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Home My WebLink AboutPW Pt. San Pedro Assessment District FY2012-13Agenda Item No: 4 b Meeting Date: July 16, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: City Manager Approval Director of Public Works File No.: 03.01.180.03 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012/2013 RECOMMENDATION: Adopt Resolution BACKGROUND: In the 1990's, the City Council made difficult budget cuts and service reductions by deciding to abandon median maintenance throughout the City. At that time, over 42 miles of medians received routine watering, pruning and maintenance on a regularly scheduled basis. Based upon difficult economic circumstances and budgetary conditions, the City ceased maintaining all medians. In 1997- 1998, an attempt to form an assessment district under the Landscaping and Lighting Act of 1972 ("1972 Act") was initiated to fund median maintenance along Point San Pedro Road. However, that effort failed because property owners voted against the district formation. In 2008, the Point San Pedro Medians Committee, a group of 46 concerned residents from 20 homeowners associations, was established to address the beautification of 4.5 miles of the Pt. San Pedro Road medians. In May 2010, committee representatives met with the City and requested the City undertake proceedings to form what is now known as the Pt. San Pedro Road Median Landscaping Assessment District. To support these efforts, the committee raised over $68,000 from donors to cover the cost of forming the District which would fund the renovation of the median landscaping and the ongoing maintenance of landscaping within the District boundaries. On April 4, 2011 the City Council adopted three resolutions that initiated the formation process for the Pt. San Pedro Road Median Landscaping Assessment District including: 1.) a resolution initiating formation of the Pt. San Pedro Road Median Landscaping Assessment District; 2.) a resolution authorizing execution of a memorandum of understanding between the City of San Rafael and the County of Marin FOR CITY CLERK ONLY File No.: — Council Meeting: 11 Disposition:H SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 concerning the formation of the District; and 3.) a resolution approving the engineer's report for the formation of the District. On May 2, 2011, in accordance with the 1972 Act and the provisions of Article XIIID of the California Constitution, the City Council adopted a Resolution of Intention declaring the Council's intent to form the District, to levy annual assessments commencing in fiscal year 2011/2012, and to set a public hearing date regarding these matters. The Council also called for the balloting of property owners objecting to the proposed assessments, again in accordance with the provisions of the California Constitution. A public hearing regarding the District formation and levy of the new assessments was conducted by the City Council on June 20, 2011. Upon conclusion of that public hearing, the City Clerk or designee was directed to open and tabulate the ballots. On June 22, 2011 the results of the ballot tabulation were presented and adopted by resolution of the City Council, the results of which were approximately 61.4% of the weighted ballots being in favor of the assessments and 38.61% being opposed. Finding that a majority protest did not exist, the City Council adopted a resolution to adopt the engineer's report, confirmed the assessments, ordered the work and acquisitions, and the levy of assessments for the first fiscal year (2011/2012). In accordance with the Landscape and Lighting Act of 1972 the City Council is responsible for confirming the Assessment Diagram and levying the assessment for the next fiscal year for the Pt. San Pedro Road Median landscaping Assessment District. Willdan Financial Services prepared the Engineer's Annual Report entitled "City of San Rafael, Engineer's Annual Report, Pt. San Pedro Road Median Landscaping Assessment District, Fiscal Year 2012-2013" ("Engineer's Report"). On July 2, 2012 the City Council adopted the following resolutions: 1. RESOLUTION NO. 13373- RESOLUTION INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, FISCAL YEAR 2012-2013 2. RESOLUTION NO. 13374 - RESOLUTION PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT REGARDING THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT FOR THE FISCAL YEAR 2012-2013 3. RESOLUTION NO. 13375 - RESOLUTION DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE FISCAL YEAR 2012- 2013 IN THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, AND SETTING A PUBLIC HEARING THEREON FOR JULY 16, 2012 AT 7:00 PM The Council also set the date for the required Public Hearing for July 16, 2012. The purpose of the Public Hearing is to receive any comments about the Annual Report. A description of work is part of the Engineer's Annual report. The entire 4.5 miles median landscaping was designed and the City Council adopted plans and specification on April 2, 2012. The median landscaping improvement project (#11163) was consequently bid. On June 4, 2012 the City Council adopted resolution number 13352 and conditionally (until financing is secured) awarded the contract to Cleary Brothers Landscape for the amount of $1,463,925.50. The finance department staff is working on financing the project and it is expected the project will commence in late July and be complete by November 2012. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 1. RESOLUTION NO. 13373— RESOLUTION INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, FISCAL YEAR 2012-2013 Under the Landscaping and Lighting Act of 1972, the first step of each fiscal year, in order to levy the District's annual assessments, is for the City Council to adopt a Resolution initiating proceedings for the annual levy and collection of assessments for the Pt. San Pedro Road Median Landscaping Assessment District for fiscal year 2012-2013. This Resolution generally describes the location and extent of the proposed District, describes the nature of the proposed improvements within the District for which properties will be assessed, and orders the assessment engineer to prepare and file an Engineer's Report in accordance with the 1972 Act. 2. RESOLUTION NO. 13374 — RESOLUTION PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT REGARDING THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT FOR THE FISCAL YEAR 2012- 2013 The engineer's report is required to identify those public improvements to be financed by the District assessments, estimate the cost of improvements, and the method of assessment spread to apportion those costs to the parcels within the District in proportion to the special benefits received resulting in the dollar amount to be assessed against each parcel for fiscal year 2012/2013. Each parcel's assessment includes both its portion of the capital improvement cost as well as its share of the estimated annual maintenance cost. A total of three hundred and twenty four parcels (324) prepaid in full their proportionate capital improvement cost obligation during the cash collection period following the formation of the District (nine of which are publicly owned properties). These parcels are now only subject to the annual maintenance assessments. The Engineer's report has been reviewed by City staff as well as the City's other consultants involved in the capital improvement financing. The report is accepted as complete for the purposes of establishing the District assessments for fiscal year 2012/2013. The assessments established in the Report for fiscal year 2012/2013 are consistent with the assessments established at the time of formation and approved by the property owners in the protest ballot proceedings conducted according to the provisions of the California Constitution. As authorized at the time of formation, the maximum amount that can be assessed each fiscal year includes an adjustment for inflation based on the greater of 3% or the annual percentage change in the Consumer Price Index. Accordingly, the maximum assessment allowed per Equivalent Benefit Unit (EBU) for fiscal year 2012/2013 is $77.25 (a 3% increase over the $75.00 maximum assessment for fiscal year 2011/2012). The Engineer's Report for fiscal year 2012/2013 proposes an assessment rate of $46.06 per EBU for capital improvement costs (debt service payments), unchanged from the previous year, and an assessment rate of $28.94 per EBU for Operations & Maintenance which results in a combined assessment rate of $75.00, which is less than the maximum assessment rate allowed. 3. RESOLUTION NO. 13375 — RESOLUTION DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE FISCAL YEAR 2012-2013 IN THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, AND SETTING A PUBLIC HEARING THEREON FOR JULY 16, 2012 AT 7:00 PM SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Pursuant to the provisions of the 1972 Act, the City Council must annually conduct a public hearing regarding the levy of District assessments. After preliminary approval of the Engineer's Report, the City Council must adopt a Resolution of Intention which declares the City Council's intention to levy and collect assessments within the district for the fiscal year, generally describes the proposed improvements and any substantial changes to be made, refers to the District by name and to the Engineer's Report, on file with the clerk, for a full and detailed description of the improvements, and gives notice of the time, and place for the public hearing on the levy of the proposed assessments. ANALYSIS: Pursuant to Resolution No. 13375, the Council must hold the required public hearing prior to approving the levy of the proposed assessments. The City Clerk published the public hearing notice resolution in the Marin Independent Journal on July 6, 2012. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard regarding the District, and the City Council will consider all oral statements and written protests made or filed by any interested person. Upon conclusion of the public hearing the City Council may by resolution adopt the District assessments as presented in the Engineer's Report as submitted or modified and order the levy and collection of the approved assessments for fiscal year 2012/2013. FISCAL IMPACT: As noted in the original engineer's report for the formation of the District and outlined in this year's Annual Engineer's Report, the general benefit cost for the capital improvements is estimated to be $45,500, $28,665 of which will be the City's share and $16,835 will be the County's share. In addition, the report estimated that the prepayment assessment for non taxable parcels was $21,337 of which the City's share is $13,442 and County's share is $7,895. These costs have already been paid. For fiscal year 2012/2013, the annual maintenance cost for non- taxable parcels is estimated to be $1,377, of which the City's share will be $868 and County's share will be $509. In addition, the County will contribute up to $5,490 and the City will contribute up to $9,775 for a total of $15,265 in funding and/or services towards incidental costs related to the maintenance and operation of the District for fiscal year 2012/2013. The proposed assessments for the typical single family unit for fiscal year 2012/2013 will be $75.00 ($46.06 for debt services and $28.94 for annual maintenance cost), which is less than the allowed maximum rate of $77.25 for fiscal year 2012/2013. FISCAL IMPACT: There is no direct fiscal impact, apart from the minimal staff time required to generate this report and the related resolution. OPTIONS: The Council can conduct the Public Hearing and adopt the Resolution as described. ACTION REQUIRED: Staff recommends that the Council adopt the Resolution Confirming the Engineer's Annual Levy Report for the Pt. San Pedro Road Median Landscaping Assessment District; the Assessment Diagram connected therewith, and ordering the levy and collection of assessment for fiscal year 2012/2013 Enclosures: 1. Resolution, with attached Exhibit "A" (Engineer's Annual Report) RESOLUTION NO. 13386 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT; THE ASSESSMENT DIAGRAM CONNECTED THEREWITH; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012/2013 RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as follows: WHEREAS, the City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (the "1972 Act"), did by previous Resolution, initiate proceedings for the annual levy of assessments for the San Rafael Pt. San Pedro Road Median Landscaping Assessment District (the "District") for Fiscal Year 2012/2013 for the special benefits received by properties therein from the improvements related thereto in accordance with the provisions of the California Constitution Article XIIID (the "Constitution"); and, WHEREAS, an