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HomeMy WebLinkAboutCC_2023_06_13_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA HYBRID MEETING INFORMATION: The City Council meeting will be available via teleconference for those who wish to participate remotely. The City Council meeting will also be held in the City Council Chambers and in-person attendance will be available at that location. HOW TO OBSERVE THE MEETING REMOTELY: To participate remotely, residents can livestream the meeting on Zoom, SLO-SPAN.org, on Spectrum cable Channel 20 in Atascadero, and listen live on KPRL Radio 1230AM and 99.3FM. The video recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm and will be available through the City’s website and on the City’s YouTube Channel. To participate remotely using the Zoom platform please visit https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA. HOW TO SUBMIT PUBLIC COMMENT: Individuals who wish to provide public comment in-person may attend the meeting in the City Council Chambers. Individuals who wish to participate remotely may call (669) 900-6833 (Meeting ID: 889 2347 9018) to listen and provide public comment via phone or via the Zoom platform using the link above. If you wish to comment but not via a live platform, please email public comments to cityclerk@atascadero.org. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be forwarded to the City Council and made a part of the administrative record. To ensure distribution to the City Council prior to consideration of the agenda, the public is encouraged to submit comments no later than 12:00 p.m. the day of the meeting. Those comments, as well as any comments received after that time, but before the close of the item, will be distributed to the City Council, posted on the City’s website, and will be made part of the official public record of the meeting. Please note, email comments will not be read into the record. AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. City Council agendas and minutes may be viewed on the City's website: www.atascadero.org/agendas. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are made a part of the record or referred to in their statement will be noted in the Minutes and available for review by contacting the City Clerk's office. All documents will be available for public inspection by appointment during City Hall business hours. Page 1 of 277 CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, June 13, 2023 City Hall Council Chambers, 4th Floor 6500 Palma Avenue, Atascadero, California REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Bourbeau ROLL CALL: Mayor Moreno Mayor Pro Tem Funk Council Member Bourbeau Council Member Dariz Council Member Newsom APPROVAL OF AGENDA: Roll Call Recommendation: Council: 1. Approve this agenda; and 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. PRESENTATIONS: 1. Proclamation Recognizing LGBTQ+ Citizens of Atascadero A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the Consent Calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Draft Action Minutes – May 23, 2023 ▪ Recommendation: Council approve the May 23, 2023 Draft City Council Regular Meeting Minutes. [City Clerk] City Council Regular Session: 6:00 P.M. Page 2 of 277 2. Authorizing Temporary Road Closures for 2023 Hot El Camino Cruise Nite and Colony Days Parade Route ▪ Fiscal Impact: None. ▪ Recommendation: Council 1. Adopt Draft Resolution A, authorizing temporary road closures and restrictions on August 18, 2023 for the Hot El Camino Cruise Nite; and 2. Adopt Draft Resolution B, authorizing temporary road closures and restrictions on October 7, 2023 for the Colony Days Parade Route. [Public Works] 3. Side Letters of Agreement for the Atascadero Police Officers Association, Atascadero Professional Firefighters Local 3600, Mid- Management/Professional Employees Association, Service Employees International Union Local 620, and Resolution for Non-Represented Professional and Management Workers and Confidential Employees ▪ Fiscal Impact: $516,800 for fiscal year 2023-2024. ▪ Recommendation: Council: 1. Approve the Side Letters of Agreement for the Atascadero Police Officers Association, Atascadero Professional Firefighters Local 3600, Mid- Management/Professional Employees Association, Service Employees International Union Local 620; and 2. Adopt the Draft Resolution for Non-Represented Professional and Management Workers and Confidential Employees; and 3. Approve the Salary Schedule for Fiscal Year 2023-2024. [City Manager] 4. Atascadero Transit Innovative Clean Transit Zero Emissions Bus Rollout Plan ▪ Fiscal Impact: None. ▪ Recommendation: Council adopt Draft Resolution, approving the Innovative Clean Transit (ICT) Zero Emissions Bus Rollout Plan for Atascadero Transit. [Public Works] 5. Emergency Contract Award for Lake Fill Line ▪ Fiscal Impact: $75,000. ▪ Recommendation: Council: 1. Ratify, by review and determination, that there is a need to continue the Emergency Services Director’s authorization to contract with Souza Construction Inc. to complete emergency Lake Fill Line Clearing and Repairs, pursuant to City’s Purchasing Policy and Public Contract Code Section 22035 and 22050; and 2. Authorize the Director of Administrative Services to appropriate $75,000 in Parkland Facilities Fees Funds for the Emergency Lake Fill Line Repair Project. [Public Works] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a Page 3 of 277 subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Comments will be allowed for the entire 30-minute period so if the final speaker has finished before the 30 minute period has ended and a member of the public wishes to make a comment after the Council has commenced another item, the member should alert the Clerk within the 30 minute period of their desire to make a comment and the Council will take up that comment upon completion of the item which was commenced. Any members of the public who have questions or need information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at (805) 470- 3400, or cityclerk@atascadero.org.) B. PUBLIC HEARINGS: 1. Apple Valley Assessment Districts ▪ Fiscal Impact: $38,500 for road/drainage system maintenance and $63,000 for landscape and lighting maintenance; these amounts will be assessed to the owners of parcels in Apple Valley, the City will contribute $11,000 from its General Fund for half the cost of the park, and an equal revenue source will be recognized from contributions made by the developer. ▪ Recommendation: Council: 1. Adopt Draft Resolution A, approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto for fiscal year 2023/2024; and 2. Adopt Draft Resolution B, ordering the levy and collection of assessments for fiscal year 2023/2024 for Street and Storm Drain Maintenance District No. 01 (Apple Valley); and 3. Adopt Draft Resolution C, approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto in fiscal year 2023/2024; and 4. Adopt Draft Resolution D, ordering the levy and collection of assessments for fiscal year 2023/2024 for Landscaping and Lighting District No. 01 (Apple Valley). [Administrative Services] 2. De Anza Estates Assessment Districts ▪ Fiscal Impact: $30,562 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance; these amounts will be assessed to the owners of parcels in De Anza Estates, and the City will contribute $1,400 from its General Fund for half the maintenance costs of the trails and open space. ▪ Recommendation: Council: 1. Adopt Draft Resolution A, approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto for fiscal year 2023/2024; and 2. Adopt Draft Resolution B, ordering the levy and collection of assessments for fiscal year 2023/2024 for Street and Storm Drain Maintenance District No. 03 (De Anza Estates); and 3. Adopt Draft Resolution C, approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto in fiscal year 2023/2024; and Page 4 of 277 4. Adopt Draft Resolution D, ordering the levy and collection of assessments for fiscal year 2023/2024 for Landscaping and Lighting District No. 03 (De Anza Estates). [Administrative Services] 3. Las Lomas (Woodridge) Assessment Districts ▪ Fiscal Impact: $99,189 for road/drainage system maintenance and $74,160 for landscape and lighting maintenance; these amounts will be assessed to the owners of parcels in Las Lomas (Woodridge), and the City will contribute $2,600 from its General Fund for 25% of the maintenance costs of the trails and open space. ▪ Recommendation: Council: 1. Adopt Draft Resolution A, approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 02 (Las Lomas [Woodridge]), and the levy and collection of annual assessments related thereto for fiscal year 2023/2024; and 2. Adopt Draft Resolution B, ordering the levy and collection of assessments for fiscal year 2023/2024 for Street and Storm Drain Maintenance District No. 02 (Las Lomas [Woodridge]); and 3. Adopt Draft Resolution C, approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 02 (Las Lomas [Woodridge]), and the levy and collection of annual assessments related thereto in fiscal year 2023/2024; and 4. Adopt Draft Resolution D, ordering the levy and collection of assessments for fiscal year 2023/2024 for Landscaping and Lighting District No. 02 (Las Lomas [Woodridge]). [Administrative Services] 4. Downtown Parking and Business Improvement Area (DPBIA) Confirmation of Annual Assessment (FY 2023-2024) ▪ Fiscal Impact: Collection of $14,540 in assessment revenue and expenditures budgeted at $14,540 for fiscal year 2023-2024. ▪ Recommendation: Council adopt Draft Resolution, confirming the annual assessment for the Downtown Parking and Business Improvement Area (Fiscal Year 2023-2024). [Administrative Services] 5. Atascadero Tourism Business Improvement District (ATBID) Confirmation of Annual Assessment (Fiscal Year 2023-2024) ▪ Fiscal Impact: Collection of $414,120 in assessment revenue and expenditures budgeted at $419,890 for fiscal year 2023-2024. ▪ Recommendation: Council adopt Draft Resolution, confirming the annual assessment for the Downtown Parking and Business Improvement Area (Fiscal Year 2023-2024). [Administrative Services] C. MANAGEMENT REPORTS: 1. 2023-2025 Operating and Capital Budget ▪ Fiscal Impact: Total revenues for all funds are budgeted at $67,908,930 and $58,390,010 for fiscal years 2023-2024 and 2024-2024, respectively; total expenditures for all funds are budgeted at $86,968,290 and $66,994,120 for fiscal years 2023-2024 and 2024-2025, respectively. ▪ Recommendation: Council: Page 5 of 277 1. Adopt Draft Resolution A, adopting the budgets for the 2023-2024 and 2024-2025 fiscal years and delegating to the City Manager the authority to implement the same; and 2. Adopt Draft Resolution B, amending the fiscal year 2022-2023 budget; and 3. Adopt Draft Resolution C, adopting the fiscal year 2023-2024 annual spending limit; and 4. Adopt Draft Resolution D, reaffirming the necessity of Development Impact Fees; and 5. Approve the 2021-2023 City of Atascadero Draft Action Plan. [Administrative Services] D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Moreno 1. City Selection Committee 2. County Mayors Round Table 3. Regional Economic Action Coalition (REACH) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Funk 1. Atascadero Basin Ground Water Sustainability Agency (GSA) 2. Design Review Committee 3. Homeless Services Oversight Council Council Member Bourbeau 1. City of Atascadero Finance Committee 2. City / Schools Committee 3. Integrated Waste Management Authority (IWMA) 4. SLO County Water Resources Advisory Committee (WRAC) Council Member Dariz 1. Air Pollution Control District 2. California Joint Powers Insurance Authority (CJPIA) Board 3. Community Action Partnership of San Luis Obispo (CAPSLO) 4. Design Review Committee 5. Visit SLO CAL Advisory Committee Council Member Newsom 1. City of Atascadero Finance Committee 2. City / Schools Committee 3. League of California Cities – Council Liaison Page 6 of 277 E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager ADJOURNMENT Page 7 of 277 ITEM NUMBER: A-1 DATE: 06/13/23 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, May 23, 2023 City Hall Council Chambers, 4th Floor 6500 Palma Avenue, Atascadero, California CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor Moreno called Closed Session to order at 5:02 p.m. 1. ROLL CALL Present: Council Members Bourbeau, Dariz and Newsom, Mayor Pro Tem Funk, and Mayor Moreno Absent: None Others Present: None Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara Christensen, and Deputy City Manager – IT Luke Knight 2. CLOSED SESSION -- PUBLIC COMMENT – None 3. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION Deputy City Manager – IT Knight did not attend this portion of the meeting. 4. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Professional Firefighters, Local 3600; Atascadero Police Association; Service Employees International Union, Local City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Page 8 of 277 ITEM NUMBER: A-1 DATE: 06/13/23 620; Mid-Management/Professional Employees; Non-Represented Professional and Management Workers and Confidential Employees 5. CLOSED SESSION – ADJOURNMENT 6. COUNCIL RETURNS TO CHAMBERS 7. CLOSED SESSION – REPORT City Attorney Pierik reported that there was no reportable action from Closed Session. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor Moreno called the meeting to order at 6:00 p.m. and Mayor Pro Tem Funk led the Pledge of Allegiance. ROLL CALL: Present: Council Members Bourbeau, Dariz, Newsom, Mayor Pro Tem Funk, and Mayor Moreno Absent: None Others Present: None Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, Acting Police Chief Bob Molle, Public Works Director Nick DeBar, City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara Christensen, Deputy City Manager – IT Luke Knight, Battalion Chief Matt Miranda, Deputy Economic and Community Development Director Loreli Cappel, Public Works Analyst Ryan Betz and Associate Planner Mariah Gasch APPROVAL OF AGENDA: MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Funk to: 1. Approve this agenda; and 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. Motion passed 5:0 by a roll-call vote. A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – May 9, 2023 ▪ Recommendation: Council approve the May 9, 2023 Draft City Council Regular Meeting Minutes. [City Clerk] 2. April 2023 Accounts Payable and Payroll ▪ Fiscal Impact: $1,560,437.43 Page 9 of 277 ITEM NUMBER: A-1 DATE: 06/13/23 ▪ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for April 2023. [Administrative Services] 3. Downtown Parking and Business Improvement Area (DPBIA) Assessment ▪ Fiscal Impact: None. ▪ Recommendation: Council adopt Draft Resolution, declaring intent to levy the annual Downtown Parking and Business Improvement Area assessment, and set a public hearing for June 13, 2023. [City Manager] 4. Atascadero Tourism Business Improvement District (ATBID) Annual Assessment ▪ Fiscal Impact: None. ▪ Recommendation: Council: 1. Approve the ATBID Annual Report; and 2. Adopt Draft Resolution, declaring intent to levy an annual Business Improvement District assessment on lodging businesses within the Atascadero Tourism Business Improvement District, and set a public hearing for June 13, 2023. [City Manager] 5. Atascadero Tourism Business Improvement District (ATBID) Board Appointment of Two Board Members for New Term ▪ Fiscal Impact: None. ▪ Recommendation: Council appoint Corina Ketchum and Tom O’Malley to the ATBID Advisory Board for the term expiring June 30, 2025. [City Manager] 6. Annexation of the Marketplace Project into Community Facilities District 2005-1, Annexation No. 25 ▪ Fiscal Impact: Assessment revenue will range between $0 and $71,677 each year, with annual adjustments for inflation. ▪ Recommendation: Council adopt Draft Resolution, declaring intent to annex territory into Community Facilities District 2005-1 (Public Services) as Annexation No. 25, and to authorize the levy of special taxes therein (Marketplace). [Community Development] 7. Adopting a List of Projects for Fiscal Year 2023-2024 Funded by SB 1: the Road Repair and Accountability Act of 2017 ▪ Fiscal Impact: $760,910 in 2023-2024 SB 1 funding. ▪ Recommendation: Council adopt Draft Resolution, adopting a list of projects to be funded with Road Maintenance and Rehabilitation Account revenues from SB 1 (The Road Repair and Accountability Act of 2017) for fiscal year 2023-2024. [Public Works] 8. Broadband Strategy Implementation Services ▪ Fiscal Impact: $90,000. ▪ Recommendation: Council approve a contract with TeleworX on a time and materials basis, not to exceed $90,000, for North County Broadband Strategy Implementation Services. [Community Development] MOTION: By Council Member Bourbeau and seconded by Council Member Dariz to approve the Consent Calendar Items. (#A-3: Resolution No. 2023-033) (#A-4: Resolution No. 2023-034) (#A-6: Resolution No. 2023-035) (#A-7: Resolution No. 2023-036) (#A-8: Contract No. 2023- 013) Page 10 of 277 ITEM NUMBER: A-1 DATE: 06/13/23 Motion passed 5:0 by a roll-call vote. UPDATES FROM THE CITY MANAGER: City Manager Rickard gave an update on projects and events within the City. COMMUNITY FORUM: The following persons spoke in-person by telephone or through the webinar: Twila Martin and Geoff Auslen. B. PUBLIC HEARINGS: 1. Proposition 218 Majority Protest Process Relative to Proposed Increase to Wastewater (Sewer) Rates ▪ Fiscal Impact: $750,000 in additional revenue from increased sewer service charges. ▪ Recommendation: Council: 1. Conduct a public hearing to receive all written and verbal testimony regarding the proposed wastewater (sewer) rates and consider the results of protest proceedings in accordance with Proposition 218; and 2. Adopt one of the following resolutions certifying the protest results: A. For a non-majority protest – Draft Resolution A, certifying that the number of valid written protests were not received from property owners representing a majority of the parcels subject to the proposed rate increase. OR B. For a majority protest – Draft Resolution B, certifying that the number of valid written protests were received from property owners representing a majority of the parcels subject to the proposed rate increase. 3. If no majority protest exists, adopt Draft Resolution C, approving proposed wastewater rates effective July 1, 2023. [Public Works] Ex Parte: None Public Works Analyst Betz gave the report and answered questions from the Council. PUBLIC COMMENT: The following persons spoke on this item: None Mayor Moreno closed the Public Comment period. MOTION: By Council Member Bourbeau and seconded by Council Member Funk to adopt Resolution No. 2023-037 certifying that the number of valid written protests were not received from property owners representing a majority of the parcels subject to the proposed rate increase and adopt Resolution No. 2023-038 approving proposed wastewater rates effective July 1, 2023. Page 11 of 277 ITEM NUMBER: A-1 DATE: 06/13/23 Motion passed 5:0 by a roll-call vote. 2. Amendments to Fee Schedule ▪ Fiscal Impact: Operating revenue from the CPI increase will be offset by increases in costs to provide the services. ▪ Recommendation: Council adopt Draft Resolution, adopting amended fees and deposits to offset costs incurred in planning services, and a schedule of fees and charges for City services. [Administrative Services] Ex Parte: None Administrative Services Director Rangel gave the report and answered questions from the Council. PUBLIC COMMENT: The following persons spoke on this item: Geoff Auslen Mayor Moreno closed the Public Comment period. MOTION: By Council Member Bourbeau and seconded by Council Member Dariz to adopt Resolution No. 2023-039, adopting amended fees and deposits to offset costs incurred in planning services, and a schedule of fees and charges for City services with the following changes: • Amend 23-055 and 23-055A keeping the percentages from the approved 2022 Fee Schedule. • Amend 23-131A to waive nominal amounts up to $25. Motion passed 5:0 by a roll-call vote. C. MANAGEMENT REPORTS: 1. El Camino Real Downtown Infrastructure Enhancement Project ▪ Fiscal Impact: None. ▪ Recommendation: Council review and approve the final concept plan for the El Camino Real Downtown Infrastructure Enhancement Plan, and direct staff and design consultant to move forward with preparation of final construction bid package. [Public Works] Public Works Director DeBar gave a brief summary of the report and introduced the design consultant, Sarah Huffman with Wallace Group, who gave the report and answered questions from the Council. PUBLIC COMMENT: The following persons spoke on this item: Geoff Auslen Mayor Moreno closed the Public Comment period. MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Funk to approve the final concept plan for the El Camino Real Downtown Infrastructure Enhancement Plan and direct staff and Page 12 of 277 ITEM NUMBER: A-1 DATE: 06/13/23 design consultant to move forward with preparation of final construction bid package. Motion passed 5:0 by a roll-call vote. 2. Discussion of Potential Text Amendments to Titles 3 and 9, Planning and Zoning ▪ Fiscal Impact: None. ▪ Recommendation: Council review and discuss potential text amendments to Titles 3 and 9, Planning and Zoning, and direct staff regarding which amendments to bring forward at this time. [Community Development] Community Development Director Dunsmore gave the report and answered questions from the Council. Associate Planner Gash also answered question from Council. PUBLIC COMMENT: The following persons spoke on this item: None Mayor Moreno closed the Public Comment period. MOTION: By Council Member Newsom and seconded by Mayor Pro Tem Funk to direct staff to bring forward all 14 potential text amendments to Titles 3 and 9, Planning and Zoning, of the Atascadero Municipal Code, giving staff discretion to prioritize when and which amendments to bring forward to Council for review, discussion, and adoption. Motion passed 5:0 by a roll-call vote. D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: Mayor Moreno 1. County Mayors Round Table 2. SLO Council of Governments (SLOCOG) Mayor Pro Tem Funk 1. Design Review Committee 2. Homeless Services Oversight Council Council Member Bourbeau 1. City of Atascadero Finance Committee 2. Integrated Waste Management Authority (IWMA) Council Member Dariz 1. Air Pollution Control District 3. Community Action Partnership of San Luis Obispo (CAPSLO) 4. Visit SLO CAL Advisory Committee Council Member Newsom 1. City of Atascadero Finance Committee 2. City / Schools Committee 3. Design Review Committee Page 13 of 277 ITEM NUMBER: A-1 DATE: 06/13/23 Council Member Newsom reported attending the CJPIA Elected Official Summit from May 15-17, 2023 in Paso Robles. E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council – Mayor Moreno announced that Council Member Dariz would take Council Member Newsom’s place on DRC and Mayor Pro Tem Funk would be the new Chair of DRC. F. ADJOURN Mayor Moreno adjourned the meeting at 8:55 p.m. