -15. 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. 1999 -1 City of Dublin Fiscal Year 2014 -15 APPENDIX A - DISTRICT BOUNDARY MAP 3 0 0 U .i A 4M 1 C1 ro -o r �a d G O 1Q iL Lam] AA.i 4S C Q 8 Q � raa 0) k cs U U 15 May 23, 2014 M Harris & Associates_ RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1999 -1 WHEREAS, by its Resolution No. 38 -14, a Resolution Directing Preparation of Annual Report for City of Dublin Street Lighting Maintenance Assessment District No. 1999 -1, Dublin Ranch (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 38 -14 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and finds that each and every part of said report is sufficient; and that said report neither requires nor should be modified in any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs and expenses of the acquisition of improvements and maintaining said improvements and of incidental expenses in connection therewith, as contained in said report be, and each of them are hereby preliminarily approved and confirmed; b) That the diagram showing the assessment district, description of the improvements to be acquired and maintained, and the boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and it is hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expenses of the proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said acquisition and maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2014, by the following vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1999 -1 WHEREAS, by its Resolution No. 38 -14, a resolution directing preparation of annual report for City of Dublin Street Lighting Maintenance Assessment District 1999 -1 (the "District "), this Council designated the Public Works Director as Engineer of Work and ordered that Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 38 -14, and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy and collect assessments on all such land to pay the annual costs of the improvements. The City Council finds that the public's best interest requires such levy and collection. Section 2 District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District, within the boundaries of the City of Dublin, within the County of Alameda, State of California. Section 3 Description of Improvements: The improvements within the District may include operation, maintenance, acquisition and servicing of street lighting and appurtenant facilities within the boundaries of the District. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a satisfactory operating condition. Section 4 Proposed Assessment Amounts: For Fiscal Year 2014 -2015, the proposed assessments are outlined in the Engineer's Report which details any changes or increases in the annual assessment. Section 5 Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Section 6 Notice: The City Clerk is hereby directed to give notice of said hearing to all property owners in the District by causing the publishing of this Resolution once a week in a local newspaper published and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution in official posting locations customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 17, 2014, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chambers, located at 100 Civic Plaza, Dublin. Section 8 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED this 3rd day of June, 2014, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk 2 Mayor