Engineer's Report, entitled "City of San Rafael, Engineer's Annual Report, Pt. San Pedro Road Median Landscaping Assessment District, Fiscal Year 2012-2013", a copy of which is attached hereto as Exhibit A ("Engineer's Report") containing an Assessment Diagram has been prepared, filed and presented to the City Council in connection with the proposed annual levy of assessments for parcels within the District for Fiscal Year 2012/2013 as required by the 1972 Act and the Constitution; and, WHEREAS, the City Council has duly held a public hearing regarding these matters and the City Council desires to levy and collect the annual assessments against parcels of land within the District for the fiscal year commencing July 1, 2012 and ending June 30, 2013 (Fiscal Year 2012/2013), to pay the costs and expenses determined to be of special benefit to the properties within the District, as described in the Engineer's Report. NOW, THEREFORE IT IS HEREBY RESOLVED that: Section 1: The above recitals are true and correct. Section 2: Based on testimony given and the documents and discussion presented, the City Council has directed and confirmed any necessary modifications or amendments to the Engineer's Report previously presented and filed, and said modifications or amendments so reflected by the minutes of this meeting shall by reference be incorporated into the approved Engineer's Report. Section 3: The Engineer's Report and Assessment Diagram connected therewith as approved, shall constitute the territory and properties within the District, and shall be the basis upon which the annual assessments are calculated in accordance with the method of apportionment and the assessment rates as described therein. Said assessments as described in the Engineer's Report as submitted or amended, including the assessment range formula, are herby confirmed and adopted by the City Council. Sections 4: Based upon its review of the Engineer's Report (including any amendments, as applicable), which has been filed with the City Clerk, the City Council hereby finds and determines that: 4a) The land within the boundaries of the District will receive special benefit from the improvements, services, activities and all appurtenant facilities and expenses related thereto, that are to be provided by the District as outlined in the Engineer's Report. 4b) The boundaries of the District as defined by the Assessment Diagram contained in the Engineer's Report includes all of the lands receiving such special benefit. 4c) The net amount to be assessed upon the lands within the District, has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing with Fiscal Year 201212013. Section 5: The City Council hereby orders the proposed improvements as described in the Engineer's Report to be made. The improvements so described generally include, but are not limited to, the construction, installation, maintenance, operation, servicing and financing of the median landscaping within the District or directly associated with the properties therein for the special benefit of those properties. Section 6: The adoption of this Resolution confirms the Assessment Diagram in the Engineer's Report which defines the boundaries of the District; the maximum assessment rate applicable to the District including the assessment range formula; and the assessments to be levied for the fiscal year commencing July 1, 2012 and ending June 30, 2013, as described in the Engineer's Report and adopted by the City Council. Section 7: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's adoption and confirmation of the Assessment Diagram for the District; and the assessments to be levied for Fiscal Year 201212013 as described in the Engineer's Report. Section 8: The City Clerk or their designee is hereby authorized and directed to file the levy of assessments for Fiscal Year 2012/2013 as approved, with the County Auditor of Marin upon adoption of the Resolution confirming the annual assessments for all parcels in the District, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a scheduled meeting of the City Council of the City of San Rafael on Monday, the 16th day of July, 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller, Levine ESTHER C. BEIRNE, City Clerk rai.xlz*v*.Tx-"xm 101 adil 01 CITY OF SAN RAFEL 1400 FIFTH AVENUE iAN RAFAEL, CA 94901 extending -WrWILLDAN -Vour ,'-:inand a'i Services I reach Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Annual Levy of Assessments City of San Rafael Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 County of Marin, State of California This Report and the enclosed descriptions, budgets and diagram outline the proposed improvements and assessments associated with the Pt. San Pedro Road Median Landscaping Assessment District for Fiscal Year 2012/2013. Said District includes each lot, parcel, and subdivision of land within the boundaries of the Pt. San Pedro Road Median Landscaping Assessment District, as they existed at the time of the passage of the Resolution of Intention and as defined by the District Diagram, a copy of which is contained herein as Part IV, Reference is hereby made to the Marin County Assessor's maps for a detailed description of the lines and dimensions of parcels within the Pt. San Pedro Road Median Landscaping Assessment District. The undersigned respectfully submits the enclosed Report as directed by the City of San Rafael City Council. Dated this day of 12012. Willdan Financial Services Assessment Engineer On Behalf of the City of San Rafael By: Jim McGuire Senior Project Manager By: Richard Kopecky R. C. E. # 16742 LLDAN rinancw Sembom Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 INTRODUCTION................................................................................................................... 1 PART 1: PLANS AND SPECIFICATIONS ..................................................................... 6 A. DESCRIPTION OF THE DISTRICT .................................................................................... 6 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ..........................................................6 C. DISTRICT IMPROVEMENTS ............................................................................................. 8 PART II: METHOD OF APPORTIONMENT ................................................................ 10 A. PROPOSITION 218 BENEFIT ANALYSIS ....................................................................... 10 B. METHOD OF ASSESSMENT .......................................................................................... 14 PART III: ESTIMATE OF IMPROVEMENT COSTS (BUDGET) ...........................22 PART IV: DISTRICT DIAGRAM ..................................................................................... 27 PART V: ASSESSMENT ROLL ..................................................................................... 29 APPENDIX A: BOND INFORMATION ......................................................................... 30 APPENDIX B: IMPROVEMENT AREAS ..................................................................... 33 APPENDIX C: ANNUAL ASSESSMENTS (FY 2012/2013) ...................................52 Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 201212013 Due in part to a severe drought in 1976, and the subsequent deterioration of the irrigation system, the landscape improvements within the median islands along Point San Pedro Road and Third Street east of Union Street significantly declined to a point that very little of the original landscaping remained other than some of the trees and vegetation that were able to survive with little water. Although the original landscaping for the twenty-nine (29) median islands along Point San Pedro Road and Third Street (hereafter, referred to collectively as the "Pt. San Pedro Road Medians" or "Medians") were installed in connection with and for the benefit of the surrounding developments and properties that are directly adjacent to Point San Pedro Road and Third Street and/or serve as the primary access streets to those developments and properties, no local funding source was established to ensure the ongoing maintenance of those improvements. Ultimately, without a direct source of revenue pledged for repair, reconstruction and maintenance of the landscaping within these Medians (located, both within the City limits of the City of San Rafael and in the immediate contiguous unincorporated area of the County of Marin), it was necessary for both the County and City to limit the servicing of what landscaping remained to occasional trimming to control over -growth. As a result many properties owners in close proximity to Point San Pedro Road both within the City limits of the City of San Rafael and in the immediate contiguous unincorporated area of the County of Marin, organized an effort to facilitate the formation of an assessment district in the area to fund the capital costs associated with construction and restoration of the landscaping within the Pt. San Pedro Road Medians, as well as the ongoing maintenance and operation of those improvements. Because these Medians and the properties that derive a direct and special benefit from those improvements (properties immediately adjacent to and/or directly access the streets where the medians are located), encompasses an area (territory) that includes properties and improvement areas within both the City of San Rafael and unincorporated portions of the County of Marin, in order to establish such an assessment district the two agencies entered into a Memorandum of Understanding (MOU) concerning the formation of an assessment district for the purpose of funding in whole or in part through annual assessments, the capital costs and ongoing maintenance and operation of the landscaping within the Pt. San Pedro Road Medians. Pursuant to the MOU between the City of San Rafael (hereafter, referred to as the "City") and the County of Marin (hereafter, referred to as the "County"), adopted by both the County Board of Supervisors and by the City Council, the City was designated as the lead agency with the City Council being the legislative body for the proposed assessment district. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Ultimately in 2011, the City Council initiated proceedings and declared their intention to establish a special benefit assessment district pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code commencing with §22500 (hereafter referred to as the "1972 Act"), and as applicable for the issuance of related bonds, pursuant to the Improvement Bond Act of 1915 Part 1 of Division 10 of the California Streets and Highways Code commencing with §8500 (hereafter referred to as the "1915 Act"), said district to be designated as the: Pt. San Pedro Road Median Landscaping Assessment District (hereafter referred to as "District"), for the purpose of providing a revenue source to fund the annual debt service obligation for bonds issued to finance the construction, installation, enhancement, renovation and rehabilitation of the landscaping and related facilities; as well as the annual costs and expenses for the ongoing operation, maintenance, and servicing of those improvements including administration and other incidental expenses. In accordance with the 1972 Act and the requirements of the California Constitution, Article XIIID (hereafter referred to as the "Constitution"), the City Council called for an Engineer's Report to be prepared regarding the formation of the District and proposed assessments. As part of this District formation, in accordance with the Constitution Article XIIID Section 4 and the provisions of Government Code, Section 53753, the City conducted a property owner protest ballot proceeding for the proposed District special benefit assessments. In conjunction with this ballot proceeding, a noticed public hearing was held on June 20, 2011 to consider public testimonies, comments and written protests regarding the formation of the District and the levy of assessments. Upon conclusion of the public hearing, protest ballots received were opened and tabulated to determine whether majority protest existed (with ballots weighted based on proportional assessment amounts), and on June 22, 2011 the City Council confirmed the results of that ballot tabulation, with approximately 61.4% of the weighted ballots being in favor of the assessments and 38.61 % being opposed. Finding that majority protest did not exist, the City Council approved and adopted the formation of the District and order the levy and collection of assessments for fiscal year 2011/2012 (first year's annual assessments). The assessment rate, method of apportionment and assessments including the assessment range formula established in the Engineer's Report at the time of formation of the District and as described herein, became effective commencing in Fiscal Year 2011/2012 and may be levied annually pursuant to the provisions of the 1972 Act and as applicable the provisions of the 1915 Act. The annual assessments each fiscal year shall be based on the estimated revenues needed to support the annual debt service obligation for bonds or other financing issued to fund the construction, installation, enhancement, renovation and rehabilitation of the landscaping and related facilities; as well as the annual costs and expenses for the ongoing operation, maintenance, and servicing of those improvements including administration and other incidental expenses as authorized pursuant to the 1972 Act and the 1915 Act. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 This Engineer's Annual Report (hereafter referred to as "Report") has been prepared in connection with the annual levy and collection of assessments of said District to be collected on the County Tax Rolls for fiscal year 2012/2013, pursuant to Chapter 3, beginning with §22620 of the 1972 Act. The District includes all lots and parcels of land within a defined boundary as shown on the District Diagram included in this Report as Part IV and further identified by the Marin County Assessor's Office Assessor's Parcel Numbers (parcels), a listing of which along with the 2012/2013 annual assessment amount for each is contained in Appendix C in this Report. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number (APN) by the Marin County Assessor's Office. The Marin County Auditor/Controller uses Assessor's Parcel Numbers and specific a Fund Number to identify properties to be assessed on the tax roll for the special benefit assessments described herein. This Report describes the District; identifies the improvements including any proposed substantial changes to such improvements to be provided; the estimated expenditures; and the resulting special benefit assessments to be levied and collected on the County tax rolls for fiscal year 2012/2013. The total District annual assessment presented herein is based on an estimated budget that reflects the revenues required to fund in whole or in part the capital costs associated with construction and restoration of the landscaping within the Pt. San Pedro Road Medians, as well as the ongoing maintenance and operation of those improvements. While the proposed total annual assessment for each property will be comprised of two components, one for debt service on Bonds or other financing issued for the initial capital construction costs, and the second for the annual operation and maintenance of the improvements, all annual assessment revenues including those budgeted for operation and maintenance shall be pledged first to the repayment of the capital improvement costs (debt service on bonds or other financing) with the remaining assessment revenues collected each fiscal year (not applied to debt service and associated administrative expenses) being applied to maintenance and authorized incidental expenses. Each fiscal year, an Engineer's Report shall be prepared and presented to the City Council describing the District, any changes to the District or improvements, the proposed budget and assessments for that fiscal year, and the City Council shall hold a noticed public hearing regarding these matters prior to approving and adopting the annual levy of assessments. At the conclusion of the public hearing the City Council may, by resolution, adopt this Report (as submitted or amended) including the assessment diagram; any changes to the improvements to be made, and order the levy and collection of the assessments as described herein. In such case, the assessments (as provided herein or as amended) shall be submitted to the County Auditor/Controller for inclusion on the property tax roll for fiscal year 2012/2013. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 This Report consists of five (5) parts: PART I Plans and Specifications: This part of the Report contains a general description of the location and extent for the proposed works and improvements within the District boundaries. As of the writing of this Report, detailed plans and specifications for the construction and installation of these improvements and construction costs are being finalized. These plans and specifications (designs and plans) are on file in the office of Public Works of the City of San Rafael and have been utilized to estimate the construction costs and maintenance requirements for fiscal year 2012/2013. The Method of Apportionment: A discussion of the general and special benefits associated with the improvements within the Pt. San Pedro Median Landscaping Assessment District (Proposition 218 Benefit Analysis), which includes the original determination of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed) established in the Engineer's Report at the time of formation. This section of the Report also outlines the method of calculating each property's proportional special benefit and annual assessment utilizing a weighted benefit comparison among the different property types within the District. Estimate of Improvement Costs (Budget): An estimate of the average annual cost to fund the improvements and facilities that will be provided by this District resulting in the establishment of an initial maximum assessment rate and annual inflationary adjustment to be approved by the property owners of record. This estimate of the improvement costs (budget) includes an estimate of the average debt service payment for bonds to be issued for the construction and installation of the median landscape improvements based on an estimated par amount of $1,750,000.00 (Principal); funds to be collected for the annual maintenance and servicing of the improvements; and incidental expenses including, but not limited to District administration expenses, county fees and professional services related to the improvement project, annual levy of assessments and bonds issued for the District. The proposed maximum assessment (Rate per Equivalent Benefit Unit) identified in the budget establishes the initial maximum annual assessment rate for the District to be presented to the property owners of record for approval and shall include an annual inflationary adjustments. The proposed assessments each fiscal year shall be based on the estimated net annual cost to fund the District improvements and activities for that fiscal year, but shall not exceed the maximum assessment rate established for the District. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 PART IV Assessment Diagram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels that will receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the boundaries of the District for fiscal year 2012/2013 shall be based on the Marin County Assessor's Parcel Maps as they existed at the time this Report was presented to the City Council for the adoption of the Resolution of Intention, and shall include all subsequent subdivisions, lot -line adjustments or parcel changes therein. Reference is hereby made to the Marin County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. PART V Assessment Roll: A summary of the assessment amounts to be levied and collected for fiscal year 2012/2013 is provided in this section of the Report and a listing of the assessment amount for each parcel is provided in Appendix C. The assessment amount for each parcel is based on the parcel's calculated proportional special benefit as outlined in the Method of Apportionment included in this Report as Part 11 and the annual assessment rates established by the estimated budgets included in this Report as Part 111. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 The territory within the District is outlined in an Assessment Diagram incorporated herein under Part IV of this Report. This diagram incorporates all lots, parcels and subdivisions of land within the District as the same existed at the time this Report was prepared. The District generally includes all or a portion of the parcels identified on the following Marin County Assessor's Parcel Map Books: 008; 009; 014; 015; 016; 017; 184; 185; and, 186. The parcels within these Assessor's Parcel Map Books that comprise the District are summarized in Part V (Assessment Roll) of this Report, and a detailed listing of the Assessor's Parcel Numbers and corresponding proportional annual assessments for fiscal year 2012/2013 is contained in Appendix C. The purpose of this District is to provide a stable revenue source to fund the construction, renovation and rehabilitation of the median island landscaping and related facilities on Third Street and Point San Pedro Road as well as the ongoing operation, maintenance of those improvements (collectively referred to as "Improvements") that provide special benefits to properties within the District, including incidental expenses and debt services for any bond(s), loans or other repayment plans incurred to finance capital improvements. The proposed plan and location of the median islands to be landscaped, upgraded, and renovate through the construction and installation of landscaping improvements and related facilities are generally described in this section. Detailed design plans and specifications for the improvements have been prepared in the detail necessary for the actual construction and installation of the improvements and these plans and specifications are on file in the office of Public Works of the City of San Rafael. B. Improvements Authorized by the 1972 Act As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following: The installation or planting of landscaping. The installation or construction of statuary, fountains, and other ornamental structures and facilities. The installation or construction of public lighting facilities. 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, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. The maintenance or servicing, or both, of any of the foregoing. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 v The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to: • The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; • Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "Maintain" or "maintenance" to mean 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. v Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. The removal of trimmings, rubbish, debris, and other solid waste. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Furthermore, the 1972 Act specifies that where the cost of improvements (other than maintenance and operations) is greater than can be conveniently raised from a single annual assessment, an assessment to be levied and collected in annual installments. In that event, the governing body may choose to do any of the following: Provide for the accumulation of the moneys in an improvement fund until there are sufficient moneys to pay all or part of the cost of the improvements. Provide for a temporary advance to the improvement fund from any available and unencumbered funds of the local agency to pay all or part of the cost of the improvements and collect those advanced moneys from the annual installments collected through the assessments. Borrow an amount necessary to finance the estimated cost of the proposed improvements. The amount borrowed, including amounts for bonds issued to finance the estimated cost of the proposed improvements. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 201212013 mlrtTxw The District improvements may include, but are not limited to the construction, installation, enhancement, renovation and rehabilitation of the landscaping and related facilities of the Point San Pedro Road/Third Street median islands as well as the ongoing operation, maintenance, of those landscape improvements. There are currently twenty-nine (29) existing median islands within the boundaries of the District to be improved and maintained. These median islands are located on Point San Pedro Road and Third Street between Union Street and Biscayne Drive and comprise approximately 156,260 square feet of surface area. The landscape improvements to be constructed and installed are intended to consist of primarily low maintenance, water efficient landscaping which may include, but are not limited to various varieties of trees and drought tolerant vegetation and plantings including ground cover, plants and shrubs; as well as related facilities and amenities including low volume irrigation systems and drainage facilities; as well as hardscape features such as pavers, decorative stone, stamped concrete, masonry or concrete walls, and monuments. The following is a general description of the location of the existing medians on Third Street and Point San Pedro Road proposed to be improved and maintained: Third Street Medians: ➢ Union Street to San Rafael High School parking lot ➢ San Rafael High School parking lot to middle of parking lot ➢ Middle of San Rafael High School parking lot to Embarcadero Way Point San Pedro Road Medians: ➢ Embarcadero Way to Mooring Road ➢ Mooring Road to Marina Boulevard ➢ Marina Boulevard to Aqua Vista Drive ➢ Aqua Vista Drive to Royal Court ➢ Royal Court to Porto Bello Drive ➢ Porto Bello Drive to Summit Avenue ➢ Summit Avenue to Margarita Drive ➢ Margarita Drive to Bay Way ➢ Bay Way to Bellevue Avenue Bellevue Avenue to Manderly Road ➢ Manderly Road to San Pedro Elementary School San Pedro Elementary School to San Pedro Cove ➢ San Pedro Cove to Lochinvar Drive Lochinvar Drive to Loch Lomond Shopping Center Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 v Loch Lomond Shopping Center to Bayview Drive Bayview Drive to Beach Road Beach Road to Marine Drive Marine Drive to Main Drive Main Drive to Knight Drive Knight Drive to Fire Station 5 Fire Station 5 to Peacock Drive Peacock Drive to Riviera Drive Riviera Drive to McNear Brickyard Cantera Way (McNear's Beach) to Marin Bay Park Marin Bay Park to San Marino Drive San Marino Drive to Biscayne Drive The construction and installation of improvements within these twenty-nine (29) medians may include, but are not limited to: • the removal of existing median material; • grading of surface area and import of soil and plant material; • the planting and installation of plant material, including turf, ground cover, trees, shrubs and plants; • the installation of irrigation and drainage systems, including all meters, fixtures, pipe, conduits and electrical supply; • the installation of hardscape including rocks, paving stones, masonry work, ornamental structures, signage and other appurtenant facilities. • repair or replacement of damaged curbs and gutters • Repair and repaving of street asphalt around the median islands as needed; The above improvements include all designs, labor, material, supplies and equipment necessary or useful for the construction and installation of the improvement or other improvements and facilities permanently or temporarily constructed by the District to accomplish the improvements. The maintenance activities for the improvements within these twenty-nine (29) medians may include all services, materials, activities and operations authorized by the 1972 Act and approved by the office of Public Works of the City of San Rafael. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements including, the acquisition, construction, installation, maintenance and servicing of landscaping within public right- of-ways such as medians. The 1972 Act 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 method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and has been established pursuant to the provisions of the 1972 Act and California Constitution. The formulas used for calculating assessments reflect the composition of parcels within the District and the improvements and activities to be provided, and have been designed to fairly apportion costs based on a determination of the proportional special benefits to each parcel. The estimated annual cost of the improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties are assessed, have been identified as local amenities that provide a direct reflection and extension of the properties within the District and are considered by many property owners to be an essential component to the overall development and use of properties within the District. This District was formed to provide and establish a local landscaping enhancement that affects the presentation of the surrounding properties and therefore directly benefit the parcels to be assessed within the District. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape improvements within the existing Point San Pedro Road Medians as well as provide for the annual maintenance of those improvements, and the assessment revenues generated through the District will be used solely for such purposes. In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably: Article XIIID Section 2d defines District as follows: "District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property -related service".- Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Article XIIID Section 2i defines Special Benefit as follows: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit." Article MID Section 4a defines proportional special benefit assessments as follows: "An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the median improvements to be funded by the assessments, and the assessment obligation for each parcel reflects that parcel's proportional special benefits as compared to other properties that receive special benefits. To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been identified as either "general benefit" (not assessed) or "special benefit". General Benefits Assessments are established on the basis of calculated proportional special benefit to properties within a district. Because general benefits are not assessable, the general benefit costs are excluded from the assessment calculation. With respect to this District, although the various median improvements installed and maintained are located within the street right-of-way that serve as the primary access and entryway to the properties within the District and these improvements are entirely within the proposed boundaries of the District (extending the length of the District), it is also recognized that these medians are certainly visible to the general public and may even be in proximity to and occasionally accessed by properties outside the District boundaries that are not assessed. The fact that these streets are accessible to the general public and maybe in proximity to some properties outside the District boundaries (those properties being the China Camp State Park or other public open space and some residential developments located northwest of the District that could, but would not typically be accessed via Point San Pedro Road) would suggest that at least a portion of the overall cost of these Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 medians is of "General Benefit", but not necessarily the proposed landscape improvements. While Point San Pedro Road and Third Street are certainly accessible and may be used by the general public, various traffic circulation stud ies/evaluations conducted in conjunction with the developments in the area, collectively suggest that approximately ninety percent (90%) of the daily traffic circulation on these streets comes from the properties within the District, meaning that only about ten percent 10% would be considered traffic associated with the general public or properties outside the District. Per an August 2009 Average Daily Trip ("ADT") study along Point San Pedro Road, while the average daily trips on Point San Pedro Road varies at different locations between Union Street and Biscayne Drive, the ADT on Point San Pedro Road collectively totaled approximately 44,000 trips. Based on the District's residential density at the time of formation (single and multi -family residential) of approximately 2,743 units, and utilizing trip generation data as outlined by the Institute of Transportation Engineers Informational Report, Seventh Edition, the expected ADT for these residential properties is estimated to be 26,094 (approximately 60%) of the total ADT along Point San Pedro Road. An additional 13,340 (approximately 30%) of the total ADT is estimated for the various non-residential properties within the District (commercial, church, non-exempt public owned property), which represent approximately 21% of the District's total acreage. The remaining estimated ADT along Point San Pedro Road (approximately 10%) is reasonably attributed to be generated from external sources. In addition to these studies and analysis, although Point San Pedro Road and Third Street may be considered primary circulation streets for the area, these streets and the associated medians are more isolated than most traditional arterial or collector streets found in the City and County. The north-easterly boundaries of the District abuts the China Camp State Park; the easterly and south-easterly boundaries are adjacent to the San Pablo Bay; and the south-westerly boundary is adjacent to the San Rafael Canal; all of which limits direct access to Point San Rafael Road. Although the western and north-western boundaries of the District are comprised of other developed properties (residential and non-residential), neither Point San Pedro Road or that portion of Third Street within the boundaries of the District would typically be used by these properties as their primary access and certainly not as a direct connection to Highway 101 or the rest of the City. In review of these facts, it was determined that while the landscape improvements may be visually appealing to the occasional motorist and visitor to the area or the State Park, such benefits are not quantifiable and are considered neither special or general benefit. However, it has also recognized that median islands are constructed for traffic mitigation reasons and as such, there is a measurable general benefit to the public at large and to properties outside the District afforded by the physical existence of these medians, but that benefit is not related to nor extends to the enhancement of those medians by the landscaping within those medians. Therefore, it has been determined that the general benefit to the public at large and properties outside the District is limited to those costs related to and associated with the repair, replacement, rehabilitation and maintenance of the physical median structure and traffic control devices (i.e. curbs, gutters, retaining walls, signage, striping and pavement), but not the actual landscape improvements. Furthermore, it has been determined that only about ten percent 10% of these costs are consider a general benefit to the public at large and properties outside the District. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 In addition to the general benefit to properties outside the District and to the public at large noted above, it is reasonable to conclude that the physical medians also provide a general benefit to properties in the District. However, it must also be recognized that these medians were originally constructed and facilitated by the development and planned development of the properties within the District and would otherwise not have been necessary or required for traffic mitigation, and as such these physical medians certainly provide more than just a general benefit to those properties which routinely access Point San Pedro Road and Third Street and these medians, landscaped or not, clearly provide a direct and special benefit to those properties. Based on the preceding discussion, it has been determined that the general benefit from the medians is limited to those costs related to and associated with the repair, replacement, rehabilitation and maintenance of the physical median structure and traffic control devices within or associated with the medians and not the proposed landscape improvements and amenities themselves. However, it is also recognized that not all costs associated with the renovation and maintenance of these physical medians are considered a general benefit, and although the City and County intend to fund the initial cost of the repair, replacement and rehabilitation of the median islands (curbs, gutters, retaining walls, signage, striping and pavement) in connection with the construction and installation of the landscape improvements, the need for such repairs, replacements, or rehabilitation and the ongoing maintenance of those median islands shall be addressed as part of the ongoing maintenance budgets, which will be addressed as a combination of City, County and assessment funding. Seel Benefit The proposed Point San Pedro Road Median landscaping will expand and extend the aesthetic presentation of each property within the District by providing enhanced level of landscaping that is directly associated with each property and development along Point San Pedro Road/Third Street. The proposed landscape improvements will provide a physical extension of each private property's front yard or business frontage and creates an aesthetic continuity and cohesion between the various residential and non- residential properties within the District that could not be accomplished individually. These landscape improvements will create both a visual and physical local beautification and unification of the properties that will directly and proportionately benefit the properties to be assessed. The location and extent of the improvements in relationship to each of the properties in the proposed District clearly makes these improvements a direct and special benefit to these