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen Deputy City Manager / City Clerk APPROVED: Page 14 of 277 ITEM NUMBER: A-2 DATE: 06/13/23 Atascadero City Council Staff Report – Public Works Department Authorizing Temporary Road Closures for 2023 Hot El Camino Cruise Nite and Colony Days Parade Route RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A, authorizing temporary road closures and restrictions on August 18, 2023 for the Hot El Camino Cruise Nite. 2. Adopt Draft Resolution B, authorizing temporary road closures and restrictions on October 7, 2023 for the Colony Days Parade Route. DISCUSSION: Historically, the City participates in two special events each year that require encroachment permits from Caltrans: Hot El Camino Cruise Nite and the Colony Days Parade. Both of these events require the closure of Highway 41 at El Camino Real and the closure of the US 101 northbound Highway 41 exit. In order to obtain a Caltrans encroachment permit, the City must provide Caltrans with a traffic control and detour plan for the Highway 41 closures. In addition, Caltrans requires a City Council resolution authorizing the temporary road closure of El Camino Real and the other streets affected along the routes. Hot El Camino Cruise Nite: Friday, August 18, 2023 (event 6:30 to 8:30 p.m.) This event begins at 6:30 p.m. but requires temporary road closures in advance of the start time to secure and clear the event route. The following road segments are proposed to be closed from 5:00 p.m. until 9:00 p.m. for the Hot El Camino Cruise Nite event: • El Camino Real from Curbaril Avenue to Traffic Way • San Luis Avenue from Curbaril Avenue to Pueblo Avenue • Pueblo Avenue from San Luis Avenue to El Camino Real • East Mall from El Camino Real to Palma Avenue • West Mall from El Camino Real to Lewis Avenue • Entrada Avenue from El Camino Real to Lewis Avenue • Traffic Way from El Camino Real to Lewis Avenue • Palma Avenue from Traffic Way to East Mall Page 15 of 277 ITEM NUMBER: A-2 DATE: 06/13/23 The Hot El Camino Cruise Nite event attracts tourists and spectators who line El Camino Real to view the vehicles that participate in this historically popular event. The following evening, “Dancing in the Streets,” a popular event that debuted in 2016, will have street closures that will only impact the downtown area from West Mall to Traffic Way. “Dancing in the Streets” is tentatively planned for Saturday, August 19, 2023 from 5:00 p.m. to 9:00 p.m. A resolution is not needed for this event since Caltrans highway operations are unaffected by the event. Colony Days Parade: Saturday, October 7, 2023 (event 10:00 a.m. to 1:00 p.m.) The Colony Days Parade route will begin on El Camino Real near Pueblo Avenue and travel northbound on El Camino Real, then turn east on West Mall ending at Lewis Avenue near City Hall. Required road closures are very similar to Hot El Camino Cruise Nite except Lewis Avenue (between Entrada Avenue and East Mall) and West Mall (between Lewis Avenue and Olmeda Avenue) will also be closed, while Traffic Way, Entrada Avenue, and Palma Avenue (between Traffic Way and Entrada Avenue), will remain open. Road closures for the Colony Days Parade occurs in two stages. The first stage occurs at 8:00 a.m. and is a “soft” closure that closes a portion of the parade route to allow floats and other participants to set up. The second stage occurs at 9:30 a.m. and is a “hard” closure that prohibits all unauthorized vehicles from driving through the parade route or any closed road. A detail of each of the road closures is included in the Draft Resolutions (Attachments 1 & 2) and on the proposed route for Hot El Camino Cruise Nite and Colony Days (Attachment 3). FISCAL IMPACT: Cruise Nite incurs no net fiscal impact. The City cost of conducting the event is approximately $15,000 and is included in the adopted budget. It is anticipated that these costs will be fully recovered through budgeted sponsorships and entry fees. The Colony Days closure of the parade route is expected to take over 100 hours of budgeted staff time for road closure applications, set-up and oversight of the road closure. Colony Days is a non-profit event co-sponsored by the City. ATTACHMENTS: 1. Draft Resolution A - Cruise Nite 2. Draft Resolution B - Colony Days 3. Maps - Proposed Hot El Camino Cruise Nite and Colony Days Parade Routes Page 16 of 277 ITEM NUMBER: A-2 DATE: ATTACHMENT: 06/13/23 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING TEMPORARY ROAD CLOSURES AND RESTRICTIONS FOR HOT EL CAMINO CRUISE NITE BE IT RESOLVED, by the City Council of the City of Atascadero that the Hot El Camino Cruise Nite route is hereby established as: El Camino Real from Curbaril Avenue to Entrada Avenue to Palma Avenue to Traffic Way and returning to El Camino Real. Additionally, San Luis Avenue from Curbaril Avenue to Pueblo Avenue, and Pueblo Avenue from San Luis Avenue to El Camino Real, will be closed for participant registration and check-in activities. BE IT FURTHER RESOLVED that in order to provide a closed route for the Cruise, the area described above is designated as a “No Parking” and tow-away zone from 5:00 p.m. until 9:00 p.m., on August 18, 2023. BE IT FURTHER RESOLVED that the City Engineer is authorized to make modifications to the above road restrictions and associated traffic control plan as necessary to address conflicts, improve efficiencies, and for public health, welfare, and safety purposes. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of _______, 2023. On motion by Council Member ____________________ and seconded by Council Member ____________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ____________________________________ Heather Moreno, Mayor ATTEST: ____________________________________ Lara K. Christensen, City Clerk Page 17 of 277 ITEM NUMBER: A-2 DATE: ATTACHMENT: 06/13/23 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING TEMPORARY ROAD CLOSURES AND RESTRICTIONS FOR COLONY DAYS PARADE ROUTE BE IT RESOLVED by the City Council of the City of Atascadero that the Colony Days Parade route is hereby established as El Camino Real from Curbaril Avenue to West Mall and ending at Lewis Avenue with the Colony Day Festivities centered at the Sunken Gardens. Additionally, San Luis Avenue from Curbaril Avenue to Pueblo Avenue and Pueblo Avenue from Luis Avenue to El Camino Real will be closed for Colony Days Parade staging area. BE IT FURTHER RESOLVED that in order to provide a reserved route for the Parade, staging and associated activities, the following actions are required: Friday, October 6, 2023 through Saturday, October 7, 2023 – 24 hours Establish “No Parking” and tow-away zone • East Mall – South side only, from El Camino Real to Palma Avenue Saturday, October 7, 2023 – 6:00 a.m. until 5:00 p.m. Establish road closure and tow-away zone • East Mall, from El Camino Real to Palma Avenue • West Mall, from El Camino Real to Lewis Avenue • Palma Avenue, from East Mall to West Mall Saturday, October 7, 2023 – 8:00 a.m. until 1:00 p.m. (Hard closure at 9:30 a.m.) Establish road closure and tow-away zone • El Camino Real, from Curbaril Avenue to Entrada Avenue • San Luis Avenue, from Curbaril Avenue to Pueblo Avenue • Pueblo Avenue, from San Luis Avenue to El Camino Real • Lewis Avenue, from Entrada Avenue to East Mall (close at 10:00 a.m.) • West Mall, from Lewis Avenue to Olmeda Avenue (close at 10:00 a.m.) BE IT FURTHER RESOLVED that the City Engineer is authorized to make modifications to the above road restrictions and associated traffic control plan as necessary to address conflicts, improve efficiencies, and for public health, welfare, and safety purposes. Page 18 of 277 ITEM NUMBER: A-2 DATE: ATTACHMENT: 06/13/23 2 PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of _______, 2023. On motion by Council Member ____________________ and seconded by Council Member ____________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ____________________________________ Heather Moreno, Mayor ATTEST: ____________________________________ Lara K. Christensen, City Clerk Page 19 of 277 ITEM NUMBER: A-2 DATE: ATTACHMENT: 06/13/23 3 Hot El Camino Cruise Nite Page 20 of 277 ITEM NUMBER: A-2 DATE: ATTACHMENT: 06/13/23 3 Colony Days Parade Page 21 of 277 ITEM NUMBER: A-3 DATE: 06/13/23 Atascadero City Council Staff Report - City Manager’s Office Side Letters of Agreement for the Atascadero Police Officers Association, Atascadero Professional Firefighters Local 3600, Mid-Management/Professional Employees Association, Service Employees International Union Local 620, and Resolution for Non-Represented Professional and Management Workers and Confidential Employees RECOMMENDATIONS: Council: 1. Approve the Side Letters of Agreement for the Atascadero Police Officers Association, Atascadero Professional Firefighters Local 3600, Mid- Management/Professional Employees Association, Service Employees International Union Local 620; and 2. Adopt the Draft Resolution for Non-Represented Professional and Management Workers and Confidential Employees; and 3. Approve the Salary Schedule for Fiscal Year 2023-2024. DISCUSSION: The City of Atascadero has a total of five employee bargaining units. Agreements for all of the bargaining units are effective through June 30, 2024. The five bargaining units include the Atascadero Police Officers Association (APOA), the Atascadero Professional Firefighters Association (APFA), the Mid-Management/Professional Employees Association (MMPEA), the Service Employees International Union Local 620 (SEIU), as well as the Resolution for Non-Represented Professional and Management Workers and Confidential Employees (Non-Represented). As part of Measure D-20, the Council and community stated that retaining professional employees and the ability to attract professional employees is a priority area. While compensation is often not the only reason an employee chooses to work for an employer, when there are significant differences in pay, it is an important consideration. Because the cost of living is high in the area, and neighboring jurisdictions are able to pay more, the City’s low wages are often a barrier to attracting, hiring and—most importantly—retaining Page 22 of 277 ITEM NUMBER: A-3 DATE: 06/13/23 professional employees. This has a large effect on City operations as vacancies lead to even lower staffing levels, inefficiencies and additional incurred costs as new employees are trained. When approving the three-year labor agreements in 2021, the City made significant strides in adjusting salaries closer to the average wage paid for each position in the County. Since approving the labor agreements, other jurisdictions in the County have also approved labor agreements with increases causing the City to once again be below the countywide average pay for most positions. It is important to pay competitive salaries in order to retain and attract professional employees to serve this community. Due to the desire to remain competitive and the high inflation rates, it is recommended that an additional 3% Cost of Living Allowance (COLA) be added to the salary schedule effective July 1, 2023 for all positions. (The salary for City Manager will not receive this COLA, but instead will be changed to the amount included in the Employment Agreement for James R. Lewis approved by the Council on May 9, 2023.) In order to adopt the additional 3% COLA, an agreement must be executed with each bargaining unit (side letters) and a new resolution adopted for Management and Confidential Employees. Each bargaining unit has gratefully approved each of the proposed side-letters. A new salary schedule with the proposed new monthly salaries must also be adopted by Council. An additional change is being proposed to the Management and Confidential Resolution to clarify the eligibility requirements for post-retirement health benefits. The current wording states that an employee must have served for 8 years. The proposed language change clarifies that the employee must have served a minimum of 8 years. A language change is also proposed to clarify that Council Members who are eligible for the benefit shall be eligible after serving consecutive terms that total approximately 8 years (i.e., two 4-year council terms, four 2-year mayor terms, one 4-year council term and two 2-year mayor terms, etc.) Because the swear-in and leaving office dates are set as the second Tuesday in December, the dates vary by a few days year to year. The proposed change clarifies that the Council Member shall meet the minimum eight-year eligibility requirement even if their last term ends a few days short of the eight years. These proposed language changes do not reflect a change to benefits and are just clarifications. Conclusion: Due to the challenges in hiring and retaining quality employees, Council continues to make staffing a priority and has included “Provide competitive salaries/benefits and appropriate classifications for all employees” as a key action in the both 2021-2023 Action Plan and the proposed 2023-2025 Action Plan. Approving the proposed side letters, resolution and salary schedule will help the City remain competitive. FISCAL IMPACT: The total fiscal impact of these actions is $516,800 for fiscal year 2023-2024. Page 23 of 277 ITEM NUMBER: A-3 DATE: 06/13/23 ATTACHMENTS: 1. Side Letter of Agreement for the Atascadero Police Association 2. Side Letter of Agreement for Atascadero Professional Firefighters Local 3600 3. Side Letter of Agreement for Mid-Management/Professional Employees Association 4. Side Letter of Agreement for Service Employees International Union Local 620 5. Draft Resolution for Non-Represented Professional and Management Workers and Confidential Employees 6. Salary Schedule for Fiscal Year 2023-2024 Page 24 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 1 Side Letter of Agreement City of Atascadero And Atascadero Police Association June 13, 2023 Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), and Sections 1.4.b and 6.2 of the Memorandum of Understanding (“MOU”) between the City of Atascadero (“City”) and the Atascadero Police Association (“Association”) effective July 1, 2021 through June 30, 2024 (“MOU”), this Side Letter of Agreement (“Side Letter Agreement”) is entered into on June 13, 2023, between the City and the Association as an amendment to the MOU. The Association and the City are collectively referred to herein as the “parties.” It is understood and agreed that the specific provisions contained in this Side Letter Agreement shall supersede any previous agreements, whether oral and written, regarding the matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the Association in the MOU shall remain in full force and effect. The City and Association have met and conferred in good faith concerning the terms and conditions of this Side Letter Agreement and its implementation and agree to the following: SECTION 4.1 SALARY, Year 3 shall be amended as follows: Year 3 - Effective July 1, 2023 all employees covered under this MOU shall receive a 36.5% (three six point five percent) COLA salary increase. Because the wages paid for certain positions are below the comparable wages for other cities within the County, and because the City hopes to increase retention and attraction of professional employees, an additional 1.5% (one point five percent) inequity adjustment, for a total of 85% (fiveeight point zero percent) will be made to base salary for all employees covered under this MOU. The following monthly salaries are effective July 1, 2023: Page 25 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 1 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Community Services Officer 4,521.64 4,747.72 4,985.11 5,234.37 5,496.09 Police Corporal 7,770.35 8,158.86 8,566.80 8,995.14 9,444.90 Police Corporal - Intermediate POST 7,964.61 8,362.84 8,780.98 9,220.03 9,681.03 Police Corporal- Advanced POST 8,158.86 8,566.80 8,995.14 9,444.90 9,917.15 Police Lead Records Technician 5,633.48 5,915.15 6,210.91 6,521.46 6,847.53 Police Level 3 Reserve Officer 7,047.93 7,400.33 n/a n/a n/a Police Officer 7,047.93 7,400.33 7,770.35 8,158.87 8,566.81 Police Officer - Intermediate POST 7,224.13 7,585.34 7,964.61 8,362.84 8,780.98 Police Officer - Advanced POST 7,400.33 7,770.35 8,158.87 8,566.81 8,995.15 Police Officer Recruit 5,496.09 n/a n/a n/a n/a Police Sergeant 9,029.20 9,480.66 9,954.69 10,452.42 10,975.04 Police Sergeant - Advanced POST 9,254.93 9,717.68 10,203.56 10,713.74 11,249.43 Police Sergeant - Supervisory POST 9,480.66 9,954.69 10,452.42 10,975.04 11,523.79 Public Safety Dispatcher 5,496.09 5,770.89 6,059.43 6,362.40 6,680.52 Public Safety Dispatcher - EMD 5,546.09 5,823.39 6,114.56 6,420.29 6,741.30 Public Safety Dispatcher w/Longevity 5,770.89 6,059.43 6,362.40 6,680.52 7,014.55 Public Safety Dispatcher - EMD with Longevity 5,820.89 6,111.93 6,417.53 6,738.41 7,075.33 Public Safety Lead Dispatcher 6,059.43 6,362.40 6,680.52 7,014.55 7,365.28 Public Safety Lead Dispatcher - EMD 6,109.43 6,414.90 6,735.65 7,072.44 7,426.06 Public Safety Lead Dispatcher w/ Longevity 6,362.40 6,680.52 7,014.55 7,365.28 7,733.54 Public Safety Lead Dispatcher - EMD with Longevity 6,412.40 6,733.02 7,069.68 7,423.17 7,794.32 Senior Property Evidence Specialist 7,365.28 7,733.54 8,120.22 8,526.23 8,952.54 Senior Property Evidence Specialist - EMD 7,415.28 7,786.04 8,175.35 8,584.12 9,013.32 Senior Property Evidence Specialist w/Longevity 7,733.54 8,120.22 8,526.23 8,952.54 9,400.17 Senior Property Evidence Specialist - EMD with Longevity 7,783.54 8,172.72 8,581.36 9,010.43 9,460.95 MONTHLY SALARY Effective July 1, 2023 Page 26 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 1 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Code Enforcement Officer 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$ 6,657.33$ Community Services Officer 4,396.04$ 4,615.84$ 4,846.63$ 5,088.96$ 5,343.41$ Police Corporal 7,554.50$ 7,932.22$ 8,328.83$ 8,745.27$ 9,182.53$ Police Corporal - Intermediate POST 7,743.36$ 8,130.53$ 8,537.06$ 8,963.91$ 9,412.11$ Police Corporal- Advanced POST 7,932.22$ 8,328.83$ 8,745.27$ 9,182.53$ 9,641.66$ Police Lead Records Technician 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$ 6,657.33$ Police Level 3 Reserve Officer 6,852.15$ 7,194.76$ n/a n/a n/a Police Officer 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$ Police Officer - Intermediate POST 7,023.45$ 7,374.62$ 7,743.35$ 8,130.52$ 8,537.05$ Police Officer - Advanced POST 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$ 8,745.28$ Police Officer Recruit 5,343.41$ n/a n/a n/a n/a Police Sergeant 8,778.39$ 9,217.31$ 9,678.18$ 10,162.09$ 10,670.19$ Police Sergeant - Advanced POST 8,997.85$ 9,447.74$ 9,920.13$ 10,416.14$ 10,936.95$ Police Sergeant - Supervisory POST 9,217.31$ 9,678.18$ 10,162.09$ 10,670.19$ 11,203.70$ Public Safety Dispatcher 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$ Public Safety Dispatcher - EMD 5,393.41$ 5,663.08$ 5,946.24$ 6,243.56$ 6,555.73$ Public Safety Dispatcher w/Longevity 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$ Public Safety Dispatcher - EMD w/Longevity 5,660.58$ 5,943.61$ 6,240.80$ 6,552.84$ 6,880.48$ Public Safety Lead Dispatcher 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$ 7,160.69$ Public Safety Lead Dispatcher - EMD 5,941.11$ 6,238.17$ 6,550.08$ 6,877.59$ 7,221.47$ Public Safety Lead Dispatcher w/Longevity 6,185.67$ 6,494.95$ 6,819.70$ 7,160.69$ 7,518.72$ Public Safety Lead Dispatcher - EMD w/Longevity 6,235.67$ 6,547.45$ 6,874.83$ 7,218.58$ 7,579.50$ Senior Property Evidence Specialist 7,160.69$ 7,518.72$ 7,894.66$ 8,289.39$ 8,703.86$ Senior Property Evidence Specialist - EMD 7,210.69$ 7,571.22$ 7,949.79$ 8,347.28$ 8,764.64$ Senior Property Evidence Specialist w/Longevity 7,518.72$ 7,894.66$ 8,289.39$ 8,703.86$ 9,139.05$ Senior Property Evidence Specialist - EMD w/Longevity 7,568.72$ 7,947.16$ 8,344.52$ 8,761.75$ 9,199.83$ MONTHLY SALARY Effective July 1, 2023 All other provisions of the 2021-2024 MOU shall remain in full force and effect. Page 27 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 1 Atascadero Police Association City of Atascadero Date: ____________________________ Date: ____________________________ By: ____________________________ APA By: ____________________________ Rachelle Rickard, City Manager Date: ____________________________ Date: ____________________________ By: ____________________________ APA By: ____________________________ Heather Moreno, Mayor Date: ____________________________ By: ____________________________ APA Date: ____________________________ By: ____________________________ APA Page 28 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 2 Side Letter of Agreement City of Atascadero And Atascadero Professional Firefighters Local 3600 June 13, 2023 Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), and Sections 1.4.b and 6.2 of the Memorandum of Understanding (“MOU”) between the City of Atascadero (“City”) and the Atascadero Professional Firefighters Local 3600 (“Association”) effective July 1, 2021 through June 30, 2024 (“MOU”), this Side Letter of Agreement (“Side Letter Agreement”) is entered into on June 13, 2023, between the City and the Association as an amendment to the MOU. The Association and the City are collectively referred to herein as the “parties.” It is understood and agreed that the specific provisions contained in this Side Letter Agreement shall supersede any previous agreements, whether oral and written, regarding the matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the Association in the MOU shall remain in full force and effect. The City and Association have met and conferred in good faith concerning the terms and conditions of this Side Letter Agreement and its implementation and agree to the following: SECTION 2.1 SALARY Year 3, shall be amended as follows: Year 3 - Effective July 1, 2023, all positions covered under this MOU shall receive a 3.5% 6.5% (three point five percent six point five percent) salary increase to base pay. The following monthly salaries are effective July 1, 2023: Page 29 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 2 CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E Fire Captain F41 8,174.21 8,582.92 9,012.07 9,462.67 9,935.80 Fire Captain Specialist I F41-1 8,255.95 8,668.75 9,102.19 9,557.30 10,035.17 Fire Captain Specialist II F41-2 8,337.69 8,754.57 9,192.30 9,651.92 10,134.52 Fire Captain/Paramedic F41-10 8,991.63 9,441.21 9,913.27 10,408.93 10,929.38 Fire Captain/Paramedic/Specialist I F41-11 9,073.37 9,527.04 10,003.39 10,503.56 11,028.74 Fire Captain/Paramedic/Specialist II F41-12 9,155.12 9,612.88 10,093.52 10,598.20 11,128.11 Fire Engineer F34 6,893.06 7,237.71 7,599.60 7,979.58 8,378.56 Fire Engineer Specialist I F34-1 6,961.99 7,310.09 7,675.59 8,059.37 8,462.34 Fire Engineer Specialist II F34-2 7,030.92 7,382.47 7,751.59 8,139.17 8,546.13 Fire Engineer/OIC F34-2 7,030.92 7,382.47 7,751.59 8,139.17 8,546.13 Fire Engineer/OIC/Specialist I F34-3 7,099.85 7,454.84 7,827.58 8,218.96 8,629.91 Fire Engineer/OIC/Specialist II F34-4 7,168.78 7,527.22 7,903.58 8,298.76 8,713.70 Fire Engineer/Paramedic F34-10 7,582.37 7,961.49 8,359.56 8,777.54 9,216.42 Fire Engineer/Paramedic/OIC F34-12 7,720.23 8,106.24 8,511.55 8,937.13 9,383.99 Fire Engineer/Paramedic/OIC/Specialist I F34-13 7,789.16 8,178.62 8,587.55 9,016.93 9,467.78 Fire Engineer/Paramedic/OIC/Specialist II F34-14 7,858.09 8,250.99 8,663.54 9,096.72 9,551.56 Fire Engineer/Paramedic/Specialist I F34-11 7,651.30 8,033.87 8,435.56 8,857.34 9,300.21 Fire Engineer/Paramedic/Specialist II F34-12 7,720.23 8,106.24 8,511.55 8,937.13 9,383.99 Firefighter F31 6,404.70 6,724.94 7,061.19 7,414.25 7,784.96 Firefighter Specialist I F31-1 6,468.75 6,792.19 7,131.80 7,488.39 7,862.81 Firefighter Specialist II F31-2 6,532.79 6,859.43 7,202.40 7,562.52 7,940.65 Firefighter/FEO F31-2 6,532.79 6,859.43 7,202.40 7,562.52 7,940.65 Firefighter/FEO/Specialist I F31-3 6,596.84 6,926.68 7,273.01 7,636.66 8,018.49 Firefighter/FEO/Specialist II F31-4 6,660.89 6,993.93 7,343.63 7,710.81 8,096.35 Firefighter/Paramedic F31-10 7,045.17 7,397.43 7,767.30 8,155.67 8,563.45 Firefighter/Paramedic/FEO F31-12 7,173.26 7,531.92 7,908.52 8,303.95 8,719.15 Firefighter/Paramedic/FEO/Specialist I F31-13 7,237.31 7,599.18 7,979.14 8,378.10 8,797.01 Firefighter/Paramedic/FEO/Specialist II F31-14 7,301.36 7,666.43 8,049.75 8,452.24 8,874.85 Firefighter/Paramedic/Specialist I F31-11 7,109.22 7,464.68 7,837.91 8,229.81 8,641.30 Firefighter/Paramedic/Specialist II F31-12 7,173.26 7,531.92 7,908.52 8,303.95 8,719.15 MONTHLY SALARY Effective July 1, 2023 Page 30 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 2 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Firefighter 6,224.28 6,535.49 6,862.26 7,205.37 7,565.64 Firefighter Specialist I 6,286.52 6,600.85 6,930.89 7,277.43 7,641.30 Firefighter Specialist II 6,348.77 6,666.21 6,999.52 7,349.50 7,716.98 Firefighter/FEO 6,348.77 6,666.21 6,999.52 7,349.50 7,716.98 Firefighter/FEO/Specialist I 6,411.01 6,731.56 7,068.14 7,421.55 7,792.63 Firefighter/FEO/Specialist II 6,473.25 6,796.91 7,136.76 7,493.60 7,868.28 Firefighter/Paramedic 6,846.71 7,189.05 7,548.50 7,925.93 8,322.23 Firefighter/Paramedic/Specialist I 6,908.95 7,254.40 7,617.12 7,997.98 8,397.88 Firefighter/Paramedic/Specialist II 6,971.19 7,319.75 7,685.74 8,070.03 8,473.53 Firefighter/Paramedic/FEO 6,971.19 7,319.75 7,685.74 8,070.03 8,473.53 Firefighter/Paramedic/FEO/Specialist I 7,033.44 7,385.11 7,754.37 8,142.09 8,549.19 Firefighter/Paramedic/FEO/Specialist II 7,095.68 7,450.46 7,822.98 8,214.13 8,624.84 Fire Engineer 6,698.88 7,033.82 7,385.51 7,754.79 8,142.53 Fire Engineer Specialist I 6,765.87 7,104.16 7,459.37 7,832.34 8,223.96 Fire Engineer Specialist II 6,832.86 7,174.50 7,533.23 7,909.89 8,305.38 Fire Engineer/OIC 6,832.86 7,174.50 7,533.23 7,909.89 8,305.38 Fire Engineer/OIC/Specialist I 6,899.85 7,244.84 7,607.08 7,987.43 8,386.80 Fire Engineer/OIC/Specialist II 6,966.84 7,315.18 7,680.94 8,064.99 8,468.24 Fire Engineer/Paramedic 7,368.77 7,737.21 8,124.07 8,530.27 8,956.78 Fire Engineer/Paramedic/Specialist I 7,435.76 7,807.55 8,197.93 8,607.83 9,038.22 Fire Engineer/Paramedic/Specialist II 7,502.75 7,877.89 8,271.78 8,685.37 9,119.64 Fire Engineer/Paramedic/OIC 7,502.75 7,877.89 8,271.78 8,685.37 9,119.64 Fire Engineer/Paramedic/OIC/Specialist I 7,569.73 7,948.22 8,345.63 8,762.91 9,201.06 Fire Engineer/Paramedic/OIC/Specialist II 7,636.72 8,018.56 8,419.49 8,840.46 9,282.48 Fire Captain 7,943.92 8,341.12 8,758.18 9,196.09 9,655.89 Fire Captain Specialist I 8,023.36 8,424.53 8,845.76 9,288.05 9,752.45 FireCaptain Specialist II 8,102.80 8,507.94 8,933.34 9,380.01 9,849.01 Fire Captain/Paramedic 8,738.31 9,175.23 9,633.99 10,115.69 10,621.47 Fire Captain/Paramedic/Specialist I 8,817.75 9,258.64 9,721.57 10,207.65 10,718.03 Fire Captain/Paramedic/Specialist II 8,897.19 9,342.05 9,809.15 10,299.61 10,814.59 MONTHLY SALARY Effective July 1, 2023 All other provisions of the 2021-2024 MOU shall remain in full force and effect. Page 31 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 2 APF Local 3600 City of Atascadero Date: ____________________________ Date: ____________________________ By: ____________________________ APF By: ____________________________ Rachelle Rickard, City Manager Date: ____________________________ Date: ____________________________ By: ____________________________ APF By: ____________________________ Heather Moreno, Mayor Page 32 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 3 Side Letter of Agreement City of Atascadero And Mid Management/Professional Employees Association June 13, 2023 Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), and Sections 1.4.b and 6.2 of the Memorandum of Understanding (“MOU”) between the City of Atascadero (“City”) and the Mid Management/Professional Employees Association (“Association”) effective July 1, 2021 through June 30, 2024 (“MOU”), this Side Letter of Agreement (“Side Letter Agreement”) is entered into on June 13, 2023, between the City and the Association as an amendment to the MOU. The Association and the City are collectively referred to herein as the “parties.” It is understood and agreed that the specific provisions contained in this Side Letter Agreement shall supersede any previous agreements, whether oral and written, regarding the matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the Association in the MOU shall remain in full force and effect. The City and Association have met and conferred in good faith concerning the terms and conditions of this Side Letter Agreement and its implementation and agree to the following: SECTION 2.1 SALARY, Year 3 shall be amended as follows: Year 3 - Effective July 1, 2023, all positions covered under this MOU shall receive a 3.5% 6.5% (three point five percentsix point five percent) COLA salary increase. The following monthly salaries are effective July 1, 2023: CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E Associate Civil Engineer/Storm Water Manager 37 7,420.40 7,791.42 8,180.99 8,590.04 9,019.54 Associate Civil Engineer - Registered Engineer 41 8,180.99 8,590.04 9,019.54 9,470.52 9,944.05 Public Works Operations Manager 38 7,605.91 7,986.21 8,385.52 8,804.80 9,245.04 Recreation Supervisor 28 5,959.43 6,257.40 6,570.27 6,898.78 7,243.72 MONTHLY SALARY Effective July 1, 2023 Page 33 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 3 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Associate Civil Engineer/Storm Water Manager 7,211.40 7,571.97 7,950.57 8,348.10 8,765.51 Associate Civil Engineer - Registered Engineer 7,950.57 8,348.10 8,765.51 9,203.79 9,663.98 Public Works Operations Manager 7,391.61 7,761.19 8,149.25 8,556.71 8,984.55 Recreation Supervisor 5,791.59 6,081.17 6,385.23 6,704.49 7,039.71 MONTHLY SALARY Effective July 1, 2023 All other provisions of the 2021-2024 MOU shall remain in full force and effect. Mid Management/Professional Employees City of Atascadero Date: ____________________________ Date: ____________________________ By: ____________________________ By: ____________________________ Rachelle Rickard, City Manager Date: ____________________________ Date: ____________________________ By: ____________________________ By: ____________________________ Heather Moreno, Mayor Page 34 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 4 Side Letter of Agreement City of Atascadero And Local 620 Service Employees International Union Atascadero Chapter June 13, 2023 Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), and Sections 1.4.b and 6.2 of the Memorandum of Understanding (“MOU”) between the City of Atascadero (“City”) and the Local 620 Service Employees International Union Atascadero Chapter (“Union”) effective July 1, 2021 through June 30, 2024 (“MOU”), as amended by Side Letters dated 09/28/21 and 9/14/22, this Side Letter of Agreement (“Side Letter Agreement”) is entered into on June 13, 2023, between the City and the Union as an amendment to the MOU. The Union and the City are collectively referred to herein as the “parties.” It is understood and agreed that the specific provisions contained in this Side Letter Agreement shall supersede any previous agreements, whether oral and written, regarding the matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the Union in the MOU shall remain in full force and effect. The City and Union have met and conferred in good faith concerning the terms and conditions of this Side Letter Agreement and its implementation and agree to the following: SECTION 4.1 SALARY Year 3, shall be amended as follows: Year 3 - Effective July 1, 2023, all positions covered under this MOU shall receive a 3.5% 6.5% (three point five percent six point five percent) salary increase. The following monthly salaries become effective July 1, 2023: Page 35 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 4 CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E Account Clerk II 13 4,131.96 4,338.56 4,555.49 4,783.26 5,022.42 Administrative Assistant 20 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 Assistant Planner 26 5,675.66 5,959.44 6,257.41 6,570.28 6,898.79 Associate Planner 31 6,410.02 6,730.52 7,067.05 7,420.40 7,791.42 Building Inspector I 25 5,537.22 5,814.08 6,104.78 6,410.02 6,730.52 Building Permit Technician 16 4,447.03 4,669.38 4,902.85 5,147.99 5,405.39 Code Enforcement Officer 25 5,537.22 5,814.08 6,104.78 6,410.02 6,730.52 Finance Technician 21 5,022.42 5,273.54 5,537.22 5,814.08 6,104.78 Inspector 22 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41 Lead Maintenance Worker 19 4,783.26 5,022.42 5,273.54 5,537.22 5,814.08 Lead Zookeeper 18 4,669.38 4,902.85 5,147.99 5,405.39 5,675.66 Maintenance Worker I 9 3,747.81 3,935.20 4,131.96 4,338.56 4,555.49 Maintenance Worker II 15 4,338.56 4,555.49 4,783.26 5,022.42 5,273.54 Network Analyst 30 6,257.41 6,570.28 6,898.79 7,243.73 7,605.92 Office Assistant II 10 3,841.51 4,033.59 4,235.27 4,447.03 4,669.38 Office Assistant III 13 4,131.96 4,338.56 4,555.49 4,783.26 5,022.42 Public Works Inspector 27 5,814.08 6,104.78 6,410.02 6,730.52 7,067.05 Recreation Coordinator 20 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 Senior Building Inspector 35 7,067.05 7,420.40 7,791.42 8,180.99 8,590.04 Senior Planner 37 7,420.40 7,791.42 8,180.99 8,590.04 9,019.54 Systems Administrator III 35 7,067.05 7,420.40 7,791.42 8,180.99 8,590.04 Technical Support Specialist II 20 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 Website and Social Media Technician 20 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 WWTP Operator I 18 4,669.38 4,902.85 5,147.99 5,405.39 5,675.66 WWTP Operator II 24 5,405.39 5,675.66 5,959.44 6,257.41 6,570.28 WWTP Operator in Training 11 3,935.20 4,131.96 4,338.56 4,555.49 4,783.26 Zoo Education Curator 9 3,747.81 3,935.20 4,131.96 4,338.56 4,555.49 Zoo Supervisor 20 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 Zookeeper I 9 3,747.81 3,935.20 4,131.96 4,338.56 4,555.49 MONTHLY SALARY Effective July 1, 2023 Page 36 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 4 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Account Clerk II 4,015.57 4,216.35 4,427.17 4,648.53 4,880.96 Administrative Assistant 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59 Assistant Planner 5,515.80 5,791.59 6,081.17 6,385.23 6,704.49 Associate Planner 6,229.48 6,540.95 6,868.00 7,211.40 7,571.97 Building Inspector I 5,381.26 5,650.32 5,932.84 6,229.48 6,540.95 Code Enforcement Officer 5,381.26 5,650.32 5,932.84 6,229.48 6,540.95 Finance Technician 4,880.96 5,125.01 5,381.26 5,650.32 5,932.84 Inspector 5,002.99 5,253.14 5,515.80 5,791.59 6,081.17 Lead Maintenance Worker 4,648.53 4,880.96 5,125.01 5,381.26 5,650.32 Lead Zookeeper 4,537.86 4,764.75 5,002.99 5,253.14 5,515.80 Maintenance Worker I 3,642.24 3,824.35 4,015.57 4,216.35 4,427.17 Maintenance Worker II 4,216.35 4,427.17 4,648.53 4,880.96 5,125.01 Network Analyst 6,081.17 6,385.23 6,704.49 7,039.71 7,391.70 Office Assistant II 3,733.30 3,919.97 4,115.97 4,321.77 4,537.86 Office Assistant III 4,015.57 4,216.35 4,427.17 4,648.53 4,880.96 Permit Technician 4,321.77 4,537.86 4,764.75 5,002.99 5,253.14 Public Works Inspector 5,650.32 5,932.84 6,229.48 6,540.95 6,868.00 Recreation Coordinator 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59 Senior Building Inspector 6,868.00 7,211.40 7,571.97 7,950.57 8,348.10 Senior Planner 7,211.40 7,571.97 7,950.57 8,348.10 8,765.51 Systems Administrator III 6,868.00 7,211.40 7,571.97 7,950.57 8,348.10 Technical Support Specialist II 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59 Website and Social Media Technician 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59 WWTP Operator I 4,537.86 4,764.75 5,002.99 5,253.14 5,515.80 WWTP Operator II 5,253.14 5,515.80 5,791.59 6,081.17 6,385.23 WWTP Operator in Training 3,824.35 4,015.57 4,216.35 4,427.17 4,648.53 Zoo Education Curator 3,642.24 3,824.35 4,015.57 4,216.35 4,427.17 Zoo Supervisor 4,764.75 5,002.99 5,253.14 5,515.80 5,791.59 Zookeeper I 3,642.24 3,824.35 4,015.57 4,216.35 4,427.17 MONTHLY SALARY Effective July 1, 2023 All other provisions of the 2021-2024 MOU shall remain in full force and effect. Page 37 of 277 ITEM NUMBER: A-3 DATE: 6/13/23 ATTACHMENT: 4 Local 620 SEIU Atascadero Chapter City of Atascadero Date: ____________________________ Date: ____________________________ By: ____________________________ SEIU By: ____________________________ Rachelle Rickard, City Manager Date: ____________________________ Date: ____________________________ By: ____________________________ SEIU By: ____________________________ Heather Moreno, Mayor Date: ____________________________ By: ____________________________ SEIU Date: ____________________________ By: ____________________________ SEIU Page 38 of 277 ITEM NUMBER: A-3 DATE: ATTACHMENT: 06/13/23 5 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ESTABLISHING THE COMPENSATION AND BENEFIT PLAN FOR NON-REPRESENTED PROFESSIONAL AND MANAGEMENT WORKERS AND CONFIDENTIAL EMPLOYEES, EFFECTIVE JULY 1, 2023 – JUNE 30, 2024 WHEREAS, the Government Code of the State of California prescribes a procedure for discussing and resolving matters regarding wages, hours and other terms and conditions of employment; and WHEREAS, the City Personnel System Rules provided for a Compensation Plan; and WHEREAS, the City desires to set forth salaries and benefits for Non-Represented Professional and Management workers and Confidential employees; and WHEREAS, the City Council adopted Resolution 2021-067 on September 28, 2021, establishing the compensation and benefit plan for Non-Represented Professional and Management workers and Confidential employees. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero that all prior Resolutions for Non-Represented employees are repealed; and the Professional and Management Workers and Confidential Employees Compensation and Benefit Plan is hereby established as follows: Positions The following positions are included in this Resolution. The City Manager and Department Heads have individual employment agreements defining other terms and conditions of employment not described herein. Executive Management Positions Administrative Services Director Deputy City Manager City Manager Community Development Director Fire Chief Police Chief Public Works Director Page 39 of 277 City of Atascadero Resolution No. 2023- Page 2 of 15 Management Positions Battalion Chief Deputy Administrative Services Director Deputy Community Development Director Deputy Community Development Director/Building Official/Economic Development Director Deputy Public Works Director Human Resources Manager Police Commander Public Works Analyst Zoo Director Confidential (Includes only designated positions within the classifications) Accounting Specialist Administrative Assistant Finance Technician Salaries This one (1) year agreement shall provide salary increases according to the following formula and schedule: Effective July 1, 2023, all employees covered under this MOU shall receive a 6.53.5% (three six point five percent) COLA salary increase. The following monthly salaries are effective July 1, 2023: CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E Accounting Specialist- Confidential 26 5,515.80 5,791.59 6,081.17 6,385.23 6,704.49 Administrative Assistant- Confidential 22 5,002.99 5,253.14 5,515.80 5,791.59 6,081.17 Administrative Services Director M57 11,937.38 12,534.25 13,160.96 13,819.01 14,509.96 Battalion Chief M50 10,066.43 10,569.75 11,098.24 11,653.15 12,235.81 City Manager M69 15,997.23 16,797.09 17,636.94 18,518.79 19,444.73 Community Development Director M57 11,937.38 12,534.25 13,160.96 13,819.01 14,509.96 Deputy Administrative Services Director M46 9,130.55 9,587.08 10,066.43 10,569.75 11,098.24 Deputy City Manager M48 9,587.08 10,066.43 10,569.75 11,098.24 11,653.15 Deputy Community Development Director M46 9,130.55 9,587.08 10,066.43 10,569.75 11,098.24 Deputy Community Development Director / Building Official / Economic Development Director M51 10,311.95 10,827.55 11,368.93 11,937.38 12,534.25 Deputy Public Works Director M46 9,130.55 9,587.08 10,066.43 10,569.75 11,098.24 Finance Technician- Confidential 22 5,002.99 5,253.14 5,515.80 5,791.59 6,081.17 Fire Chief M60 12,847.60 13,489.98 14,164.48 14,872.70 15,616.34 Information Technology Manager M43 8,483.67 8,907.85 9,353.24 9,820.90 10,311.95 Personnel Specialist- Confidential 28 5,791.59 6,081.17 6,385.23 6,704.49 7,039.71 Police Chief M60 12,847.60 13,489.98 14,164.48 14,872.70 15,616.34 Police Commander M50 10,066.43 10,569.75 11,098.24 11,653.15 12,235.81 Public Works Analyst M39 7,694.94 8,079.69 8,483.67 8,907.85 9,353.24 Public Works Director M57 11,937.38 12,534.25 13,160.96 13,819.01 14,509.96 Zoo Director M39 7,694.94 8,079.69 8,483.67 8,907.85 9,353.24 MONTHLY SALARY Effective July 1, 2023 Page 40 of 277 City of Atascadero Resolution No. 2023- Page 3 of 15 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Accounting Specialist- Confidential 5,675.66 5,959.44 6,257.41 6,570.28 6,898.79 Administrative Assistant- Confidential 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41 Administrative Services Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38 Battalion Chief 10,358.19 10,876.10 11,419.91 11,990.91 12,590.46 City Manager 18,030.35 18,931.87 19,878.46 20,872.38 21,916.00 Community Development Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38 Deputy Administrative Services Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91 Deputy City Manager 9,864.94 10,358.19 10,876.10 11,419.91 11,990.91 Deputy Community Development Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91 Deputy Community Development Director / Building Official / Economic Development Director 10,617.14 11,148.00 11,705.40 12,290.67 12,905.20 Deputy Public Works Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91 Finance Technician- Confidential 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41 Fire Chief 13,219.98 13,880.98 14,575.03 15,303.78 16,068.97 Human Resources Manager 7,010.83 7,361.37 7,729.44 8,115.91 8,521.71 Police Chief 13,219.98 13,880.98 14,575.03 15,303.78 16,068.97 Police Commander 10,358.19 10,876.10 11,419.91 11,990.91 12,590.46 Public Works Analyst 7,922.68 8,318.81 8,734.75 9,171.49 9,630.06 Public Works Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38 Zoo Director 7,922.68 8,318.81 8,734.75 9,171.49 9,630.06 MONTHLY SALARY Effective July 1, 2023 Work Period The normal work period for non-exempt employees shall be seven (7) days with a maximum non- overtime of forty (40) hours. Overtime Rate Overtime for non-exempt employees, shall be compensated at the rate of time and one-half the regular rate of pay. All overtime shall be recorded and paid in the following manner: 1 to 15 minutes, overtime compensation – ¼ hour 16 to 30 minutes, overtime compensation – ½ hour 31 to 45 minutes, overtime compensation – ¾ hour 46 to 60 minutes, overtime compensation – 1 hour Overtime Hours Paid Overtime for non-exempt employees shall be paid after forty (40) hours worked in a work period. Paid time off shall be considered time worked for overtime purposes. Page 41 of 277 City of Atascadero Resolution No. 2023- Page 4 of 15 Schools/Training/Conferences Hours traveling, studying, or evening classes, etc., when a non-exempt employee is attending an out-of-town school shall be paid in accordance with all FLSA provisions. Compensatory Time (CT) Notwithstanding the provisions of this section, non-exempt employees may be granted CT for overtime credit computed at time and one-half at the mutual convenience of the City and the employee. Non-exempt employees may accumulate a maximum of one hundred and twenty (120) hours in their CT account. Scheduling Compensatory Time Requests to use CT shall be granted with due regard for operational necessity such as staffing levels. Deferred Compensation The City will match an eligible employee’s contribution to a deferred compensation program. The match will be up to a maximum of $1,000 annually for executive management employees and $500 annually for management employees. All deferred compensation contributions are fully vested in the employee and shall not be available to the City. Longevity Exclusively as Section 457 Contribution a. For those active employees that have attained 10 years of continuous full time employment, the City, consistent with sections (b) through (f) below, shall deposit funds into a separate deferred compensation plan Section 457 account for each employee in the following amounts: i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time employment with the City ii. After July 1, 2022: $100 per year for each whole year of continuous full-time employment with the City b. Only employees who have received an overall rating of “satisfactory” or better on their last evaluation on file will be eligible for the longevity 457 contribution. c. Whole years of full time employment shall be determined on September 1st of each year for each active employee. d. Fractions of a year will be rounded down to the nearest whole year. e. For Fiscal Year 2021-2022, deposit into the deferred compensation account shall be made in one lump sum no later than 60 days after execution of this MOU. Thereafter, deposit into the deferred compensation account shall be made in one lump sum annually no later than the second pay period in September. f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred contribution for longevity into the separate deferred compensation plan, will not be considered special compensation, will not be reported to CalPERS as compensation and will not be considered as compensation when calculating an employee’s retirement benefits. In the event that CalPERS at some time in the future determines that the longevity Section 457 Page 42 of 277 City of Atascadero Resolution No. 2023- Page 5 of 15 Contribution meets the definition of “Special Compensation”, both parties agree to reopen negotiations related to the financial impacts and implementation of this issue. Health Benefits 1. Effective January 1, 20231, for unit members who elect to have “Family” coverage, the City shall pay an amount not to exceed $2,035.57$2,156.19 per month for employees electing Family coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependents. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for dependents based upon HMO plan costs. 2. Effective January 1, 20231, for unit members who elect to have ‘Employee +1” coverage, the City shall pay an amount not to exceed $1,513.88$1,607.23 per month for employees electing Employee +1 coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependent. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for the dependent based upon HMO plan costs. 3. Effective January 1, 20231, for unit members who elect to have “Employee Only” coverage, the City shall pay amount not to exceed $1,076.83$1,216.16 per month for employees electing Employee Only coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee based upon the HMO plan costs. For unit members who elect to have “Employee Only” coverage, available funds remaining from the City’s contribution toward insurance coverage shall be paid to an employee hired on or before September 1, 2000 as additional compensation. This amount shall not exceed $240.56 per month. 4. The City of Atascadero has established a Post Retirement Health Benefit for Executive Management and Council. The City agrees to reimburse the retiree for retiree and/or retiree’s dependent health (medical/dental/vision) insurance premiums, disability insurance, long-term health care or life insurance premiums in a method determined by the Administrative Services Director following retirement. The program parameters are: ❑ The benefit is available upon retirement from PERS or other similar retirement program after age 50; and ❑ The employee must have served for a minimum of 8 years with the City of Atascadero. (Council serving consecutive full terms totaling 8 consecutive years shall be eligible regardless of swear in dates) ; and ❑ For employees hired after July 1, 2016 the employee must begin drawing retirement within 6 months of separating from the City of Atascadero; and ❑ The benefit extends between the date of retirement and age 65; and ❑ The current benefit is $200.00 monthly. Page 43 of 277 City of Atascadero Resolution No. 2023- Page 6 of 15 Life Insurance The City shall provide a term life insurance policy on each employee (Executive Management, Management, Confidential and Council) in the amount of Fifty-Thousand Dollars ($50,000). The City shall provide a term life insurance policy for each eligible dependent of Executive Management, Management and Confidential employees enrolled in health coverage in the amount of One Thousand Dollars ($1,000) per dependent. Long-Term Disability Insurance The City shall provide a City-paid program to provide Long-Term Disability Insurance for Executive Management and Management employees. State Disability Insurance The City provides State Disability Insurance as a payroll deduction for each employee in the Confidential classification only. State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. Leave Administrative Leave Executive Management Employees, and Management Employees will receive Administrative Leave, which will vest as of July 1 annually. Except as provided below, Administrative Leave will not be carried over or accrue from one fiscal year to the next. If an employee is unable to use his/her Administrative Leave prior to the end of the fiscal year for work related reasons beyond his/her control, said leave will be carried over into the next fiscal year for a period not to exceed three (3) months. Said time will be available to the employee for use during that period, but will not be accrued for the purpose of payoff in the event of termination. In the event an employee covered by this Agreement is employed after January 1 of the fiscal year, the employee shall be eligible for one half of their annual allotment of Administrative Leave. Employees shall receive Administrative Leave at the following annual rates: • Executive Management shall receive 80 hours. • Management Employees shall receive 48 hours. Vacation Leave a. Employees shall receive vacation leave consistent with the Personnel System Rules. b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of Atascadero Personnel System Rules, employees shall receive: • An additional two days of vacation annually upon completing 15 years of service for a total accrual of 22 days per year or 6.77 hours per pay period; and • Two more days of vacation annually upon completing 20 years of service for a total Page 44 of 277 City of Atascadero Resolution No. 2023- Page 7 of 15 accrual of 24 days per year or 7.385 per pay period. Holidays The City shall recognize the following days as official City holidays: Holiday Day Observed New Year's Day January 1 Martin Luther King, Jr. Birthday 3rd Monday in January Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day After Thanksgiving Friday after Thanksgiving Christmas Eve Day December 24 Christmas Day December 25 "Floating" Holiday Off As Scheduled; Accrues January 1 Each unit member employed by the City as of January 1st of each year shall be eligible for one floating holiday (8 hours). Floating holidays must have prior department approval and shall be consistent with the efficient operation of the department. The floating holiday may be used between January 1 and December 31 of each year. Sick Leave 1. Sick leave accumulates at a rate of 3.69 hours per pay period. There is no limit to the accumulation. 2. Stay Well Bonus. Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows: a. The sick leave pay-off will occur during the twelve- (12) month period beginning the first day after the second pay period in October and ending on the last day of the second pay period in October of the following year after an employee has accumulated and maintained 384 hours of sick leave. b. Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is 95.94 hours). c. Checks will be prepared by December 15 of each year. Page 45 of 277 City of Atascadero Resolution No. 2023- Page 8 of 15 3. Sick Leave Payback. When an executive management employee, a management employee or confidential employee terminates employment in good standing, after five (5) years of continuous service with the City of Atascadero in an executive management, management, or confidential position, as defined in this Resolution, he/she shall be paid one-half of his/her accumulated Sick Leave. 4. In any calendar year, up to two days (16 hours) of sick leave may be used for personal reasons without explanation. These days are not intended as vacation days and may not be used to extend vacations or holidays. Bereavement Leave Employees shall be granted bereavement leave pursuant to the City of Atascadero Personnel System Rules. The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement purposes. Bereavement purposes include (1) the death of a member of the employee’s immediate family, and (2) the critical illness of a member of the employee’s immediate family where death appears to be imminent. The amount of bereavement leave provided under this section is twenty four (24) hours per family member. The employee may be required to submit proof of a relative's death or critical illness before final approval of leave is granted. For purposes of this section, “immediate family” means: spouse or domestic partner, parent (including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent, grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle, son-in-law, daughter-in- law, mother-in-law, father-in-law, brother-in-law, sister-in-law or significant other. Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any remaining time shall be from other paid time off available to the employee. When an employee has exhausted the bereavement leave provided in this section, the employee may submit a request to his/her Department Head and request additional time off work. If approved, the employee must use their other accrued paid leave. The employee may elect which accrued paid leave he/she shall use during the additional leave. However, the employee may not use more than forty (40) hours of accrued sick leave for bereavement purposes. If the additional leave approved by the Department Head is longer than forty (40) hours, the employee is required to use accrued paid leave other than sick leave. Retirement CalPERS Non-Sworn Miscellaneous Members (as defined by CalPERS) a. Non-Sworn Miscellaneous Member employees (as defined by CalPERS) are provided retirement benefits through the California Public Employees Retirement System (CalPERS). Page 46 of 277 City of Atascadero Resolution No. 2023- Page 9 of 15 TIER 1 Non-sworn Miscellaneous Member employees hired on or before July 14, 2012 are provided benefits pursuant to the 2.5% @ 55 Benefit Formula (Government Code Section 21354.4), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 3.3% (three point three percent) of the Non-sworn Miscellaneous Member employee contribution of 8% (eight percent). Non-sworn Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent) of the employee contribution. TIER 2 Non-sworn Miscellaneous Member employees hired between July 14, 2012 and December 31, 2012, and Non-sworn Miscellaneous Member employees hired on or after January 1, 2013 who meet the definition of a Classic Member under CalPERS, are provided benefits pursuant to the 2% @ 55 Benefit Formula (G.C. Section 21354), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 2.3% (two point three percent) of the Non-sworn Miscellaneous Member employee contribution of 7% (seven percent). Non-sworn Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent) of the employee contribution. TIER 3 Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), Non-sworn Miscellaneous Member employees hired on or after January 1, 2013 who meet the definition of a CalPERS new member under PEPRA are provided benefits pursuant to 2% @ 62 Benefit Formula (G.C. Section 7522.20) with Final Compensation 3 Year (G.C. Section 20037). The Non-sworn Miscellaneous Member employee will pay a member contribution rate of 50% (fifty percent) of the expected normal cost rate. b. The City shall provide CalPERS the Post Retirement Survivor benefit for Miscellaneous Members. c. Employee contributions shall be contributed to CalPERS on a pre-tax basis. CalPERS Sworn Safety Members (as defined by CalPERS) a. Sworn Safety Member employees (as defined by CalPERS) are provided retirement benefits through the California Public Employees Retirement System (CalPERS). TIER 1 Sworn Safety Member employees hired on or before July 14, 2012 are provided benefits pursuant to the 3% @ 50 Benefit Formula (Government Code Section 21362.2), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution of 9% (nine percent). Sworn Safety Member employees will pay the employee contribution of 9% (nine percent). TIER 2 Sworn Safety Member employees hired between July 14, 2012 and December 31, 2012, and Sworn Safety Member employees hired on or after January 1, 2013 who meet the definition of a Classic Member under CalPERS, are provided benefits pursuant to the 3% Page 47 of 277 City of Atascadero Resolution No. 2023- Page 10 of 15 @ 55 Benefit Formula (G.C. Section 21363.1), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution of 9% (nine percent). Sworn Safety Member employees will pay the employee contribution of 9% (nine percent). TIER 3 Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), Sworn Safety Member employees including hired on or after January 1, 2013 who meet the definition of a CalPERS new member under PEPRA are provided benefits pursuant to the 2.7% @ 57 Benefit Formula (G.C. Section 7522.25(d)) with Final Compensation 3 Year (G.C. Section 20037). The Sworn Safety Member employee will pay a member contribution rate of 50% (fifty percent) of the expected normal cost rate. b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes Level Four (4) of the 1959 Survivor’s Benefit. The employees shall pay the monthly cost of the benefit. c. Employee contributions shall be contributed to CalPERS on a pre-tax basis. Education Incentive Pay Employees shall be reimbursed up to $1,600.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. Uniform/Safety Equipment Allowance a. The City shall provide an annual uniform allowance of eight hundred dollars ($800) for Police Chief and Commanders, and eight hundred fifty dollars ($850) for the Fire Chief and Battalion Chiefs. Upon initial hire the employee will receive $800/$850. In the second year the amount will be prorated based upon the actual number of months employed in the prior year. When an employee separates from the City the Uniform Allowance will be prorated based upon the number of months worked in the then current fiscal year. b. The City will make a lump sum payment of the uniform allowance no later than the second payday in July. c. Uniforms damaged on duty shall be replaced as prorated by the Chiefs. Employees are required to seek reimbursement through the courts with all practical diligence. d. The City shall make available a bulletproof vest. Employees requesting a vest shall certify that they will wear the vest at all times, except in extreme climatic conditions. Vests shall be replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of Police. e. Rain boots - The City shall comply with the requirements of CAL/OSHA as it relates to providing rain gear including rain boots. Page 48 of 277 City of Atascadero Resolution No. 2023- Page 11 of 15 Commitment to Fair and Reasonable Changes to the CalPERS System The interests of the City and the employees whose positions are covered under this resolution are generally aligned: both seek fair and reasonable changes to the CalPERS system to ensure long-term sustainability of the system. Needed State-level changes acceptable to both executive management and City labor groups are most likely to be initiated by CalPERS member agencies and labor, working collaboratively. City and the employees covered under this resolution hereby jointly commit to: • Request state-level membership organizations (e.g., the League of California Cities, state-wide labor affiliates) to alert and engage members, to make this issue a priority, and encourage committing to a set of collaborative solutions; • Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this issue a priority and to lend their voice to our request to state-level membership organizations; • Jointly analyze options with an open mind as to potential solutions; and • Other potential collaborative efforts as they arise. PASSED AND ADOPTED at a regular meeting of the City Council held on the ____th day of June, 2023. On motion by _____________ and seconded by _____________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO ____________________________________ Heather Moreno, Mayor ATTEST: ____________________________________ Lara K. Christensen, City Clerk Page 49 of 277 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Account Clerk II 4,131.96 4,338.56 4,555.49 4,783.26 5,022.42 Accounting Specialist- Confidential 5,675.66 5,959.44 6,257.41 6,570.28 6,898.79 Administrative Assistant 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 Administrative Assistant- Confidential 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41 Administrative Services Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38 Assistant Planner 5,675.66 5,959.44 6,257.41 6,570.28 6,898.79 Associate Civil Engineer - Registered Engineer 8,180.99 8,590.04 9,019.54 9,470.52 9,944.05 Associate Civil Engineer/Storm Water Manager 7,420.40 7,791.42 8,180.99 8,590.04 9,019.54 Associate Planner 6,410.02 6,730.52 7,067.05 7,420.40 7,791.42 Battalion Chief 10,358.19 10,876.10 11,419.91 11,990.91 12,590.46 Building Inspector I 5,537.22 5,814.08 6,104.78 6,410.02 6,730.52 Building Permit Technician 4,447.03 4,669.38 4,902.85 5,147.99 5,405.39 City Manager 18,030.35 18,931.87 19,878.46 20,872.38 21,916.00 Code Enforcement Officer 5,537.22 5,814.08 6,104.78 6,410.02 6,730.52 Community Development Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38 Community Services Officer 4,521.64 4,747.72 4,985.11 5,234.37 5,496.09 Deputy Administrative Services Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91 Deputy City Manager 9,864.94 10,358.19 10,876.10 11,419.91 11,990.91 Deputy Community Development Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91 Deputy Community Development Director / Building Official / Economic Development Director 10,617.14 11,148.00 11,705.40 12,290.67 12,905.20 Deputy Public Works Director 9,395.18 9,864.94 10,358.19 10,876.10 11,419.91 Finance Technician 5,022.42 5,273.54 5,537.22 5,814.08 6,104.78 Finance Technician- Confidential 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41 Fire Captain 8,174.21 8,582.92 9,012.07 9,462.67 9,935.80 Fire Captain Specialist I 8,255.95 8,668.75 9,102.19 9,557.30 10,035.17 Fire Captain Specialist II 8,337.69 8,754.57 9,192.30 9,651.92 10,134.52 Fire Captain/Paramedic 8,991.63 9,441.21 9,913.27 10,408.93 10,929.38 Fire Captain/Paramedic/Specialist I 9,073.37 9,527.04 10,003.39 10,503.56 11,028.74 Fire Captain/Paramedic/Specialist II 9,155.12 9,612.88 10,093.52 10,598.20 11,128.11 Fire Chief 13,219.98 13,880.98 14,575.03 15,303.78 16,068.97 Fire Engineer 6,893.06 7,237.71 7,599.60 7,979.58 8,378.56 Fire Engineer Specialist I 6,961.99 7,310.09 7,675.59 8,059.37 8,462.34 Fire Engineer Specialist II 7,030.92 7,382.47 7,751.59 8,139.17 8,546.13 Fire Engineer/OIC 7,030.92 7,382.47 7,751.59 8,139.17 8,546.13 Fire Engineer/OIC/Specialist I 7,099.85 7,454.84 7,827.58 8,218.96 8,629.91 Fire Engineer/OIC/Specialist II 7,168.78 7,527.22 7,903.58 8,298.76 8,713.70 Fire Engineer/Paramedic 7,582.37 7,961.49 8,359.56 8,777.54 9,216.42 Fire Engineer/Paramedic/Specialist I 7,651.30 8,033.87 8,435.56 8,857.34 9,300.21 Fire Engineer/Paramedic/OIC 7,720.23 8,106.24 8,511.55 8,937.13 9,383.99 Fire Engineer/Paramedic/Specialist II 7,720.23 8,106.24 8,511.55 8,937.13 9,383.99 Fire Engineer/Paramedic/OIC/Specialist I 7,789.16 8,178.62 8,587.55 9,016.93 9,467.78 Fire Engineer/Paramedic/OIC/Specialist II 7,858.09 8,250.99 8,663.54 9,096.72 9,551.56 Firefighter 6,404.70 6,724.94 7,061.19 7,414.25 7,784.96 Firefighter Specialist I 6,468.75 6,792.19 7,131.80 7,488.39 7,862.81 Firefighter Specialist II 6,532.79 6,859.43 7,202.40 7,562.52 7,940.65 Effective July 1, 2023 MONTHLY SALARY Approved June 13, 2023 ITEM NUMBER: A-3 DATE: 06/13/23 ATTACHMENT: 6 Page 50 of 277 Firefighter/FEO 6,532.79 6,859.43 7,202.40 7,562.52 7,940.65 Firefighter/FEO/Specialist I 6,596.84 6,926.68 7,273.01 7,636.66 8,018.49 Firefighter/FEO/Specialist II 6,660.89 6,993.93 7,343.63 7,710.81 8,096.35 Firefighter/Paramedic 7,045.17 7,397.43 7,767.30 8,155.67 8,563.45 Firefighter/Paramedic/Specialist I 7,109.22 7,464.68 7,837.91 8,229.81 8,641.30 Firefighter/Paramedic/FEO 7,173.26 7,531.92 7,908.52 8,303.95 8,719.15 Firefighter/Paramedic/Specialist II 7,173.26 7,531.92 7,908.52 8,303.95 8,719.15 Firefighter/Paramedic/FEO/Specialist I 7,237.31 7,599.18 7,979.14 8,378.10 8,797.01 Firefighter/Paramedic/FEO/Specialist II 7,301.36 7,666.43 8,049.75 8,452.24 8,874.85 Human Resources Manager 7,010.83 7,361.37 7,729.44 8,115.91 8,521.71 Inspector 5,147.99 5,405.39 5,675.66 5,959.44 6,257.41 Lead Maintenance Worker 4,783.26 5,022.42 5,273.54 5,537.22 5,814.08 Lead Zookeeper 4,669.38 4,902.85 5,147.99 5,405.39 5,675.66 Maintenance Worker I 3,747.81 3,935.20 4,131.96 4,338.56 4,555.49 Maintenance Worker II 4,338.56 4,555.49 4,783.26 5,022.42 5,273.54 Network Analyst 6,257.41 6,570.28 6,898.79 7,243.73 7,605.92 Office Assistant II 3,841.51 4,033.59 4,235.27 4,447.03 4,669.38 Office Assistant III 4,131.96 4,338.56 4,555.49 4,783.26 5,022.42 Police Chief 13,219.98 13,880.98 14,575.03 15,303.78 16,068.97 Police Commander 10,358.19 10,876.10 11,419.91 11,990.91 12,590.46 Police Corporal 7,770.35 8,158.86 8,566.80 8,995.14 9,444.90 Police Corporal - Intermediate POST 7,964.61 8,362.84 8,780.98 9,220.03 9,681.03 Police Corporal- Advanced POST 8,158.86 8,566.80 8,995.14 9,444.90 9,917.15 Police Lead Records Technician 5,633.48 5,915.15 6,210.91 6,521.46 6,847.53 Police Level 3 Reserve Officer 7,047.93 7,400.33 n/a n/a n/a Police Officer 7,047.93 7,400.33 7,770.35 8,158.87 8,566.81 Police Officer - Intermediate POST 7,224.13 7,585.34 7,964.61 8,362.84 8,780.98 Police Officer - Advanced POST 7,400.33 7,770.35 8,158.87 8,566.81 8,995.15 Police Officer Recruit 5,496.09 n/a n/a n/a n/a Police Sergeant 9,029.20 9,480.66 9,954.69 10,452.42 10,975.04 Police Sergeant - Advanced POST 9,254.93 9,717.68 10,203.56 10,713.74 11,249.43 Police Sergeant - Supervisory POST 9,480.66 9,954.69 10,452.42 10,975.04 11,523.79 Public Safety Dispatcher 5,496.09 5,770.89 6,059.43 6,362.40 6,680.52 Public Safety Dispatcher - EMD 5,546.09 5,823.39 6,114.56 6,420.29 6,741.30 Public Safety Dispatcher w/Longevity 5,770.89 6,059.43 6,362.40 6,680.52 7,014.55 Public Safety Dispatcher - EMD with Longevity 5,820.89 6,111.93 6,417.53 6,738.41 7,075.33 Public Safety Lead Dispatcher 6,059.43 6,362.40 6,680.52 7,014.55 7,365.28 Public Safety Lead Dispatcher - EMD 6,109.43 6,414.90 6,735.65 7,072.44 7,426.06 Public Safety Lead Dispatcher w/ Longevity 6,362.40 6,680.52 7,014.55 7,365.28 7,733.54 Public Safety Lead Dispatcher - EMD with Longevity 6,412.40 6,733.02 7,069.68 7,423.17 7,794.32 Public Works Analyst 7,922.68 8,318.81 8,734.75 9,171.49 9,630.06 Public Works Director 12,290.67 12,905.20 13,550.46 14,227.98 14,939.38 Public Works Inspector 5,814.08 6,104.78 6,410.02 6,730.52 7,067.05 Public Works Operations Manager 7,605.91 7,986.21 8,385.52 8,804.80 9,245.04 Recreation Coordinator 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 Recreation Supervisor 5,959.43 6,257.40 6,570.27 6,898.78 7,243.72 Senior Building Inspector 7,067.05 