parcels. It has therefore been determined that the proposed improvements and the related cost and expenses to construct and maintain these landscape improvements (excluding those general benefit costs noted above) are entirely special benefits to the properties within the boundaries of the proposed District and the net annual cost to fund such improvements shall be proportionately shared by those properties receiving such special benefits. DN Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 The method of apportionment (method of assessment) developed for this District is based on the premise that each of the property to be assessed receives a direct and special benefit from the improvements to be financed by the District assessments. The total assessment amount for each parcel in the District shall consist of two parts: Each parcel's proportional share of the annual bond debt service that will be established each fiscal year, based on the amount of 1915 Act Bonds issued for the District ("Debt Service - Assessment"); and the parcel's proportional share of additional funding for operation & maintenance and other incidental expenses which have not been financed through the bond issuance ("Non -Bonded -Assessments") that will be collected in annual installments pursuant to the 1972 Act. The combined Debt Service Assessment and Non -Bonded Assessment for each parcel represent the parcel's Maximum Annual Assessment and obligation for the District. Once Bonds are issued, the Debt Service Obligation for a parcel will not change even if the land use of the property changes, and their portion of the annual debt service will be calculated based on the established debt service schedule for the bonds (fixed lien amount). The amount that may be collected for the non -bonded projects and incidental expenses shall not exceed the revenues that maybe levied at the approved Maximum Assessment Rate established in this Report (including the allowable annual inflationary adjustment), less the debt service payment. This calculation will establish the Non -Bonded Assessment Rate for that fiscal year. The proportionate share and benefit for Non -Bonded Projects are calculated annually for each parcel based on current parcel development. The bonded debt service obligation for each parcel is based on the unpaid lien established at the time the bonds are issued. Parcels that have prepaid or paid off their full assessment lien (bonded obligation) are no longer levied for the Debt Service Assessment, but will continue to pay their proportionate share of the Non -Bonded Assessment at the assessment rate established each fiscal year and the method of apportionment described herein. Equivalent Benefit Units: The method of apportionment for this District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of parcels within the District based on the parcel's actual land use or proposed development. All costs associated with the improvements are distributed among the parcels based upon a calculation of the proportional special benefit received by each parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the use and relative characteristics of each property as compared to other parcels that benefit from those specific improvements. The Equivalent Benefit Unit ("EBU") method of assessment apportionment establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of the basic unit. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 For the purposes of this Engineer's Report and proportional annual assessment obligation, an EBU is the quantum of benefit derived from the funded improvements, programs and services by a single-family residential parcel (residential unit). Thus, the "benchmark" property (the single-family residential parcel/unit) derives one (1.0) EBU of benefit. All other land uses are proportionately weighted (assigned an EBU) based on an assessment formula that equates the property's specific development to that of the benchmark property (single-family residential unit). This proportional weighting may be based on several factors that may include, but are not limited to: the various land uses associated with properties in the District; the estimated daily trips generated associated with these land uses; and the relative size (units or acreage) of each parcel. The following provides a discussion and summary of the EBU calculation and determination of proportional special benefit applicable to the various properties and land uses in the District. Utilizing trip generation data outlined by the Institute of Transportation Engineers Informational Report ("ITEIR"), Seventh Edition; an initial (baseline) benefit comparison (trip generation ratio) can be established between the various types of land use classifications that are associated with the parcels in this District. While this data provides an overall comparison of typical traffic flow generated by different types of land uses and is certainly a reflection of the direct exposure the property owners, residents, tenants, and patrons of those properties would typically have to the median landscaping, as noted above, trip generation is only one indicator considered in developing each property's proportional benefits. The following table summarizes the average daily weekday trip generation data outlined in the ITEIR and provides a trip ratio using the average trips generated by single-family residential as the base unit: Single -Family Residential 9.57 1.0 Multi -Family Residential 6.72 0.7 Non -Residential (General Commercial Use) 44.32 4.6 Single-family residential properties comprise almost ninety percent (90%) of the parcels within the District (2,688 parcels), with a median development density of approximately three and half (3.5) units per acre, representing approximately forty-nine percent (49%) of the total acreage of the parcels to be assessed. While the specific acreage of an individual residential parcel is not a relevant factor for establishing proportional benefit within this land use (the proportional special benefit to each single-family residential property is considered the same regardless of the size of the parcel), the average number of single-family residential units developed per acre, provides another proportional comparison (nexus) to other land uses including multi -family residential Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 properties, developed non-residential properties and vacant -undeveloped properties. If such properties were developed as single-family residential developments rather than as multi -family residential or non-residential, their proportional benefit would have been between three and four units per acre. mml�� Utilizing a combination of trip ratio data, development densities and other property specific factors such as acreage; number of residential units; and development status (developed versus vacant) a fair and reasonable representation of each parcel's proportional special benefit and Equivalent Benefit Unit (EBU) can be established and ultimately each parcel's proportional share of the net cost to provide the improvements (assessment amount). The following outlines the EBU calculations to be applied to each of the various land use classifications identified for this District: Single-family Residential Property: A single-family residential property is defined as any lot or property identified by the Marin County Assessor's Office with a residential land use or known by the City to have a residential land use that has been developed or may be developed as a single-family dwelling unit. This land use includes all developed single-family residential detached homes, mobile homes, condominiums/townhouses, residential estates, single-family residential attached homes on separate parcels and subdivided single-family residential lots within an approved residential subdivision whether that parcel is developed or vacant. For purposes of establishing equivalent benefit units for all other land uses in this District, the single-family residential land use is designated as the basic unit of assessment and shall be assigned 1.000 EBU per parcel (unit). Single-family residential properties that are comprised of two or more individual parcels, but are in actuality a single lot (cannot be developed independently) are identified as either Bifurcated lots and/or Contiguous lots and shall collectively be treated and assessed as one single-family residential property. A Bifurcated lot is defined as one residential lot split into two or more separate parcels by a tax rate area code. For purposes of calculating the assessment obligation, Bifurcated parcels are treated as one residential property, and the entire assessment obligation is apportioned to only one of the parcels (the un -assessed parcel would be identified as exempt). A Contiguous lot is defined as two or more adjacent residential parcels with the same owner that together may only be developed as one residential lot due to certain development restrictions such as zoning or topography. For purposes of calculating the assessment obligation, parcels identified as Contiguous properties are treated as one residential property, and the entire assessment obligation is apportioned to only one of the parcels (the un -assessed parcel or parcels would be identified as exempt). Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Multi -Family Residential Property: A multi -family residential property is defined as a fully subdivided residential parcel that has more than one residential unit developed on the parcel. (This land use includes apartments, duplexes, triplexes, etc., but does not include condominiums and town - homes which are typically assigned individual Assessor's Parcel Numbers and designated as single-family residential property). This multi -family residential property land use designation may also include properties identified by the County Assessor's Office as mixed use property for which there is more than one residential unit (known number of residential units) associated with the property and for which the parcel's primary use is residential, but may also include a non-residential component or unit. Although multi -family residential properties receive similar special benefits to that of single-family residential property and an appropriate and comparative calculation of proportional special benefits is reasonably reflected by the parcel's total number of residential units, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that multi -family units impact public infrastructure at reduced levels compared to a single-family residence, which is reflective of their reduced structure size, development density and trip generation. Furthermore, as the density (number of units per parcel) increase, the average number of vehicular trips generated, tend to decline because the population density per unit tend to decrease (largely because of reduced unit sizes). Based collectively on these considerations, it has been determined that an appropriate weighting of the proportional special benefit per unit for multi -family residential properties as compared to a single- family residential is best represented by the following sliding scale: 0.750 EBU per unit for the first 5 units; plus 0.625 EBU per unit for units 6 through 25; plus 0.500 EBU per unit for units 26 through 50; plus 0.375 EBU per unit for units 51 through 100; plus 0.250 EBU per unit for units 101 and greater. Developed Non -Residential Property (Commercial/Industrial): This land use is defined as a developed property with structures or facilities that are used or may be used for commercial or industrial purposes, whether those structures or facilities are occupied or not. This land use designation includes all developed commercial/industrial properties (such as commercial retail; food services; banks; shopping centers; recreational facilities; office buildings; professional buildings; service centers; warehousing and manufacturing); and properties with specific commercial or recreational use, including but not limited to golf courses, marinas and quarries. Based on the trip generation information, these non-residential properties generate approximately 4.6 times more traffic activity than a single-family residential property; and using the median density of single-family residential properties of 3.5 units per acre as an indicator of the potential residential development per acre, non-residential properties would reasonably be assigned 4.00 EBU per Acre. Although an apportionment of 4.00 EBU per acre is an appropriate representation of the proportional; special benefit for most non-residential properties, because commercial/industrial parcels typically represent a separate and independent commercial enterprise or business, it has been determined that the proportional special Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 