7,420.40 7,791.42 8,180.99 8,590.04 Senior Planner 7,420.40 7,791.42 8,180.99 8,590.04 9,019.54 Senior Property Evidence Specialist 7,365.28 7,733.54 8,120.22 8,526.23 8,952.54 Senior Property Evidence Specialist- EMD 7,415.28 7,786.04 8,175.35 8,584.12 9,013.32 Senior Property Evidence Specialist w/Longevity 7,733.54 8,120.22 8,526.23 8,952.54 9,400.17 ITEM NUMBER: A-3 DATE: 06/13/23 ATTACHMENT: 6 Page 51 of 277 Senior Property Evidence Specialist - EMD with Longevity 7,783.54 8,172.72 8,581.36 9,010.43 9,460.95 Systems Administrator III 7,067.05 7,420.40 7,791.42 8,180.99 8,590.04 Technical Support Specialist II 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 Website and Social Media Technician 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 WWTP Operator in Training 3,935.20 4,131.96 4,338.56 4,555.49 4,783.26 WWTP Operator I 4,669.38 4,902.85 5,147.99 5,405.39 5,675.66 WWTP Operator II 5,405.39 5,675.66 5,959.44 6,257.41 6,570.28 Zoo Director 7,922.68 8,318.81 8,734.75 9,171.49 9,630.06 Zoo Education Curator 3,747.81 3,935.20 4,131.96 4,338.56 4,555.49 Zoo Supervisor 4,902.85 5,147.99 5,405.39 5,675.66 5,959.44 Zookeeper I 3,747.81 3,935.20 4,131.96 4,338.56 4,555.49 ITEM NUMBER: A-3 DATE: 06/13/23 ATTACHMENT: 6 Page 52 of 277 ITEM NUMBER: A-4 DATE: 06/13/23 Atascadero City Council Staff Report – Public Works Atascadero Transit Innovative Clean Transit Zero Emissions Bus Rollout Plan RECOMMENDATION: Council adopt Draft Resolution, approving the Innovative Clean Transit (ICT) Zero Emissions Bus Rollout Plan for Atascadero Transit. DISCUSSION: Background The California Air Resources Board (CARB) has set a target to sell only zero-emission new cars, SUVs and pickup trucks by 2035. The Innovative Clean Transit (ICT) regulation requires all California public transit agencies with any fleet stock with gross vehicle weights over 14,000 pounds to gradually transition their bus fleets to zero-emission technologies by 2040. Beginning in 2026, 25% percent of Atascadero’s new bus purchases must be zero-emission buses (ZEBs). The ZEB purchase requirement gradually increases over time and by 2029, 100% of all new bus purchases must be ZEBs, with a goal of complete transition to ZEBs (all buses in the Dial A Ride fleet to be ZEBs) by 2040. The ICT Rollout Plan will allow Atascadero Transit to achieve full compliance with recent CARB and ICT legislation. Analysis The Atascadero Transit ICT Rollout Plan is a guidance document outlining measures the City will take to achieve a full transition to zero-emission bus technologies by 2040. It includes the components required by ICT for the transition to ZEBs, including a vehicle purchase schedule, infrastructure evaluations, potential funding sources and workforce development. Atascadero Transit has provided estimated timelines in the Rollout Plan based on currently available information for bus or van purchases, electric charging, and workforce training. The City has traditionally purchased and operated gas-powered, 19-passenger, “cut- away” buses for Dial A Ride services. Staff is recommending purchasing 9-passenger vans for future bus replacements since there is rarely more than a few passengers on a bus at any given time. Transitioning from buses to vans has many advantages including lower replacement costs (approx. $50,000 per vehicle), lower operating costs (fuel, maintenance, etc.), and are easier to drive and maneuver. Since the 9-passenger vans Page 53 of 277 ITEM NUMBER: A-4 DATE: 06/13/23 weigh less than 14,000 pounds, the ICT regulations will no longer apply once the bus fleet stock is fully replaced. Staff recommends purchasing an electric, zero-emissions van for the next bus replacement and evaluating its performance prior to the next replacement. The ICT states that the Rollout Plan is designed to be a living document to guide agencies in the deployment of zero-emission bus fleets. The ICT is aware that agencies will be working through many potential challenges related to evolving zero-emissions technology, infrastructure demands, and the increased cost of replacing buses. As technology, services and trends develop, the ICT allows for the Rollout Plan to be updated or revised in the future as needed. ALTERNATIVE: Council could take no action, but this may jeopardize future funding for Atascadero Transit. FISCAL IMPACT: Approving the Staff recommendations will not result in any immediate fiscal impacts, but not approving the ICT Zero Emissions Bus Rollout Plan will jeopardize future transit funding. ATTACHMENTS: 1. Draft Resolution 2. 2023 ICT Zero Emissions Bus Rollout Plan Page 54 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE ZERO-EMISSIONS BUS ROLLOUT PLAN WHEREAS, the State of California Air Resources Control Board (CARB) Innovative Clean Transit (ICT) regulation became effective October 1, 2019, and requires all public transit agencies to gradually transition their eligible vehicle fleets to zero-emission technologies. T CARB ICT Zero Emissions Bus (ZEB) purchase requirements for small transit agencies begins in 2025 with a goal of complete transition to full zero emissions by 2040; and WHEREAS, California Code of Regulations Title 13, Division 3, Chapter 1, Article 4.3, Part 2023.1(d) Zero Emissions Bus Rollout Plan Requirements requires that a transit agency Zero- Emission Bus Rollout Plan must be approved by its governing Board; and WHEREAS, Atascadero Dial A Ride’s Zero-Emission Bus Rollout Plan sets forth the City’s plan which meets the following requirements: • A goal of full transition to zero-emission buses by 2040 with careful planning that avoids early retirement of conventional internal combustion engine buses; • Identification of the types of zero-emission bus technologies Atascadero Dial A Ride is planning to deploy; • A schedule for zero-emission and conventional internal combustion engine bus purchases and lease options; • A schedule for construction of facilities and infrastructure modifications or upgrades, required to deploy and maintain zero-emission buses; • A training plan and schedule for zero-emission bus operators and maintenance and repair staff; and • Identification of potential funding sources. • FTA Zero-Emission Transition Plan. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. Dial A Ride’s Zero-Emission Bus Rollout Plan as set forth in Exhibit A, on file with City Clerk and incorporated herein by reference, is hereby approved. SECTION 3. Insofar as the provisions of any Ordinance, Resolution, document, or previous action of the Atascadero City Council, prior to the date of this Resolution, are inconsistent with the provisions of this Resolution or any policy adopted by this Resolution, this Resolution and the Policies adopted herein shall control. Page 55 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1 PASSED AND ADOPTED at a regular meeting of the City Council held on the ______ day of ____________, 2023. On motion by Council Member ___________ and seconded by Council Member ___________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO ______________________________ Heather Moreno, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk Page 56 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 1 CITY OF ATASCADERO California Air Resources Board Innovative Clean Transit (ICT) Rule Zero Emissions Bus Rollout Plan Atascadero Dial A Ride (805) 470-3456 City of Atascadero www.atascadero.org Page 57 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 2 6500 Palma Avenue Atascadero, CA 93422 Zero-Emission Bus Rollout Plan Atascadero Dial A Ride Introduction Background Scope Section A: Transit Agency Information Section B: Rollout Plan General Information Section C: Technology Portfolio Section D: Current Bus Fleet Composition and Future Bus Purchases Section E: Facilities and Infrastructure Modifications Section F: Providing Service in Disadvantaged Communities Section G: Workforce Training Section H: Potential Funding Sources Section I: Start-up and Scale-up Challenges Exhibit A: Resolution Exhibit B: Atascadero Dial – A – Ride Fares and Zone Map Page 58 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 3 (This page intentionally left blank) Page 59 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 4 Introduction In accordance with the California Air Resource Board’s Innovative Clean Transit (ICT) regulation, the following plan serves as Atascadero Dial A Ride’s Zero Emission Bus (ZEB) Rollout Plan to transition its bus fleet to 100% ZEB by 2040. Background The ICT regulation became effective October 1, 2019 and requires all public transit agencies to gradually transition their bus fleets to zero-emission technologies. The ICT regulation applies to all transit agencies that own, operate, or lease buses with a gross vehicle weight rating (GVWR) greater than 14,000 pounds. It covers standard, articulated, over-the-road, double decker, and cutaway buses. The ICT regulation requires a percentage of new bus purchases to be zero emission buses (ZEBs). The ZEB percentage increases gradually with time. Atascadero Dial A Ride is considered a small agency by the ICT regulation’s definition. Scope This Rollout Plan is a living document and a guide to the implementation of Atascadero Dial A Ride’s zero-emission bus fleets. This plan provides estimated timelines based on Atascadero Dial A Ride’s Fleet Replacement Plan that aims to transition its bus fleet to all battery electric. As outlined in the ICT guidance, the following sections are included as required: Section A: Transit Agency Information Section B: Rollout Plan General Information Section C: Technology Portfolio Section D: Current Bus Fleet Composition and Future Bus Purchases Section E: Facilities and Infrastructure Modifications Page 60 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 5 Section F: Providing Service in Disadvantaged Communities Section G: Workforce Training Section H: Potential Funding Sources Section I: Start-up and Scale-up Challenges Section A: Transit Agency Information 1. Transit agency’s name and address: Atascadero Dial A Ride 6500 Palma Avenue Atascadero, CA 93422 2. Name of transit agency’s air district(s): San Luis Obispo County APCD 3. Name of transit agency’s air basin(s): South Central Coast Basin-wide Air Pollution Control Council 4. Total number of buses in Annual Maximum Service: Two 5. Population of the urbanized area Atascadero Dial A Ride is serving as last published by the Census Bureau before December 31, 2017: 29,709 6. Contact information: Nick DeBar Director of Public Works Email: ndebar@atascadero.org 7. Atascadero Dial A Ride is not part of a Joint Group. Page 61 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 6 Page 62 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 7 Section B: Rollout Plan General Information Atascadero Dial A Ride’s Rollout Plan has a goal of full transition to zero-emissions technology by 2040 that avoids early retirement of conventional cutaway buses ((13 CCR§ 023.l(d)(l){A)) and is detailed in the Fleet Replacement Plan. The Rollout Plan and resolution has been prepared by the City staff and will go before the Atascadero City Council for approval on June 13, 2023. A copy of the Rollout Plan and resolution will be provided to CARB (13 CCR 2023.1(d)(2)) upon approval. A copy of the Atascadero City Council Resolution is attached as Exhibit A. For any additional information regarding the Rollout Plan, please contact: Nick DeBar Director of Public Works 6500 Palma Avenue Atascadero, CA 93422 (805) 470-3456 Email: ndebar@atascadero.org Page 63 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 8 Section C: Technology Portfolio Atascadero Dial A Ride plans to deploy zero-emission buses and/or vans through 2040. The two primary viable zero emission technologies for transit agencies include battery- electric buses (BEB) and hydrogen fuel cell electric buses (FCEB). Atascadero Dial A Ride will begin a pilot program with battery electric vans in an effort to evaluate their ability to provide reliable service with the challenge of mountainous terrain and passenger efficiency. Battery electric vans are more widely available at a lower cost of acquisition and require significantly less infrastructure demands than BEBs and FCEBs. If the 18- month pilot program is successful, the fleet will be updated with battery electric vans as the current fleet of existing cutaway buses reach the end of their useful life. Should the pilot program find the additional seating of the cutaway light-duty buses are necessary to meet ridership demands, Atascadero Dial A Ride will pursue replacement of the four existing gas cutaways with three battery electric light-duty cutaways starting in 2030 to meet the CARB requirements. The City will also be acquiring three express chargers to charge the buses overnight and during midday layovers. Page 64 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 9 Section D: Current Bus Fleet Composition and Future Bus Purchases 1. Table 1 below contains information on each individual bus in Atascadero Dial A Ride’s current bus fleet, with fuel type identified per ICT guidance. Table 1: Individual Bus Information of Current Bus Fleet (>14,000 pounds GVW) Number of Buses Vehicle ID Number Vehicle Make Engine Model Year Bus Model Year Fuel Type Bus Type Service Type 2 AT 29 & AT 30 Ford Starcraft E-450 2017 2018 Gas Cutaway Demand Response 1 AT 28 Ford Starcraft E-450 2017 2017 Gas Cutaway Demand Response 1 AT 27 Ford Starcraft E-450 2014 2015 Gas Cutaway Demand Response In the chart below, Atascadero Dial A Ride will purchase a ZEB vehicle in this category if the technology can meet our range requirements. If not, Atascadero Dial A Ride will purchase gasoline powered vehicles. Table 2: Future Bus Purchases Atascadero Dial A Ride is not considering converting any conventional buses to zero- emission. 2023/24 1 1 100%Van EV n/a n/a n/a n/a 2025/26 1 0 0%Van/Cutaway*EV/Gas n/a n/a n/a n/a 2027/28 1 1 100%Van EV n/a n/a n/a n/a 2028/29 1 1 100%Van EV n/a n/a n/a n/a Type(s) of Conv. Buses Fuel Type(s) of Conv. Buses Total Number of Buses to Purchase Percentage of Annual ZEB Purchases Number of Conv. Bus Purchases ZEB Bus Type(s) ZEB Fuel Type Percentage of Annual Conv. Bus Purchases Number of ZEB Purchases Timeline (Year) *2025/26 will purchase either one electric van or gas cutaway depending upon the results of the pilot electric van program. Page 65 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 10 The replacement schedule was designed so that no bus retires before completing its FTA-defined economically useful life. The replacement schedule for cutaways assume each vehicle meets or exceeds FTA design life standards of 4 years or 100k miles, whichever comes first. This is consistent with current operations at the Atascadero Dial A Ride, as no demand response vehicle was forecasted to be in operation longer than 6 years. In this plan, it was assumed that demand response vehicles will last 5 years on average. Replacements will be evaluated after the pilot program of an electric powered van is introduced to our fleet and road tested for available range. The vehicle replaced in year 2025/26 will be an electric van if the pilot program is successful, or a gas powered cutaway if the pilot electric van does not meet the demands of the demand response service. Atascadero Dial A Ride’s pilot program will begin in 2023/24 and we anticipate full fleet conversion to zero emission technology by 2033 depending on funding availability and other challenges. Page 66 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 11 Section E: Facilities and Infrastructure Modifications Atascadero Dial A Ride operation includes Administration and Dispatch located at Atascadero City Hall. Vehicle Parking and Charging is and will be located off site at the Bus Barn facility location. This location is secured and not available to the public for charging. This location and charging will have the ability to fully charge these vehicles over-night to provide for full service the next day. Table 4: Facilities Information and Construction Timeline (Required) Facility Name Address Main Function Types of Infrastructure Capacity Est. Construction Utility Company Dial A Ride Bus Barn 8005 Gabarda Atascadero CA Parking & Electric Vehicle Charging Four plug-in depot chargers will be installed Four vans/ buses at completion 2030 PG&E Page 67 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 12 Section F: Providing Service in Disadvantaged Communities There are no State-designated Disadvantaged Communities located in San Luis Obispo County as defined by the latest version of CalEnviroScreen. Section G: Workforce Training Atascadero Dial A Ride will use the training provided by the bus and charger manufacturers for the training of bus operators and maintenance staff on zero-emission bus technologies. Additionally, Atascadero is exploring options to partner with RTA for future driver training. Page 68 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 13 Section H: Potential Funding Sources Atascadero Dial A Ride’s efforts to comply with CARB’s ICT Ruling is subject to its ability to secure funding from one or more of the below mentioned sources. While we will attempt to apply for all the potential sources, it is difficult to predict how much, if any, we will be awarded in the near future and over the next two decades. It is also unclear what our chances are to receive the aforementioned funding as the entire states is in the process of transitioning to zero-emission bus fleets and California Transit Agencies are all competing for the same funds. Therefore, it becomes difficult to provide specific figures that predict our expenses and costs in the coming years. As always, Atascadero Dial A Ride will work with San Luis Obispo Regional Transit Authority (RTA) and San Luis Obispo Council of Government (SLOCOG) to pursue potential funding streams for this endeavor. It is important to note that further studies are required for infrastructure improvements, including inductive and conductive charging infrastructure and estimated costs. Below is a list of potential federal, state, and local funding sources. Federal Sources Section 5307 Urbanized Area Formula Program Section 5339(b) Buses and Bus Facilities Competitive Program Section 5339(c) Low or No Emission Vehicle Program (competitive) State & Local Sources Low Carbon Transit Operation Program (LCTOP) Caltrans State of Good Repair (SGR) State Transit Assistance (STA) Transportation Development Act (TDA)/Local Transportation Fund (LTF) Pacific Gas & Electric (PG&E) Air Pollution Control District Central Coast Community Energy or HVIP Programs Fares Page 69 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 14 Section I: Start-up and Scale-up Challenges As advance technologies related to ZEB continue to evolve, many variables related to ZEB are unknown. It is difficult to predict what different components may look like by 2040. With enormous charging infrastructure cost and the higher price of zero-emission buses, there is a lack of funding available to meet the capital demands to meet CARB’s ICT Regulation. Current funding levels only provide for small scale pilot deployments. Atascadero Dial A Ride has identified the following potential challenges: 1. Financial Constraints 2. Geographical Area and Battery Range 3. Changes in electrical charging infrastructure 4. Availability of electric cutaway buses 5. Uncertainty of available power from electricity provider (Pacific Gas & Electric) 6. Performance of depot charger not running as promised. Page 70 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 15 SECTION J: FTA Zero-Emission Transition Plan An FTA Zero-Emission Transition Plan must, at a minimum: 1. Demonstrate a long-term fleet management plan with a strategy for how the applicant intends to use the current request for resources and future acquisitions. (Refer to Section B: Rollout Plan General Information and Section I: Start-up and Scale-up Challenges) 2. Address the availability of current and future resources to meet costs for the transition and implementation. (Refer to ICT ZEB Rollout Plan Section H: Potential Funding Sources) 3. Consider policy and legislation impacting relevant technologies. The Innovative Clean Transit (ICT) regulation was adopted by the California Air Resources Board in December 2018. It requires all public transit agencies to gradually transition to a 100-percent zero-emission bus fleet, and encourages us to provide innovative first- and last-mile connectivity and improve mobility for transit riders. Under the ICT regulation, small transit agencies such as the RTA must submit its governing body approved ICT ZEB Rollout Plan along with its approval to the CARB Executive Officer by July 1, 2023. An ICT ZEB Rollout Plan describes how a transit agency is planning to achieve a full transition to zero-emission bus technologies by 2040. It includes essential elements for a smooth transition, including information on the types of zero-emission buses to be purchased, their purchase schedule, timing of their placement in Disadvantaged Communities, a schedule for related infrastructure build out, potential funding sources, and training plans. An ICT ZEB Rollout Plan also has an informative function. It allows a transit agency to plan ahead of time and to familiarize itself with available zero-emission bus technologies before starting with purchases. It allows transit agencies to learn about potential challenges and available solutions for a smooth transition. Information gathered from the Rollout Plans will also guide the State in developing incentive funding plans, inform utilities on potential electrical and infrastructure needs, and educate the general public Page 71 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 16 on environmental benefits of zero-emission bus technologies. 