benefit for any individual non-residential parcel is at least equal to that of a single-family residential property. Therefore, a non-residential parcel that is less than one-quarter of an acre in size shall be assigned 1.00 EBU (minimum EBU). Likewise, it is reasonable to conclude that the special benefit to a non-residential parcel does not proportionately increase as the acreage of that parcel increases. Therefore, non-residential Property is assigned EBU on a decreasing scale, with 4.00 EBU for the first four (4) acres; 3.00 EBU per Acre for the next four (4) acres (acreage between 4 and 8 acres); 2.00 EBU per Acre for the following four (4) acres (acreage between 8 and 12 acres), 1.00 EBU per Acre for the next four (4) acres (acreage between 12 and 16 acres), and 0.00 for acreage above sixteen (16) acres. The tiered EBU assignment reflects the expected decreased benefit derived by the property from the improvements in relation to the property's increase in size, as well as account for decreased development density (such as parking areas, private landscaped areas, outdoor storage, areas with development restrictions etc.) over larger properties. Therefore, a maximum number of assessable acres (benefiting acres) for any given land use has been limited to sixteen (16) acres. Thus, for any one non-residential Property the maximum EBU assigned would be 40.0 EBU Lastly, for commercial properties consisting of large private recreational areas, such as golf properties, the acreage of outdoor recreation space (such as the golf course itself) will be excluded from the calculation of assessable acreage and the acreage will be limited to the clubhouse area. For mixed -used property (consisting of both residential and non-residential components), the non-residential EBU assignment discussed in the preceding paragraph will be applied for parcels with less than three (3) residential units, as these properties are assumed to function primarily as non-residential property, and the multi -family property EBU assignment (discussed in multi -family residential property section), will be applied for mixed-use properties with three (3) or more residential units as these property are reasonably assumed to be primarily used for residential purposes. Private Institutional Property: Private institutional properties include those properties identified by the Marin County Assessor's Office or known by the City to be developed properties used for private institutional purposes, such as churches, hospitals, etc. Similar to non-residential properties, the special benefits these properties receive from the improvements are equated to the residential based upon parcel size (net -acreage), however, it is reasonable to conclude that private institutional properties receive less proportional special benefit from the improvements than typical non-residential properties. This conclusion is based on the fewer weekly trip generations and general lower average density of development per acre. Similar to non-residential properties, the maximum number of assessable acres (benefiting acres) for any given parcel has been limited to sixteen (16) acres. Private Institutional Property will be assigned 2.00 EBU for the first four (4) acres with a minimum of 1.00 EBU assignment; 1.50 EBU per Acre for the next four (4) acres (acreage between 4 and 8 acres); 1.00 EBU per Acre for the following four (4) acres (acreage between 8 and 12 acres), 0.50 EBU per Acre for the next four (4) acres (acreage between 12 and 16 acres), and 0.00 for acreage above sixteen (16) Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 acres. Thus, for private institutional properties the maximum EBU assigned to any one parcel is 20.0 EBU. Developed Public Properties (Public Institutions): Non -Exempt Public properties are defined as any property identified by the Marin County Assessor's Office which is owned by a public entity and which is not designated as an open space, common area, utility, and/or right-of-way property. Non-exempt public properties include, but are not limited to, schools, fire stations, etc. While these developed public properties still generate traffic along the improvement roads, they can reasonably be expected to benefit to a lesser extent than other developed properties. Public schools in particular consist of large open space/recreational area, with only a portion of the property actually consisting of structures. To account for the reduced development density and/or reduced direct trip generation associated with these properties as well as the use of such properties by the general public, the proportional special benefit assigned to this property type is 1.00 EBU per Acre (with a maximum of 16.0 acres assessed). Most parcels identified as non-exempt public properties are also identified by the County Assessor's Office as non-taxable and the proposed assessments for such properties cannot generally be collected on the tax rolls. Therefore, the proportional capital projects assessment obligation calculate for each of these properties will be prepaid by contributions from the City and County in proportion to the cost sharing agreement identified in the MOU. In addition, the City and County have agreed to contribute funds for some of the costs associated with the annual operation and maintenance the improvements of which a portion is for the calculated annual assessments for these non-exempt public properties. Vacant -Undeveloped Property: Vacant -undeveloped properties are defined as any property identified by the Marin County Assessor's Office as vacant property with no structural improvements associated with a parcel or known by the City to be vacant, which may be developed for either residential or non-residential use. All vacant -undeveloped land uses are equated to the residential property based upon parcel size (net -acreage). Since the properties are not developed, their special benefit from the improvements is clearly less than that of developed properties and it has been determined that the proportional special benefit to such properties compared to other property uses is reflected by an assignment of 0.5 EBU per acre or fraction thereof, with a minimum of 1.0 EBU per parcel and a maximum of 8.0 EBU per parcel (utilizing the same 16.0 acreage maximum applied to other land uses). A parcel that is solely considered a parking lot (no commercial structure) that may be used by the general public at no charge is not considered a developed non-residential property, but shall be classified as vacant property. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Exempt Property: Pursuant to the California Constitution Article XIIID non-taxable properties (government owned) are not exempt from the assessments unless they derive no special benefit. This land use identifies parcels that for various reasons, it has been determined that the parcel does not and will not receive special benefits from District improvements. This land use classification may include but is not limited to: Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); Dedicated public easements including open space areas, utility rights-of-way, greenbelts, parkways, or other publicly -owned or utility -owned land that serves the community or general public and are not considered or classified as developed public properties; Parcels of land that are privately owned, but cannot be developed independently from an adjacent property or is part of a shared interest with other properties, such as common areas, sliver parcels, bifurcated lots or properties with very restrictive development potential or use. Therefore these parcels shall be exempt from assessment and are assigned 0.00 EBU. However, these properties shall be reviewed annually by the assessment engineer to confirm the parcel's use and/or development status has not changed. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 A summary list of the various land use classifications discussed in the preceding paragraphs and their corresponding EBU calculations are shown in the following table. ;Single Family Residential 1.000 EBU per Dwelling Unit or Parcel Multi -Family Residential 0.750 EBU per Unit for first 5 units (units 1 trough 5) 0.625 EBU per Unit for the next 20 units (6 through 25) 0.500 EBU per Unit for the next 25 units (26 through 50) 0.375 EBU per Unit for the next 50 units (51 through 100) 0.250 EBU per Unit for remaining units (unit 101 and greater) Private Institutional 2.000 EBU per Acre for first 4 Acres (minimum 1.0 EBU per parcel) 1.500 EBU per Acre for next 4 acres (between 4 and 8 acres) 1.000 EBU per Acre for next 4 acres (between 8 and 12 Acres) 0.500 EBU per Acre for next 4 acres(between 12 and 16 Acres) 0.000 EBU for remaining Acres (acreage greater than 16 acres) [-Developed Non -Residential 4.000 EBU per Acre for first 4 Acres (minimum 1.0 EBU per parcel) 3,000 EBU per Acre for next 4 acres (between 4 and 8 acres) 2.000 EBU per Acre for next 4 acres (between 8 and 12 Acres) 1.500 EBU per Acre for next 4 acres(between 12 and 16 Acres) 1 0.000 EBU for remaining Acres (acreage greater than 16 acres) I I Vacant/Undeve—lop—ed--F,001.500 EBU per Acre (Minimum 1.0 EBU per parcel, Maximum 16 AssessedAcres) Public Agency Property 1 1.000 EBU per Acre (Maximum of 16.0 Assessed Acres) I A summary table of the total proportional EBU and assessment revenue for the various land use classifications represented above, is included in Part V (Assessment Roll). Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 The following is a summary of the estimated costs for the construction of the improvements and related facilities. Construction Expenses Estimated Cost Demolition and rough grading $01,205 CurbRopar/Replm:ommd 15.500 Refurbishment ufMedians (13) 12.000 Horducape 210.585 Tmoo 38.700 Shrubs 527.205 Mulch 14.200 Paving 13.000 Irrigation, drainage and electrical systems 215.500 Community Identity Signage 60,000 Total Construction Costs o1.173.905 Incidental Construction Expenses Design engineering $80,000 Plan check 10,00 Construction inspection and administration 7.000 Contingencies 165,220 Total Incidental Costs $262.220 Total Project Expenses $1.436.125 Assessment Financing Costs Capitalized Interest & Bond Reserve Fund $248.782 Cost ofIssuance, Underwriter's Discount 128.200 Other Miscellaneous Expenses ` Total Assessment Financing Costs $380,712 Total Capital Project Expenses $1,816,837 General Benefit Contributions m County General Benefit Contribution (37%) ($10.835 City General Benefit Contribution (63%) Total General Benefit Contribution Total Capital Project Special Benefit Obligation *1.771.337 Prepaid Capital Project Obligation for Public Properties »> County portion ofPrepaid Assessments for Public Properties ($7.895 City portion ofPrepaid Assessments for Public Properties Total Prepaid Assessments ($21.237) Total Amount ToBond s1,760,000 (1) Pursuant to the City and County MOU, the County agreed to contribute up to 37% of the non -assessed or otherwise unfunded cnnm related to the District formation and ovpim| imprnvomame, mo/uumg general benefit costs and capital assessment obligations for the non-taxable public properties, not mexceed collectively $ou.O0O.The City will contribute the remaining 6nm up to $42,500. The Capital Project Assessment Obligation for nine publicly owned parcels within the District (public schools, fire station, etc) shall be prepaid in full by the City/County prior to the issuance of bonds. Collectively these parcels represent 47.uaEquivalent Benefit Units and oprepayment amount 'x$21.oa7. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Direct Costs Maintenance Costs Landscape Maintenance (Contract Services) Material & Supplies Landscape Rehabilition/Repair Electricity Water Direct Subtotal Incidental Costs Personnel & Staffing Annual Assessment & Debt Administration Other Professional Fees County Collection Fee Miscellaneous Administrative Expenses Operating Reserve Collection Incidental Subtotal Total Annual Operation & Maimtenance (O&M) Adjustments & Contributions County Contribution for Annual Administration «� City's Contribution for Annual Administration (1) Total City/County Contribution for Annual Administration Total O&M Balance to be Collect County Contribution — Public Properties O&M Assessments City Contribution — Public Properties O&M Assessments Total City/County Contribution Public Properties Total O&M to be Assessed on Tax Rolls Estimated Cost $50,200 2,925 4,345 1,475 14,770 $73,715 $9,365 14,175 260 5,490 150 1,845 $31,285 $105,000 ($5,490) (9,775) ($15,265) $89,735 ($509) (867) $ (1,377) $88,358 (1) Pursuant to the City and County MOU, the County has agreed to pay up to $6,000 each fiscal year, adjusted annually by the change in the Consumer Price Index for the O&M assessments calculated for the non-taxable public properties (37% of that total amount); plus if the assessment revenues are insufficient to fund the entire annual expenses budgeted, the County will fund all or a portion of the administrative expenses identified as the County Collection Fee. The City will contribute the remaining O&M assessments calculated for the non-taxable public properties (63% of that total amount); and a portion of the remaining annual administrative expenses up to a total contribution of $11,000. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Total Estimated Annual Costs: Annual Debt Service Payment (Collected on Tax Roll) $124,258 Annual Operation & Maintenance Assessment Funding $89,735 City/County O&M Contribution for Public Properties (1,377) Annual O&M (Collected on Tax Roll) 88,359 Balance to be Collected on the Tax Roll: $212,617 District Statistics: Total District Parcels 3,006 Total Special Benefit Parcels 2,768 Total Parcels Levied on Tax Roll 2,759 Paid Public Property EBU for O&M 47.57 Total EBU Assessed on Tax Rolls for O&M 3,053.17 Total Equivalent Benefit Units ("EBU") for O&M 3,100.74 Rate per EBU (Operation & Maintenance): $ 28.94 Prepaid Public Property EBU for Debt Service 47.57 Prepaid Cash Collection EBU for Debt Service 355.42 Sub -Total Prepaid EBU for Debt Service 402.99 Total EBU Applied to Tax Roll for Debt Service 2,697.75 Total Equivalent Benefit Units ("EBU") for Debt Service 3,100.74 Rate per EBU (Debt Service): $ 46.06 Combined Proposed Levy Rate per EBU for Fiscal Year 2012/2013: $75.00 Combined Authorized Maximum Annual Rate per EBU (1): $77.25 (1) The "Combined Authorized Maximum Annual Rate per EBU" presented above, represents the Adjusted Maximum Assessment Rate allowed for Fiscal Year 2012/2013. This maximum assessment rate is consistent with the approved Assessment Range formula which provides for the maximum assessment rate in the previous fiscal year to be adjusted by the greater of: (a) Three percent (3.0%); or, (b) The percentage increase of the Local Consumer Price Index (CPI). This adjusted maximum assessment rate represents a 3% increase over the maximum assessment rate in the previous fiscal year of $75.00. However, for Fiscal Year 2012/2013 the proposed assessment rate will not be increased from the assessment rate applied in the previous fiscal year, Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Assessment Calculations Applying the method of apportionment outlined in Part 11 of this Report and the budget estimates above results in the following calculation of assessments: Debt Service Assessment (Not Prepaid): $124,258 / 2,697.75 EBU's = $46.06 per EBU Non -Bonded Assessment: $89,735 / 3,100.74 EBU's = $28.94 per EBU Therefore, a single benefit unit or the Annual Assessment Rate (Applicable to a typical Single-family Dwelling Unit) would be: $46.06 + $28.94 = $75.00(l) per EBU (1) To account for normal inflationary increases in the cost of goods and services related to the operation of the improvements and District, the combined annual assessment rate (debt service rate plus non -bonded rate) includes an annual adjustment that is equal to the percentage increase the Consumer Price Index (San Francisco/Oakland Urban Area) or three (3%), whichever is greater and results in a maximum rate of $77.25 for Fiscal Year 2012/2013.. While this is an adjustment in the maximum allowable assessment rate, the City Council proposes to levy and adopt an assessment rate of $75.00 for fiscal year 2012/2013 which is unchanged from the previous fiscal year. While the proposed debt service is estimated to be $46.06 per equivalent benefit unit, the actual amount levied for debt service shall be proportional to each parcel's original lien amount and may fluctuate year-to-year. The total debt service requirement each fiscal year divided by the initial total EBU for all unpaid liens, will establish an average rate per equivalent benefit unit for the bonded portion of the District Assessment. The rate per equivalent benefit unit for maintenance and operation expenses will be based on the estimated maintenance costs for the upcoming fiscal year, but shall not exceed the adjusted maximum assessment rate minus the debt service rate calculated for that fiscal year. Assessment Range Foran la As part of this District formation and establishment of annual assessments to fund the ongoing operation, maintenance and servicing of those improvements, the proposed assessments submitted to the property owners of record shall include an annual inflationary adjustment referred to as an Assessment Range Formula. The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment that are inevitably associated with providing such improvements and activities, thereby reducing the need for additional noticing and balloting procedures simply because of inflationary factors. This Assessment Range Formula for this District is defined by the following: Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Commencing in the second fiscal year (Fiscal Year 2012/2013), and each fiscal year thereafter, the maximum assessment rate established for the improvements in the previous fiscal year shall be adjusted by the greater of: (1) Three percent (3.0%); or, (2) The percentage increase of the Local Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for the San Francisco/Oakland Urban Area, for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time. Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12 -month period between the current year and of the previous year. This annual percentage change in the CPI is generally established based on the annual percentage change from January to December, but a similar time period may be used if more current data is available. This percentage difference shall then establish the range of increase to the maximum assessment rate allowed based on CPI. If the percentage change in the CPI is less than three percent (3%), the maximum assessment rate shall be increased by three percent (3%). 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 adjusted maximum assessment is calculated each fiscal year independent of the annual budget and proposed annual assessment. Although the adjusted maximum assessment will increase each year, the proposed budget and annual assessment rate adopted for a fiscal year may not change from the previous fiscal year. If the budget and the corresponding District assessments for that fiscal year do not require an increase or the increase is less than the allowable adjusted maximum assessment rate, then the proposed assessments required to meet the proposed expenditures shall be applied. If the budget and the corresponding assessments for a given fiscal year require an increase greater than the adjusted maximum assessment rate, then the proposed assessment is considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners, through the balloting process, must approve such a new or increased assessment before that new or increased assessment may be imposed. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 The boundary of the proposed Pt. San Pedro Road Median Landscaping Assessment District is described as all lots, parcels and subdivisions of land within the City of San Rafael and the unincorporated areas of Marin County shown on the accompanying map: co I m 0 W, A 4 :3 40 P to OF ct lurlm OUN 07 t M ti g, 8, x g A Cr cu j JJr "oo ow lk 43 CL cu e5 W tb I m 0 Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 The annual levy of assessments includes two components that comprise the necessary amount to be spread among the properties within the District. The two components are: Annual debt service to pay back the annual debt on the bonds used to finance the construction of the improvements. Annual maintenance, servicing and operation costs of the improvements. The base levy established in Fiscal Year 2012/2013 will contain amounts for the annual debt service and maintenance costs for the fiscal year. Parcels within the District are assessed based on the method of apportionment and estimate of the improvements costs (budget) described in Parts II and III of this report. As parcels are subdivided, the resulting assessment will be apportioned to each subdivided parcel based on their proportion share of the original lien for debt service, and based on the resulting land use for the operation and maintenance assessment. Amounts collected in excess of debt service and maintenance costs, will be transferred into the appropriate reserve funds. Refer to Appendix C for a parcel listing and the proposed assessments. The following table provides a summary of the assessments by land use classification as determined by the method of apportionment and assessment rate previously described in this Report. Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 Bonds representing unpaid assessments, and bearing interest at a rate not -to -exceed twelve -percent (12 -percent) per annum, shall be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature at a date not -to -exceed thirty-five (35) years from the second day of September next succeeding twelve (12) months from the date of issuance. For purposes of establishing the assessment calculations shown in Part III of this Report (Estimate of Improvement Costs), an estimate of the annual debt services payments has been developed for the anticipated Issuance of Bonds for the construction and installation of the improvements that would provide an estimated net proceeds of $1,750,000 to be repaid over 30 years. The following two tables, the "Estimated Sources & Uses of Funds" and the "Estimated Debt Service Schedule" provides the basis of the estimated debt service payments used to establish the proposed District assessments. Sources: Bond Proceeds: Par Amount Other Sources of Funding: Total General Benefit Contribution Prepaid Assessments for Public Properties Sub -Total Other Sources Total Sources Uses: Project Fund Deposits: Estimated Construction Expenses Incidental Construction Expenses Construction Contingency Sub -Total Construction Expenses Assessment Financing Costs: Debt Service Reserve Fund Cost of Issuance Underwriter's Discount Other Miscellaneous Expenses Sub -Total Financing Expenses Total Uses $1,750,000 $45,500 21,336.60 $66,837 $ 1,816,836.60 $1,173,905 $97,000 165,220.00 $1,436,125 $380,712 $ 1,816,836.60 Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 PT. SAN PEDRO ROAD LANDSCAPING MAINTENANCE DISTRICT ESTIMATED DEBT SERVICE FOR CONSTRUCTION OF IMPROVEMENTS UZIM 42,500 3/112014 $o $60,550 $60,550 $_0- 9/112014 7.00% $20,000 ----- ,53 � s 66 00 550 0 $80,550 $141,100 3/1/2015 $0 $59,850 $59,850 $o 9/1/2015 7.00% i $20,000 1 $59,850 $7qT85o T $139,700 3/1/2016 --------- - - $0 $59,150 $59 150 , $0 L 9/1/2016 7.00% $25,000 $59,150 $84,150 T $143,300 -------............... 3/1/2017 $0 $58,275 1 $58,275 $0 9/1/2017 ---- -------- 7.00% $25,000 $58,275_ - ---- -- ----- $83,275 $141,550 3/1/2018 $0 $57, 400 $57 , 4004 9/1/2018 7.00% ------------ --- --------------- $25,000$57 ----------- - -- ------- -------- ,400 ------- ---------- ---------------- - -- $82,400 ,1 1 $139,800 1 3/1/2019 F $0 $56,525 $56,525 $o 1 9/1/2019 7.00% $30,000 $56,525 $86,525 1 0 $43,05 3/1/2020 - --- -- - - ---- ------- ----- --- $o --- - ----- - - - -- $ 55,475 - --- - - -- - --------- - ---- $55,475 ----- $0 ----- - - -- 9/1/2020 7.00% $30,000 - - ------ ----- -- ----- $55,475 1 -- -- --- $85,475 1 ----- -- ------ -- ----- ------ $140,950 ---- 3/1/2021 .. .......... $0 $54,425 $54,425 $o 9/1/2021 7.00% $35,000 $54,425 1 $89,425 1 $143,850 3/1/2022 - --- - ------------ ------ $0 $53,200 $53,200 $0 9/1/2022 7.00% $35,000 $53,200 $88,200 $141,400 3/1/2023 j $o $51,975 1 $51,975 $0 9/1/2023 7.00% $40,000 $519751 $91,975 $143,950 3/1/2024 $o $50,575 $50,575 $0 9/1/2024 7.00% $40,000 $50,575 1 $90,575 1 $141,150 3/112026 $0 $49,175 --- -- ----------------- $49,175 $0 9/1/2026 ... . . ..... . .... .. 7.00% ------------ $45,000 $49,175 ----- --- $94,175 .... .... . . .... ......... . $143,350 3/1/2026 . . . .... ........ . $0 - ---------- --- --- 1-1-11 - - ------ --------- $47,600 $47,600 • $0 --- -------- 9/1/2026 -------- 7.00% ----- - - - ------------- $45,000 $47,600 $92,600 i --11-40,20-0--j 3/1/2027 $0 $46,025 j $46,025 $o F-- 9/1/2027 ------------ - ---- 7.00% - - - ------ $50,000 $46,025 $96,025 - -- -- --------- $142,050 _.---- ; $0 $44,275 $44,275 $0 9/1/2028 7.00% $50,000 .............. ... ......... $44,275 $94,275 $138,550 3/1/2029 $0 $42,525 ------ ----- -- $42,525 - ------------ $0 -- i 9/1/2029 7.00% $50,000 $42,525 i $92,525 $135,050 3/1/2030 $0 $40,775 $40,775 $o ------- ---- --- 9/1/2030 7.00% $55,000 ---------- $40,775 $95,775 $136,550 3/1/2031 $0 $38,850 1 $38,850 $0 9/1/2031 7.00% $60,000 $38,850 $98,850 $137,700 UZIM Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 (1) Estimated Debt Service for construction of improvements is estimated based on annual interest rate of 7.00%. Actual Debt Service will depend on interest rate(s) established based on current market rates when bonds are sold. Based on the preceding debt service schedule the average annual debt service payment would be approximately $140,618. This average annual debt service payment however does not account for prepayments which ultimately reduces the principal amount to be bonded and the debt service to be collected on the tax rolls. 