4. Include an evaluation of existing and future facilities and their relationship to the technology transition. (Refer to Section C: Technology Portfolio and Section E: Facility and Infrastructure Modifications) 5. Describe the partnership of the applicant with the utility or alternative fuel provider. In general terms, partnering with Pacific Gas and Electric, monthly electricity bills resulting from vehicle charging typically include fixed costs, energy costs, demand costs, and taxes and fees. 6. Examine the impact of the transition on the applicant's current workforce by identifying skill gaps, training needs, and retraining needs of the existing workers of the applicant to operate and maintain zero-emission vehicles and related infrastructure and avoid displacement of the existing workforce. (Refer to ICT ZEB Rollout Plan Section G: Workforce Development) Page 72 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 17 Exhibit A: Resolution Page 73 of 277 ITEM NUMBER: A-4 DATE: ATTACHMENT: 06/13/23 1A 18 Exhibit B : Atascadero Dial–A–Ride Fares & Zone Map Page 74 of 277 ITEM NUMBER: A-5 DATE: 06/13/23 Atascadero City Council Staff Report - Public Works Department Emergency Contract Award for Lake Fill Line RECOMMENDATION: Council: 1. Ratify, by review and determination, that there is a need to continue the Emergency Services Director’s authorization to contract with Souza Construction Inc. to complete emergency Lake Fill Line Clearing and Repairs, pursuant to City’s Purchasing Policy and Public Contract Code Section 22035 and 22050; and 2. Authorize the Director of Administrative Services to appropriate $75,000 in Parkland Facilities Fees Funds for the Emergency Lake Fill Line Repair Project. DISCUSSION: The Lake Fill Line was originally constructed in the 1950’s, with several repairs since that time. The City is licensed through the State Water Quality Control Board (License # 006228) to divert water from Atascadero Creek, at an inflow location near the Three Bridges Trailhead, to Atascadero Lake via an approximately 1.6 mile pipeline. The original pipeline was 14” reinforced concrete pipe, but some sections have been either replaced or lined over the past 70 years, and several access manholes have been added along the alignment. Following the January 2023 storms, City staff recognized that the Lake Fill Line was not functioning correctly and water was being released continuously from an access manhole near San Gabriel Road. Due to the need to protect essential infrastructure and the unknown scope of repair work, the Emergency Services Director made a finding that the emergency would not permit a delay resulting from a competitive solicitation for bids, and that hiring a contractor to expose and clean the Lake Fill Line was necessary to respond to the emergency. The Emergency Services Director directed City staff to urgently contact and request a proposal from a contractor with immediate availability and experience in this type of utility repair. Souza Construction was contacted due to their recent experience doing similar work throughout the County, and close working Page 75 of 277 ITEM NUMBER: A-5 DATE: 06/13/23 relationship with the only local subcontractor (Pacific Petroleum), with jetting equipment capable of clearing the lengths of pipe on this project. After completion of the original exploratory work, it was determined that urgent repairs are needed to the pipeline at the bend near where the alignment crosses below Highway 41 and heads toward the Lake. The current configuration of the piping and lack of existing bypass valves at this location allow for water to flow back out of the Lake and into the pipeline, ultimately surfacing near San Gabriel Road. Until these repairs are made to the pipeline, temporary plugging of the Lake Fill Line (with a 5-gallon bucket) is the only measure keeping the Lake from discharging uncontrolled into Atascadero Creek. Souza Construction has provided a cost to make the repairs identified by the City. City staff has reviewed these submitted costs and finds them to be fair for the work provided. These costs are higher than typical, since 14” pipelines are not common and components are significantly more expensive than for common sized pipe diameters. Following completion of this repair, additional assessment work and repairs to the pipeline will be necessary to identify other pipeline storm damages and remove debris. Staff will also be evaluating locations on the pipeline to allow access for future inspections and cleaning. All additional work to the pipeline will be in accordance with the City’s Purchasing Policy and the construction bid process. City staff is also documenting all activities and costs in accordance with FEMA and California OES requirements for reimbursement of eligible costs associated with the January 2023 storms. FISCAL IMPACT: Estimated costs associated with this proposal for Lake Fill Line Repairs totals $75,000. ATTACHMENTS: None Page 76 of 277 ITEM NUMBER: B-1 DATE: 06/13/23 Atascadero City Council Staff Report – Administrative Services Department Apple Valley Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A, approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto for fiscal year 2023/2024; and 2. Adopt Draft Resolution B, ordering the levy and collection of assessments for fiscal year 2023/2024 for Street and Storm Drain Maintenance District No. 01 (Apple Valley); and 3. Adopt Draft Resolution C, approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto in fiscal year 2023/2024; and 4. Adopt Draft Resolution D, ordering the levy and collection of assessments for fiscal year 2023/2024 for Landscaping and Lighting District No. 01 (Apple Valley). DISCUSSION: The City Council formed and began assessing Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in 2005. This district was formed to provide funding for future routine maintenance of the streets, storm drains and sidewalks in the Apple Valley subdivision. The City Council also formed and began assessing Landscaping and Lighting Maintenance District No. 01 (Apple Valley) in 2005. This district was formed to provide for funding and maintenance of street trees, open space, park area, medians, walkways, paths and other landscape and lighting improvements within the Apple Valley subdivision. NBS, an independent financial consultant, was hired to prepare the engineer’s report for the two districts. The engineer’s reports and the levies must be approved by Council annually. This is done in a two-step process. Last month, three resolutions for each district (a total of 6 resolutions in all) were passed to begin the process of continuing the levies. At that time, the Engineer’s Reports were preliminarily approved, proceedings Page 77 of 277 ITEM NUMBER: B-1 DATE: 06/13/23 were initiated for the levy, and the date of tonight’s public hearing was established. The resolutions that are before the Council tonight are for the final approval of the Engineer’s Reports and for the approval of the annual levies. The proposed assessments for fiscal year 2023/2024 are less than the Maximum Assessment Rate. In accordance with the formula voters of the district adopted in 2005, the Maximum Assessment Rate may be increased for inflation by the greater of the Consumer Price Index (CPI) or 3.0%. The Maximum Assessment Rate was increased 5.3% (CPI) this year for both districts. An Assessment Information Notice was mailed to all property owners on April 12, 2023. The notice provided City staff contact information for questions and comments, dates for the related Council meetings, information on how to participate in the meeting, and the proposed and current levies for both districts. Staff has reviewed the short- and long-term costs to maintain the districts and recommends the total cost of both districts of $1,450 remains flat when compared to the prior year. The Landscaping and Lighting District levy is about 46% of the allowable maximum annual assessment and the Street and Storm Drain District is about 61% of the allowable maximum annual assessment. District Amount Per EBU Assessment Fiscal Year 22-23 Amount Per EBU Proposed Assessment Fiscal Year 2023-24 Atascadero Street and Storm Drain Maintenance District No. 01 Apple Valley 550.00$ 550.00$ Atascadero Landscaping and Lighting Maintenance District No. 01 Apple Valley 900.00$ 900.00$ FISCAL IMPACT: Annual assessments for 2023/2024 will total $38,500 for road/drainage system maintenance and $63,000 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. Contributions of $11,000 for half the cost of the park will be made from the City’s General Fund, and an equal revenue source will be recognized from contributions made by the developer. Page 78 of 277 ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENTS: 1. Draft Resolution A 2. Draft Resolution B 3. Engineer’s Annual Levy Report - Street and Storm Drain Maintenance District No. 01 (Apple Valley) 4. Draft Resolution C 5. Draft Resolution D 6. Engineer’s Annual Levy Report – Landscaping and Lighting District No. 01 (Apple Valley) Page 79 of 277 ITEM NUMBER: B-1 DATE: ATTACHMENT: 06/13/23 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as “City Council”), pursuant to the provisions the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with the Act in connection with Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”) and the proposed levy and collection of assessments related thereto for fiscal year 2023/2024, said fiscal year starting July 1, 2023 and ending June 30, 2024; and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Street and Storm Drain Maintenance District No. 01 (Apple Valley), fiscal year 2023/2024” (hereafter referred to as “Engineer’s Report”) in accordance with the Act; and WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and the assessment for fiscal year 2023/2024. Page 80 of 277 ITEM NUMBER: B-1 DATE: ATTACHMENT: 06/13/23 1 SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 81 of 277 ITEM NUMBER: B-1 DATE: ATTACHMENT: 06/13/23 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023/2024 FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings to levy special benefit assessments against parcels of land within Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2023 and ending June 30, 2024; pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”) to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of-way improvements and storm drain facilities related thereto; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and WHEREAS, the City Council conducted in May 2005 a property owner protest ballot proceeding for the District assessments proposed to be levied and majority protest of the assessments described in the Engineer’s Report did not exist pursuant to the provisions of the California State Constitution Article XIIID. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection therewith; the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The District includes the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the Page 82 of 277 ITEM NUMBER: B-1 DATE: ATTACHMENT: 06/13/23 2 eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street right-of-way improvements and storm drain facilities within the District and the appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Street and Storm Drain Maintenance District No. 01 (Apple Valley), and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the establishment of the maximum assessment rate described in the Engineer’s Report and the levy of assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 7. The City Clerk or her designee is hereby authorized and directed to file the levy with the County Auditor, per Section 54718 of the Act, upon adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council held on the 13th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 83 of 277 nbsgov.com Prepared by: Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fiscal Year 2023/24 Engineer’s Report Street and Storm Drain Maintenance District No. 01 (Apple Valley) May 2023 ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 84 of 277 CITY OF ATASCADERO Street and Storm Drain Maintenance District No. 01 (Apple Valley) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Heather Moreno, Mayor Susan Funk, Mayor Pro Tem Charles Bourbeau, Council Member Mark Dariz, Council Member Heather Newsom, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Tim Seufert, Client Services Director Adina McCargo, Project Manager ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 85 of 277 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Executive Summary ........................................................................................................ 2 3. Plans and Specifications .................................................................................................. 4 3.1 Benefiting Properties within the District ................................................................ 4 3.2 Funding Authorized by the 1982 Act ....................................................................... 4 3.3 Description of Improvements and Services ............................................................ 4 4. Estimate of Costs ............................................................................................................ 9 5. Method of Assessment ................................................................................................. 10 5.1 General .................................................................................................................. 10 5.2 Benefit Analysis ..................................................................................................... 10 5.3 Assessment Methodology ..................................................................................... 11 5.4 Assessment Range Formula .................................................................................. 14 6. Assessment Diagram ..................................................................................................... 15 7. Assessment Roll ............................................................................................................ 16 ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 86 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 1 1. ENGINEER’S LETTER WHEREAS, on March 24, 2005 by Resolution No. 2005-042, the City Council of the City of Atascadero (the ”City”), State of California, in accordance with and pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), established the City of Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) (the “District”); and WHEREAS, on May 9, 2023, the City Council, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2023/24: FY 2023/24 Summary of Assessment Description Amount Estimated Annual Costs $36,980 Capital Reserve Collection/(Uses) 24,090 Levy Adjustments (22,570) Balance to Levy $38,500 Fiscal Year 2023/24 Maximum Rate $899.70 Fiscal Year 2023/24 Proposed Applied Rate $550.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1982 Act. City Engineer ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 87 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 2 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), proposed to form and levy special benefit assessments for the district designated as: Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Apple Valley, Tract 2495 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for Fiscal Year 2023/24. The City Council formed the District and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the street and storm drain improvements and facilities associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements and facilities. The annual assessments described herein will provide a funding source for the continued operation and maintenance of streets, storm drain system, and appurtenant facilities installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the streets and storm drain system that provides special benefits to properties within the District. The structure of the District (organization), the improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2495; and by reference these plans and specifications are made part of 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 San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District’s formation, the City conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 88 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 3 consider public testimonies, comments, and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein; therefore, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. The assessments for Fiscal Year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, a Report shall be prepared and presented to the City Council describing any changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 89 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 4 3. PLANS AND SPECIFICATIONS 3.1 Benefiting Properties within the District The territory within the District consists of the lots, parcels, and subdivisions of land within the proposed residential subdivision known as the Apple Valley, Tract 2495, which encompasses an area of land totaling approximately twenty-eight acres (27.71 acres). This residential subdivision includes seventy (70) single-family residential homes. The subdivision is situated in the northern portion of the City just southwest of Highway 101 and is generally located: • South of Del Rio Road; • North of Conejo Road; • West of Ramona Road; and, • East of Graves Creek. 3.2 Funding Authorized by the 1982 Act As generally defined by the 1982 Act and applicable to this District, the City may impose a benefit assessment to finance the maintenance and operation costs of the following services: • Drainage and Flood Control; • Streets and Roads. In addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements, the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction, or replacement of drainage and flood control facilities as well as the street and road improvements (with some limitations). While such activities are permitted under the 1982 Act, the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages, the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments would not be reasonable. If such funding becomes necessary, the City may present a new or increased assessment to the property owners to support the projects. 3.3 Description of Improvements and Services The purpose of this District is to fund the activities necessary to maintain and service the local streets and the drainage and flood control systems constructed and installed in connection with development of properties within the residential subdivision known as Apple Valley, Tract 2495 pursuant to approved development plans and agreements. The improvements may consist of all or a portion of the public streets, drainage and flood control facilities associated with Tract 2495 and the maintenance of these improvements may include but are not limited to the materials, equipment, labor, and incidental expenses deemed necessary to keep these improvements in satisfactory condition. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 90 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 5 The maintenance of the improvements and related activities shall be funded entirely or partially through the District assessments. The District improvements and services are generally described as: • Street maintenance that may include but is not limited to the repair and servicing of street surfaces, curbs, gutters, bridges, driveway approaches, sidewalks, barricades, delineation, signage, or other facilities within the public street rights-of-way installed in connection with the development of properties in Tract 2495 and that have been dedicated to the City; • Storm drain and flood control maintenance that may include but is not limited to inspection, repair and servicing of drainage basins, inlets, catch basins, manholes, outlets, drywells, pumps, filters, and storm drain pipes installed in connection with the development of properties of Tract 2495 as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties including waste water treatment; • The appurtenant, equipment, materials, and service contracts related to the aforementioned improvements and facilities; • Specifically excluded are those improvements or facilities: located on private property or common areas; that may be provided or maintained by an agency other than the City; that may be provided by another assessment or tax levied by the City; or that may be provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. 3.3.1 STREET MAINTENANCE The street maintenance program may include but is not limited to: the repair of potholes, cracks, or other failures in the asphalt surface; repair or replacement of curbs, gutters, driveway approaches, and sidewalks as required as part of maintaining the streets; repair or installation of street signs, barricades, fencing, or other delineation; mechanized sweeping and cleaning of the streets and gutters; slurry sealing, overlays, and re- striping of the street surfaces. The specific activities and timing of various street and road maintenance services shall be determined by the City’s Public Works Department as necessary to extend the life of the streets or to improve traffic circulation and safety as available funding permits. Specifically, the street improvements for this District are identified as: • Approximately 106,460 square feet of asphalt street surface located on the perimeter of the development (south half of Del Rio Road); and the various interior streets identified as Via Colonia Court, San Ramon Road, Via Huerto Court, Avenida Manzana, and San Ramon Road. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 91 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 6 • Approximately 5,320 linear feet of curb and gutter along Del Rio Road, Via Colonia Court, San Ramon Road, Via Huerto Court, Avenida Manzana, San Ramon Road, and Conejo Road; • Approximately 3,545 square feet of decorative street pavers and 1,254 linear feet of curb and gutter in and around the two median islands on San Ramon Road (entryways to the development at Del Rio Road and Conejo Road); • Approximately 70 driveway approaches, 25,394 square feet of sidewalks and various street signs within the District; • Specifically, not included as part of the street maintenance program are the costs associated with major replacements or reconstruction. Although the District assessments will provide funding for regular maintenance and servicing of the improvements that will extend the useful life of the street improvements, the assessments are not intended to fund major replacements or reconstruction of the street surfaces or adjacent improvements such as curbs, gutters, or driveway approaches. The costs of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt; and replacement of curbs, gutters, driveway approaches, and sidewalks is significantly more than the amount that can reasonably be collected annually under the provisions of the 1982 Act. When such repairs or activities are deemed necessary, the City will consider various financing options including new or increased assessments for property owner approval. The Public Works Department shall authorize the operational activities and maintenance of the public street and right-of-way improvements, facilities, and services that may include, but are not limited to: • Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters; • Annual inspection of street surface and repair of potholes and surface cracks as needed; • Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once every five years); • Periodic re-striping of traffic lanes, bike lanes, street parking areas, crosswalks, and intersections (typically in conjunction with slurry or overly activities); • Graffiti abatement of public improvements within the street rights-of-way that are maintained by the District including but not limited to sandblasting, repainting and repair of fences, walls, barricades, sidewalks, and signage as needed; • Annual inspection and periodic repair or replacement of decorative street- pavers as needed; • Annual inspection and minor repairs of curbs, gutters, driveway approaches, and sidewalks including partial segment replacements as needed to ensure pedestrian and vehicle safety or the integrity of the street; • Annual inspection and periodic repair or rehabilitation of street signs and traffic control devices; • Annual inspection and repair of barricades, street-fencing, delineation or retaining walls within the street rights-of-way as needed. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 92 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 7 A portion of the services described above are not performed on an annual basis but rather on a periodic basis, such as slurry sealing or overlaying the asphalt streets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent when sufficient funds have been accumulated to perform the services deemed necessary by the City (approximately every five years). This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. 3.3.2 STORM DRAIN AND FLOOD CONTROL MAINTENANCE The storm drain and flood control system associated with the District may include but is not limited to: drainage basins and bio-filters; channel ways; storm drain inlets, catch basins, manholes, outlets; drywells, pumps, filters and pipes. The storm drain system to be maintained primarily involves on-site facilities (within the District boundaries) but may also include off-site improvements such as water treatment equipment, facilities or services mandated or required by Federal, State, or County regulations for water pollution control. The annual assessments for this District are intended to support a storm drain and flood control maintenance program that will adequately regulate and control storm water runoff resulting from the development of properties within the District. This maintenance program may include but is not limited to: inspection and documentation of the system; cleaning, servicing, or repair of the facilities and equipment; and the partial replacement or rehabilitation of equipment and facilities. The storm drain and flood control system includes but is not limited to: • Approximately 30,050 square feet of drainage basin area; • Twenty-eight (28) inlets, outlets, and manholes located throughout Tract 2495; • Approximately 2,100 linear feet of storm drain pipe ranging from 18 inches to 42 inches in diameter. The Public Works Department shall authorize and schedule the operational activities and maintenance of the storm drain and storm water pollution treatment infrastructure, facilities, and services that may include, but are not limited to: • Cleaning of storm drain inlets, catch basins, manholes, and pipes as needed; • Stencil maintenance and documentation of facilities as required by Federal, State, or County regulations; • Cleaning and landscape maintenance of the drainage basins, bio-filter areas or channel ways as needed; • Debris removal and pest control in and around the storm drain facilities as needed; • Minor repairs and maintenance of the storm drain inlets, catch basins, and outlets as needed; • Street sweeping services necessary to control debris and water flow for the storm drain system; and, ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 93 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 8 • The operational costs related to NPDES compliance requirements. A portion of the services described above are not performed on an annual basis but rather on a periodic basis such as minor repairs to the storm drain inlets, catch basins, and outlets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City. This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 94 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 9 4. ESTIMATE OF COSTS Budget 2023/2024 Assessment DIRECT COSTS Assessment Streets, Roads & Storm Drain Improvements Street Maintenance $8,350 Inspection & Operational Services - Roads, Drainage 7,770 Traffic Sign Replacement 15,000 Total Annual Direct Costs $31,120 ADMINISTRATION EXPENSES City Annual Administration $1,890 Engineer's Report & Services 3,770 Public Noticing 200 Total Annual Administration Costs $5,860 TOTAL DIRECT & ADMINISTRATION COSTS $36,980 CAPITAL RESERVE COLLECTIONS/(USES) Collection for Street Surface Activities $21,800 Collection Street Re-striping 80 Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 850 Collection for Debris Removal 380 Collection for Storm Drain Fencing 380 Collection for Storm Drain Infrastructure 600 Total Annual Capital Reserve Collections/(Uses) $24,090 LEVY ADJUSTMENTS Interest Income - Improvement Fund ($15,928) Interest Income - Operating Reserve Fund (422) Reserve Fund Collection/(Use) (6,220 Total Levy Adjustments ($22,570) BALANCE TO LEVY $38,500 DISTRICT STATISTICS Total Parcels 74 Parcels Levied 70 Total EBU (1) 70 Levy per EBU $550.00 Maximum Levy per EBU $899.70 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $14,034 Operational Reserve Interest 422 Surplus Transfer from Improvement Fund 22,400 Operational Reserve Collection (Use) ($22,570) Estimated Ending Operating Reserve Balance $14,286 Beginning Improvement Fund Balance $522,115 Improvement Fund Interest 15,928 Surplus Transfer to Operations Fund ($22,400) Improvement Fund Collection/(Use) 24,090 Estimated Ending Improvement Fund Balance $539,733 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 95 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 10 5. METHOD OF ASSESSMENT 5.1 General The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation, and servicing of drainage and flood control improvements as well as streets, roads, and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”. Furthermore: “The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized … is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. 5.2 Benefit Analysis Each of the proposed improvements and services, and the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution. The street and storm drain improvements associated with this District were necessary and essential requirements for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City’s General Plan. As such the ongoing operation, servicing, and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner. Since each parcel to be assessed within the District could not have been developed in the absence of these improvements and facilities, each parcel has a direct investment in the proper maintenance of the improvements that is over and above any general benefits that may be conferred by such improvements and services. The ongoing maintenance and servicing of the District improvements is an integral part of the appearance, use and preservation of the properties within the District and such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels. The proper maintenance of streets and appurtenant facilities allows individual parcels to be used to their fullest extent by ensuring the safe and ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 96 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 11 efficient movement of people and goods to and from the benefiting properties. Likewise, the maintenance and servicing of the storm drain system ensures proper water flow and control of excess water during periods of rain, which is essential to preservation and protection of private property. Together the maintenance and servicing of the streets and storm drain system contributes to a specific enhancement of each of the parcels within the District and the absence of adequate maintenance and servicing of the District improvements could eventually have a negative impact on properties within the District. Although the improvements may include public streets and storm drain facilities that connect to similar facilities outside the District boundaries, it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Any improvement or portion thereof (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However, the costs associated with installation or improvement of any off-site facilities that benefit the parcels within this District as well as other properties (shared benefit) may be allocated to the parcels within the District based on their proportional special benefit from such improvements. 5.3 Assessment Methodology The costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that 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 proposed land use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District based on similarities and differences in parcel land use. 5.3.1 EQUIVALENT BENEFIT UNITS: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1982 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 97 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 12 applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. 5.3.2 EBU APPLICATION BY LAND USE: (1) Single-family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”). (2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or mobile-home parks). Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases; the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential property is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for the remaining units. (3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors, it has been determined that an appropriate allocation of special benefit for condominiums, town-homes, and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 98 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 13 (4) Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed). (5) Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise market property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single-family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.0 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). (6) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0 EBU. 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, parks, or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.; • Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels, or bifurcated lots or properties with very restrictive development use. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 99 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 14 (7) Special Cases — In many districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount 5.4 Assessment Range Formula Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 100 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 15 The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for Fiscal Year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to the future assessments and is generally defined: • If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment. • The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for Fiscal Year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area from February to February. The Maximum Assessment rate was increased by 5.3024% for Fiscal Year 2023/24. Beginning with Fiscal Year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate is calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI is based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In January 2018, BLS introduced a new geographic area sample for the CPI. As part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco- Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. This CPI will be used going forward. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classification is permitted. Changes in land use or size of an individual property resulting in an assessment increase, are not 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 a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 101 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 15 6. ASSESSMENT DIAGRAM The parcels within the Street and Storm Drain Maintenance District No. 01 (Apple Valley) consist of the lots, parcels, and subdivisions of land located in the residential development known as Apple Valley, Tract 2495. The District covers approximately twenty-eight acres (27.71 acres) in the northern portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 102 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 16 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, rights-of-way, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 103 of 277 City of Atascadero Street & Storm Drain Maintenance No. 1 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 049-192-001 6000 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-002 6010 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-003 6020 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-004 6030 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-005 6040 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-006 6050 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-007 6060 VIA COLONIA RD SFR 1.0 899.71 550.00 049-192-008 6055 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-009 6045 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-010 6035 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-011 6025 VIA COLONIA RD SFR 1.0 899.71 550.00 049-192-012 6015 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-013 6005 VIA COLONIA RD SFR 1.0 899.71 550.00 049-192-014 5045 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-015 5035 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-016 5025 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-017 5015 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-018 5005 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-019 5010 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-020 5020 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-021 5030 VIA COLONIA CT SFR 1.0 899.71 550.00 049-192-022 5040 VIA COLONIA CT SFR 1.0 899.71 550.00 049-193-001 6100 VIA HUERTO CT SFR 1.0 899.71 550.00 049-193-002 6120 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-003 6130 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-004 6140 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-005 6150 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-006 6160 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-007 6170 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-008 6180 VIA HUERTO CT SFR 1.0 899.71 550.00 049-193-010 6200 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-011 6210 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-012 6220 VIA HUERTO CT SFR 1.0 899.71 550.00 049-193-013 6225 VIA HUERTO CT SFR 1.0 899.71 550.00 049-193-014 6215 VIA HUERTO CT SFR 1.0 899.71 550.00 049-193-015 6205 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-016 6195 VIA HUERTO CT SFR 1.0 899.71 550.00 049-193-017 6185 VIA HUERTO RD SFR 1.0 899.71 550.00 049-193-018 6125 VIA HUERTO CT SFR 1.0 899.71 550.00 049-193-019 6115 VIA HUERTO CT SFR 1.0 899.71 550.00 049-193-020 6105 VIA HUERTO CT SFR 1.0 899.71 550.00 049-193-021 2180 SAN RAMON RD SFR 1.0 899.71 550.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 1 of 2 04/21/2023 04:21:13PM ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 104 of 277 City of Atascadero Street & Storm Drain Maintenance No. 1 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 049-193-022 2190 SAN RAMON RD SFR 1.0 899.71 550.00 049-193-023 2200 SAN RAMON RD SFR 1.0 899.71 550.00 049-193-024 2210 SAN RAMON RD SFR 1.0 899.71 550.00 049-193-025 2220 SAN RAMON RD SFR 1.0 899.71 550.00 049-193-026 6190 CONEJO RD SFR 1.0 899.71 550.00 049-193-027 6180 CONEJO RD SFR 1.0 899.71 550.00 049-193-028 6160 CONEJO RD SFR 1.0 899.71 550.00 049-193-029 6140 CONEJO RD SFR 1.0 899.71 550.00 049-193-030 6100 CONEJO RD SFR 1.0 899.71 550.00 049-193-031 2235 SAN RAMON RD SFR 1.0 899.71 550.00 049-193-032 2225 SAN RAMON RD SFR 1.0 899.71 550.00 049-193-033 2215 SAN RAMON RD SFR 1.0 899.71 550.00 049-193-034 2205 SAN RAMON RD SFR 1.0 899.71 550.00 049-193-035 2195 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-036 2185 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-037 2175 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-038 2165 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-039 2135 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-040 2125 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-041 2115 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-042 2065 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-043 2055 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-044 2100 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-045 2110 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-046 2140 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-047 2150 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-048 2160 AVENIDA MANZANA RD SFR 1.0 899.71 550.00 049-193-051 6190 VIA HUERTO CT SFR 1.0 899.71 550.00 70.0 62,979.47 38,500.00 70 Accounts 70.0 62,979.47 $38,500.00 70 Total Accounts Slight variances may occur due to rounding Copyright © 2013 by NBS Page 2 of 2 04/21/2023 04:21:13PM ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 3 Page 105 of 277 ITEM NUMBER: B-1 DATE: ATTACHMENT: 06/13/23 4 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE LANDSCAPING AND LIGHTING DISTRICT NO. 01 (APPLE VALLEY), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO IN FISCAL YEAR 2023/2024 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as the “City Council”), pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500, in connection with the proposed levy for Landscaping and Lighting District No. 01 (Apple Valley) (hereafter referred to as the “District”) and the collection of assessments related thereto for the fiscal year starting July 1, 2023 and ending June 30, 2024; and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for the Landscaping and Lighting District No. 01 (Apple Valley), fiscal year 2023/2024” (hereafter referred to as the “Engineer’s Report”) in accordance with the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment as well as a description of the assessment range formula that establishes the maximum assessment rate in subsequent fiscal years. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. Page 106 of 277 ITEM NUMBER: B-1 DATE: ATTACHMENT: 06/13/23 4 e) An Assessment Roll containing each of the Assessor’s Parcel Numbers that comprise the District and the proportional maximum assessment and annual assessment for fiscal year 2023/2024. SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 107 of 277 ITEM NUMBER: B-1 DATE: ATTACHMENT: 06/13/23 5 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023/2024 FOR LANDSCAPING AND LIGHTING DISTRICT NO. 01 (APPLE VALLEY) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Landscaping and Lighting District No. 01 (Apple Valley) (hereafter referred to as the “District”) for fiscal year 2023/2024, said fiscal year commencing July 1, 2023 and ending June 30, 2024; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting and appurtenant facilities related thereto; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting, and appurtenant facilities related thereto; and WHEREAS, the City and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIIID of the California State Constitution. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection with the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2023 and ending June 30, 2024. Page 108 of 277 ITEM NUMBER: B-1 DATE: ATTACHMENT: 06/13/23 5 SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street lights, landscaping, parks and open space areas within the District and appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Landscaping and Lighting District No. 01 (Apple Valley), and such money shall be expended for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Sections 22645-22647 of the Act, upon adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 109 of 277 nbsgov.com Prepared by: Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fiscal Year 2023/24 Engineer’s Report For: Landscaping and Lighting District District No. 01 (Apple Valley) May 2023 ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 110 of 277 CITY OF ATASCADERO Landscaping & Lighting District No. 01 (Apple Valley) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Heather Moreno, Mayor Susan Funk, Mayor Pro Tem Charles Bourbeau, Council Member Mark Dariz, Council Member Heather Newsom, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Tim Seufert, Client Services Director Adina McCargo, Project Manager ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 111 of 277 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Executive Summary ........................................................................................................ 2 3. Plans and Specifications .................................................................................................. 4 3.1 Description of the District ....................................................................................... 4 3.2 Improvements and Services Authorized by the 1972 Act ....................................... 4 3.3 Description of Improvements and Services ............................................................ 5 4. Estimate of Costs ............................................................................................................ 7 5. Method of Assessment ................................................................................................... 8 5.1 General .................................................................................................................... 8 5.2 Benefit Analysis ....................................................................................................... 8 5.3 Assessment Methodology ....................................................................................... 9 5.4 Assessment Range Formula .................................................................................. 13 6. Assessment Diagram ..................................................................................................... 15 7. Assessment Roll ............................................................................................................ 