3/1/2032 $0 $36,750 $36,750 $0 9/1/2032 7.00% $ 5 000 r $36 750 $101,750 $138 500 - i 3/1/2033 $0 $34,475 $34,475 $0 9/1/2033 7.00°l0 $70 000: $34 475 $104,475 $138,950 3/1/2034$0 $32,0251 $32,025 $0 = - 9/1/2034 7.00% $75,000 $32,025 $107,025 $139,050 ; I 3/1/2035 $0 $29,400 $29,400 ; $0 n 9/1/2035700% . I $80,000 $29,400 $109,400 $138,800 3/1/2036 $0 $26600 , $26,600 1 $0 9/1/2036 7.00% ( $85,000 $26,600 1 $111,600 , $138,200 3/1/2037$0 : $23,625 11 $23,625 $0 7.00% $95,000 $23,625 $118,625 $142,250 --,--,-9-/112037 I-- 311/2038$0 ._. $0 $20 300 - - - $20,300 , -- --- $0 - -- - - 9/1/2038 7.00% $100,000 $20,300 I $120 300 ; $140,600 3/1/2039 1 $0 _ $16,800 ; _ _-_. $16,800 ; $0 9/1/2039 7.00% 3 $110,000 $16,800= $126,800 ---- $143,600 3/1/2040 $0 $12,950 $12,950 $0 - - 9/1/2040 -- 7.00% j ---------------- _ - - $115,000 $12,950 - -- $127 950 $140,900 _ 3/1/2041 $0 $8,925 $8,925 $0 - --- 9/1/2041 1 - 7.00% $125,000 - $8,925 -------------- $133,925 1 ____ $142,850 z 3/1/2042 $0 $4 550 $4,550 9/1/2042 7 00% $130 000 $4 550 $134,550 $139,100 $1,750,000 $2,468,550 $4,218,550 $4,218,550 (1) Estimated Debt Service for construction of improvements is estimated based on annual interest rate of 7.00%. Actual Debt Service will depend on interest rate(s) established based on current market rates when bonds are sold. Based on the preceding debt service schedule the average annual debt service payment would be approximately $140,618. This average annual debt service payment however does not account for prepayments which ultimately reduces the principal amount to be bonded and the debt service to be collected on the tax rolls. tL 0 � M 0. CL 0 C4 04 C4 a E m S U- tm r ui m 0 w 4� a. 0 m CL -5 0 -C 0) iF 75 42 (m 0 vl 0 V— .;.j 0 CL 4- 0 E 0 0 cu CL 0 0 0 U) C- .0) T_0) cu ry c cu w R I 11 c 4� a. 0 ca E W 0 0 cu 0 -C- 0 C/) cn Al ry U) 4- 0 I 11 0 ry o 0 0 cu —0 E I 11 0 a. Cl) 0 I 0 U) ns 72 cu 0 =3 0 I 0 \ w & « a I 3^^`~ C) o ory o 0 1= . CL f 2 � 3 \ m_ 0 — \ 0 « 2.. cr- w z ® 06 I O ai E E U) 0 0 -6 co 0 "t 0 n 0 A I 11 I 0 w I 0 a. I 0 ;lk cM= cu co co „,.wl C-li (Ii T -- I 0 17. 0 0 cu E W o cu 0 ry cu 5; 7'iI 13N -11w, I m 11 M m 0 w IL4� I 11 (D CL V M U) 4 cu cu f —j w 0- -a a) 0- CL Ills - cu m I 11 0 w d C) cu co 0 CL 0- 0 co 0 E 0 -j 0 0 -j 06 V- I I 11 '09 11 11 R O w c R a 0 { t1 y t 4 t� -N i {yy. O Y U J� t i' i f >_ N z t L > � t r C N C tS5 O O > �r � a�. d t0 Al 4;� _ M U t4 N m N 0 { t1 y t 4 t� i {yy. Y J� t i' i f z t t r �r a�. Al 4;� 0 0 ow 4d a. Oq I W — c 0 C/) 2 H 0 cli I 11 ca nL E 0 0 0 C) cc 0) CL L6 (14 I Pi 0- � � � m m ./ @ � 3 v m @ m 2 m ¢ 2 Q � � k @ 2 k U � q I 13 i \ % \ ! \ \ ( |\ � [ ; ) � � � m m ./ @ � 3 v m @ m 2 m ¢ 2 Q � � k @ 2 k U � q I 13 I N I GO It Kti S�p I t 0 4) U) w LL LU 0 w 0 0. a) a) 0 W 0 I Engineer's Annual Report Pt. San Pedro Road Median Landscaping Assessment District Fiscal Year 2012/2013 re�rs�i� RESOLUTION NO. 13375 City Hall, located at 1400 Fifth Avenue, San Rafael, California. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2012-2013 IN THE PT. SAN PEDRO SCAPIN ASSESSMENT DISTRICT, AND SETTING A PUBLIC HEARING THEREAD IAN LAND - ON FOR A JULY 16,20U AT 7:00 PM. RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as follows: WHEREAS the Council has, by previous Resolutions, formed the San Rafael Pt. San Pedro Road Median Landscap ng Assessment District (hereinafter referred to as the "Assessment District' and initiated proceedings for Fiscal Year 2012-2013, pursuant to the provisions of the Landscaping and Lighong Act f197, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereinafter referred to as the "Act") that provides for the levy and collect(on of assessments by the County of Marin for the City of San Rafael to pay the improvements, maintenance and services of the median landscaping amenities and facilities related thereto; and WHEREAS, the Council has retained Willdan Financial Services, of Temecula, California, (hereinafter Assessment Engineer" ), for the purpose of assisting with the establishment of the annual assess- ments and to prepare and file an ngmeer's Annual Report (hereinafter referred to as the "Engineer's Report') with the City Clerk in connection with said improvements and assessments in accordance with Chapter i Article 4 of the Act; and the provisions of the California Constitution, Article XIIID. WHEREAS, the Engineer's Report for Fiscal Year 2012.2013 has been prepared and filed with the City Clerk and has been presented to the Council for review and approval pursuant to Chapter 3, Section 22623 of the Act, NOW, THEREFORE IT IS HEREBY RESOLVED that: Section 1. The Council hereby declares that it is its intention to seek the annual levy of the Assessment District pursuant to the Act, over and including the land within the District boundary, and to levy and collect special benefit assessments on all sucland to pay the costs of the construction, installation of the median landscape improvements and the ongoing operation, maintenance, and servicing of said landscape improvements, and all appurtenant facilities and financing related thereto. The Engineer's Report as presented has been reviewed by the Council, and based on this re- wncil hereby makes the following determinations: let improvements described in the report are substantially the same as those improve- dously approved and adopted by the Council. s and exppenses of providing the improvements have been budgeted for the District and the ate specfai benefit derived by each individual parcel assessed has been determined in rela- the entirety of those costs and expenses. osed assessments for Fiscal Year 2012.2013 do not exceed the reasonable cost of the pro- pecial benefit conferred on each parcel within the Assessment District. special benefits have been assessed and a contribution has been made from available City e amount that equals or exceeds the cost of the improvements determined to be of general e.The assessments do not exceed the maximum annual assessments previously approved by property owners within the Assessment District and authorized to be levied. Section 3. The Engineer's Report for Fiscal Year 2012.2013 as presented is hereby approved for content and it is the intention of the Council to levy and collect the proposed assessments so described for Fiscal Year 2012-2013. Section 4. The im rovements and the maintenance activities and services proposed to be financed by the Assessment District annual assessments generally include, but are not limited to, the construc- tion, installation, enhancement, renovation and rehabilitation of the landscaping and related facilities of the Point San Pedro Road/and Third Street median Islands as well as the ongoing operation and maintenance of those landscape improvements as outlined in the attached Exhibit A. 'The Engineer's Report, as ordered by previous Resolution, provides a more detailed description of the improvements and the assessments connected therewith for the Assessment District. Section S. The boundaries of the Assessment District includes approximately 3006 parcels totaling ap- proximately 2166 acres, within the jurisdiction of the City as well as unincorporated areas within the jurisdiction o{ the County of Marin, along and near Third Street and Pt. San Pedro Road, extend ng from the intersection of 'Third Street and Union Street to Biscayne Drive, as outlined in more detaiiin the Engineer's Report and the Assessment District Boundary Map on file with the City. Section S. The proposed assessment for each parcel within the Assessment District shall be calculat- ed in accordance with the method of apportionment established for the District and shall not exceed the assessment rates and annual inflationary adjustment approved by the property owners in accord- ance with the California Constitution, Article XIIID. The method of apportionment and the proposed assessment rates for Fiscal Year 2012-2013 are documented in the Engineer's Report. Section T. The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Chapter 3, Section 22625 of the Act and California Con- stitution, Article XIIID, Section 4(e). The City Clerk shall give notice of the time and place of the Public Hearing by posting a copy of this Resolution on the official bulletin board customarily used by the Council for the posting of notices and by publishing this Resolution in a local newspaper pursuant to applicable Government Code as out- lined in the Act. At the Public Hearing, all interested persons shall be permitted to present written and/or oral testimony. Section S. Notice is hereby given that a Public Hearing on these matters will be held by the Council on Monday, July 16th, 2012 at 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers, Section 9. This resolution shall take effect upon its adoption. 1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a scheduled meeting of the City Council of the City of San Rafael on Monday, the 2nd day of July, 2012, by the following vote, to wit: AYES:COUNCILMEMBERS: Connolly, Levine. McCullough & Mayor Phillips NOES:000NCILMEMBERS: None ABSENT:000NCILMEMBERS: Heller /s/ Esther C. Beirne ESTHER C. BEIRNE, City Clerk EXHIBIT "A" CITY OF SAN RAFAEL PL San Pedro Road Median Landscaping Assessment District DESCRIPTION OF IMPROVEMENTS AND MAINTENANCE The proposed improvements for the District mayy include, but are not limited to the construction, in- stallation, enhancement, renovation and rehabilitation of the landscaping and related facilities of the Point San Pedro Road/Third Street median islands as well as the ongoing operation, maintenance, of those landscape improvements. There are currently twenty-nine (2 9) existing median islands within the boundaries of the District that are proposed to be improved and maintained. These median is- lands are located on Point San Pedro Road and Third Street between Union Street and Biscayne Drive and comprise approximately 156,260 square feet of surface area. The proposed landscape improve- ments may include, but are not limited to various vegetation and plantings including turf, ground cov- er, plants, shrubs and trees; as well as related facilities and amenities including irrigation and drain- age systems; and hardscape features such as pavers, decorative stone, stamped concrete, masonry or concrete walls, and monuments. The following is a general description of the location of the exist- ing medians on Third Street and Point San Pedro Road proposed to be improved and maintained: Third Street Medians: o Union Street to San Rafael High School parking lot o San Rafael High School parking lot to middle of parking lot o Middle of San Rafael High School parking lot to Embarcadero Way m to to For Drive t .nue to ,rive to of or permanently or temF NO.1023 JULY 6, 2012 School •o Cove Marin Bay Park of improvements within these twenty-nine (24) medians ill and plant material; ,terial, including turf, ground cover, trees, shrubs and plants; ge systems, including all meters, fixtures, pipe, conduits and rocks, paving stones, masonry work, ornamental structures, ; and gutters; ound the median islands as needed. igns, labor, material, supplies and equipment necessary or m of the improvement or other improvements and facilities y the District to accomplish the improvements. Bu Ste CLERK'S CERTIFICATION TO COUNTY AUDITOR POINT SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) TO THE COUNTY AUDITOR OF THE COUNTY OF MARIN: I hereby certify that the attached document is a true copy of that certain Engineer's Annual Report for 2012-2013, including assessment and assessment diagram, received July 3, 2012 for Point San Pedro Road Median Landscaping Assessment District, confirmed by the City Council of the City of San Rafael on the 16th day of July, 2012, by its Resolution No. 13386. This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code. Dated: ESTHER C. BEIRNE, City Clerk City of San Rafael Marin County, California By Received by: 4 Date: v. c) L12�- CITY OF SAN RAFAEL t I i j I ii I INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRCC AGENDA ITEM No. 4 b DATE OF MEETING: June 16, 2012 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: July 10, 2012 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012/2013 Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: f City Manager (signture) 110=11 APPROVED AS TO FORM: n L'c-j City Attorney (signature)