16 ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 112 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 1 1. ENGINEER’S LETTER WHEREAS, on March 24, 2005 by Resolution No. 2005-045, the City Council of the City of Atascadero (the “City”), State of California, in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500 (the “1972 Act”) established the City of Atascadero Landscaping and Lighting District No. 01 (Apple Valley) (the “District”); and WHEREAS, on May 9, 2023, the City Council, under the 1972 Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2023/24: FY 2023/24 Budget Summary Description Total Costs Costs Not Assessed Proposed Assessment Total Benefit Units Maximum Rate Proposed Rate Per BU Annual Maintenance $87,790 ($10,170) $77,620 Special Annual Projects 3,000 0 3,000 Administration 7,570 0 7,570 Capital Reserve Collections/(Uses) (10,509) (650) (11,159) Levy Adjustments (24,851) 10,820 (14,031) Total $63,000 $0 $63,000 70 $1,966.13 $900.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1972 Act. City Engineer ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 113 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 2 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as “Article XIIID”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), executed the proceedings required for the establishment of the special benefit assessment district designated as: Landscaping and Lighting District No. 01 (Apple Valley) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Apple Valley, Tract 2495 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for Fiscal Year 2023/24, as required pursuant to Chapter 1, Article 4 of the 1972 Act. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the landscaping and lighting improvements associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provisions of Article XIIID. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements. The annual assessments will provide a funding source for the continued operation and maintenance of public landscaping and lighting improvements installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The boundaries of the District, the proposed improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2495; and by reference these plans and specifications are made part of 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 San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of the District formation, the City of Atascadero conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing on May 24, 2005 to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 114 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 3 property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. Tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. The assessments for Fiscal Year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent 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 and 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 ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 115 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 4 3. PLANS AND SPECIFICATIONS 3.1 Description of the District The territory within the District consists of the lots, parcels and subdivisions of land within the proposed residential subdivision known as the Apple Valley, Tract 2495, which encompasses an area of land totaling approximately twenty-eight acres (27.71 acres). This residential subdivision includes seventy (70) single-family residential homes. The subdivision is situated in the northern portion of the City of Atascadero just southwest of Highway 101 and is generally located: • South of Del Rio Road; • North of Conejo Road; • West of Ramona Road; and, • East of Graves Creek 3.2 Improvements and Services Authorized by the 1972 Act As generally defined by the 1972 Act and applicable to this District, the improvements and associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not limited to street lights and traffic signals; 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 5) The installation of park or recreational improvements, including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b) Lights, playground equipment, play courts, and public restrooms. 6) The acquisition of land for park, recreational, or open-space purposes or any existing improvement otherwise authorized pursuant to this section. 7) The maintenance or servicing, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 116 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 5 d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; f) Costs associated with any elections held for the approval of a new or increased assessment. 3.3 Description of Improvements and Services The purpose of this District is to ensure the ongoing maintenance, operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District. The improvements may consist of all or a portion of the public landscaped areas, street lighting and appurtenant facilities within and adjacent to the District (Tract 2495). These improvements generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or rights-of-way constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The improvements to be maintained and funded entirely or partially through the District assessments are generally described as: • Streetscape landscaping including street trees located on the perimeter of the development and interior streets of Tract 2495 that are within the public rights-of-way or easements and dedicated to the City for maintenance; • Open space areas and fuel modification areas within or adjacent to the District boundaries; • Park areas, recreational equipment, trails and landscaped drainage facilities developed and constructed as part of developing properties within Tract 2495; • Public lighting facilities including street lighting, safety lighting and ornamental lighting installed as part of the residential development or landscaped improvement areas; • Appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements; • Specifically not included as District improvements are those improvements located on private property, improvements and facilities that may be provided or maintained by an agency other than the City; improvements and facilities that may be provide by another assessment or tax ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 117 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 6 levied by the City or any improvement provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. 3.3.1 LANDSCAPE IMPROVEMENTS The landscape improvements for the District may include, but are not limited to turf, ground cover, shrubs and plants, trees, irrigation and drainage systems, ornamental lighting, masonry walls or other fencing, hardscape improvements, monuments, and associated appurtenant facilities located within the landscape easements or public rights-of-way. Specifically the landscape improvement areas for this District are identified as: • Approximately 30,580 square feet of streetscape (parkway) landscaping within the public rights-of- way located on the perimeter of the development (south side of Del Rio Road); and along various locations of the interior streets including Via Colonia Court, San Ramon Road, Via Huerto Court, Avenida Manzana, and San Ramon Road. • Approximately 108 street trees located along Del Rio Road, Via Colonia Court, San Ramon Road, Via Huerto Court, Avenida Manzana, San Ramon Road and Conejo Road; • Approximately 12,541 square feet of landscaping and trees within the median islands on San Ramon Road located at the two entryways to the development (Del Rio Road and Conejo Road); • Approximately 106,460 square feet of non-irrigated open space area within the District; • Approximately 109,837 square feet of irrigated park and open space areas within the boundaries of the District including 56,647 square feet of turf; 40,335 square feet of irrigated open space; and 12,855 square feet of landscaped slopes within two drainage basins (6,690 and 6,165 square feet respectively); along with various trees and picnic areas; • Approximately 10,320 square feet of paths and trails, 25,394 square feet sidewalks and 5,145 linear feet of fencing within and adjacent to the various landscape improvement areas. 3.3.2 PUBLIC LIGHTING IMPROVEMENTS The lighting improvements may include but are not limited to the cost of providing electrical energy and servicing of lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with: • Lighting facilities located within the landscaped areas including safety lights, security lights or ornamental lights installed as part of the District improvements. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 118 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 7 4. ESTIMATE OF COSTS Total Costs Not 2023/24 BUDGET Budget Assessed Assessment DIRECT COSTS Annual Costs Landscape Services $47,500 ($6,550) $40,950 Landscape Supplies 2,550 0 2,550 Landscape Utilities 14,480 (3,620) 10,860 City Landscape Services 7,260 0 7,260 Tree Trimming and Replacement 16,000 0 16,000 Total Annual Direct Costs 87,790 ($10,170) $77,620 CAPITAL EXPENDITURES Special Projects $3,000 $0 $3,000 Total Annual Special Projects $3,000 $0 $3,000 ADMINISTRATION EXPENSES Annual Administration Expenses City Annual Administration $2,190 $0 $2,190 Engineer's Report & Services 4,880 0 4,880 Public Noticing 500 0 500 Total Administration $7,570 $0 $7,570 TOTAL DIRECT & ADMINISTRATION COSTS $98,360 ($10,170) $88,190 CAPITAL RESERVE COLLECTIONS/(USES) Landscape Rehabilitation/Replacement $1,300 ($650) $650 Median Rehabilitation/Replacement 238 0 238 Open Space Rehabilitation/Replacement 1,120 0 1,120 Tree Rehabilitation/Replacement (13,967) 0 (13,967) Other Rehabilitation/Replacement 800 0 800 Total Annual Capital Reserve Collections/(Uses) (10,509) ($650) (11,159) LEVY ADJUSTMENTS Interest Income - Improvement Fund ($2,592) $0 ($2,592) Interest Income - Operating Reserve Fund (1,828) 0 (1,828) Contributions from other Sources (10,820) (10,820) 0 Reserve Collection/(Use) (9,611) 0 ($9,611) Total Levy Adjustments ($24,851) ($10,820) ($14,031) BALANCE TO LEVY $63,000 $0 $63,000 DISTRICT STATISTICS Total Parcels 74 Parcels Levied 70 Total EBU (1) 70 Levy per EBU $900.00 Maximum Levy per EBU $1,966.13 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $45,105 Operational Reserve Interest 1,828 Surplus Transfer from Improvement Fund 23,739 Operational Reserve Collection (Use) (14,031) Estimated Ending Operating Reserve Balance $56,641 Beginning Improvement Fund Balance $112,195 Improvement Fund Interest 2,592 Surplus Transfer to Operations Fund (23,739) Improvement Fund Collection/(Use) (10,509) Estimated Ending Improvement Fund Balance $80,539 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 119 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 8 5. METHOD OF ASSESSMENT 5.1 General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. 5.2 Benefit Analysis Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and Article XIIID. The improvements provided by this District and for which properties will be assessed have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such, these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District. Any improvement or portion thereof that is considered to be of general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within the District. 5.2.1 SPECIAL BENEFIT The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting and well-maintained landscaping in close proximity to those properties The special benefits associated with landscape improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 120 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 9 • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. • Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties. • Enhanced quality of life through well-maintained green space and landscaped areas. • Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting and other public lighting facilities are the convenience, safety, and security of property, improvements, and goods. Specifically: • Enhanced deterrence of crime and the aid to police protection. • Increased nighttime safety on roads, streets and public areas. • Improved ability of pedestrians and motorists to see. • Improved ingress and egress to property. • Reduced vandalism and other criminal act and damage to improvements or property. • Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. 5.2.2 GENERAL BENEFIT In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of- way and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. 5.3 Assessment Methodology The method of apportionment for the 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 ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 121 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 10 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. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that 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 proposed land use of each property as compared to other parcels that benefit from those specific improvements. To identify and determine the special benefit to be received by each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the planned improvements as well as individual property development within the District. Upon review of the proposed improvements it has been determined that each of the residential parcels within the District receives special benefits from the improvements to be funded by annual assessments and based on the planned property development a single zone of benefit is appropriate for the allocation of the assessments and proportional benefit. 5.3.1 EQUIVALENT BENEFIT UNITS: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1972 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single- family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. 5.3.2 EBU APPLICATION BY LAND USE: (1) Single-family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.00 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against regarding special benefit (i.e. Equivalent Benefit Unit “EBU”). (2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or mobile home parks). Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 122 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 11 assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for remaining units. (3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors, it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). (4) Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed). (5) Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise market property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 123 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 12 of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single-family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.00 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in excess of 25 acres are assigned 25.00 EBU). Parcels less than one acre, shall be assigned a minimum of 1.00 EBU (similar to a vacant lot within a residential tract). (6) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00 EBU. 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, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District; • Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment but shall be reviewed annually by the assessment engineer to confirm the parcels’ current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. (7) Special Cases — In many districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 124 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 13 The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount 5.4 Assessment Range Formula Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 125 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 14 amount for Fiscal Year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to future assessments and is generally defined: • If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment. • The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for Fiscal Year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-Hayward Area from February to February. The Maximum Assessment rate was increased by 5.3024% for Fiscal Year 2023/24. Beginning with Fiscal Year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate is established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate is calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI is based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In January 2018, BLS introduced a new geographic area sample for the CPI. As part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. This CPI will be used going forward. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications are permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not 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 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 a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 126 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 15 6. ASSESSMENT DIAGRAM The parcels within the Landscaping and Lighting District No. 01 (Apple Valley) consist of the lots, parcels and subdivisions of land located in the planned residential development known as Apple Valley, Tract 2495. The District covers approximately twenty-eight acres (27.71 acres) in the northern portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 127 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 16 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, rights-of-way, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 128 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 1 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 049-192-001 6000 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-002 6010 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-003 6020 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-004 6030 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-005 6040 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-006 6050 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-007 6060 VIA COLONIA RD SFR 1.0 1,966.14 900.00 049-192-008 6055 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-009 6045 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-010 6035 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-011 6025 VIA COLONIA RD SFR 1.0 1,966.14 900.00 049-192-012 6015 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-013 6005 VIA COLONIA RD SFR 1.0 1,966.14 900.00 049-192-014 5045 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-015 5035 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-016 5025 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-017 5015 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-018 5005 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-019 5010 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-020 5020 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-021 5030 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-192-022 5040 VIA COLONIA CT SFR 1.0 1,966.14 900.00 049-193-001 6100 VIA HUERTO CT SFR 1.0 1,966.14 900.00 049-193-002 6120 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-003 6130 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-004 6140 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-005 6150 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-006 6160 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-007 6170 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-008 6180 VIA HUERTO CT SFR 1.0 1,966.14 900.00 049-193-010 6200 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-011 6210 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-012 6220 VIA HUERTO CT SFR 1.0 1,966.14 900.00 049-193-013 6225 VIA HUERTO CT SFR 1.0 1,966.14 900.00 049-193-014 6215 VIA HUERTO CT SFR 1.0 1,966.14 900.00 049-193-015 6205 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-016 6195 VIA HUERTO CT SFR 1.0 1,966.14 900.00 049-193-017 6185 VIA HUERTO RD SFR 1.0 1,966.14 900.00 049-193-018 6125 VIA HUERTO CT SFR 1.0 1,966.14 900.00 049-193-019 6115 VIA HUERTO CT SFR 1.0 1,966.14 900.00 049-193-020 6105 VIA HUERTO CT SFR 1.0 1,966.14 900.00 049-193-021 2180 SAN RAMON RD SFR 1.0 1,966.14 900.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 1 of 2 04/25/2023 10:27:58AM ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 129 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 1 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 049-193-022 2190 SAN RAMON RD SFR 1.0 1,966.14 900.00 049-193-023 2200 SAN RAMON RD SFR 1.0 1,966.14 900.00 049-193-024 2210 SAN RAMON RD SFR 1.0 1,966.14 900.00 049-193-025 2220 SAN RAMON RD SFR 1.0 1,966.14 900.00 049-193-026 6190 CONEJO RD SFR 1.0 1,966.14 900.00 049-193-027 6180 CONEJO RD SFR 1.0 1,966.14 900.00 049-193-028 6160 CONEJO RD SFR 1.0 1,966.14 900.00 049-193-029 6140 CONEJO RD SFR 1.0 1,966.14 900.00 049-193-030 6100 CONEJO RD SFR 1.0 1,966.14 900.00 049-193-031 2235 SAN RAMON RD SFR 1.0 1,966.14 900.00 049-193-032 2225 SAN RAMON RD SFR 1.0 1,966.14 900.00 049-193-033 2215 SAN RAMON RD SFR 1.0 1,966.14 900.00 049-193-034 2205 SAN RAMON RD SFR 1.0 1,966.14 900.00 049-193-035 2195 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-036 2185 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-037 2175 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-038 2165 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-039 2135 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-040 2125 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-041 2115 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-042 2065 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-043 2055 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-044 2100 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-045 2110 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-046 2140 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-047 2150 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-048 2160 AVENIDA MANZANA RD SFR 1.0 1,966.14 900.00 049-193-051 6190 VIA HUERTO CT SFR 1.0 1,966.14 900.00 70.0 137,629.68 63,000.00 70 Accounts 70.0 137,629.68 $63,000.00 70 Total Accounts Slight variances may occur due to rounding Copyright © 2013 by NBS Page 2 of 2 04/25/2023 10:27:58AM ITEM NUMBER: B-1 DATE: 06/13/23 ATTACHMENT: 6 Page 130 of 277 ITEM NUMBER: B-2 DATE: 06/13/23 Atascadero City Council Staff Report – Administrative Services Department De Anza Estates Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A, approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto for fiscal year 2023/2024; and 2. Adopt Draft Resolution B, ordering the levy and collection of assessments for fiscal year 2023/2024 for Street and Storm Drain Maintenance District No. 03 (De Anza Estates); and 3. Adopt Draft Resolution C, approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto in fiscal year 2023/2024; and 4. Adopt Draft Resolution D, ordering the levy and collection of assessments for fiscal year 2023/2024 for Landscaping and Lighting District No. 03 (De Anza Estates). DISCUSSION: The City Council formed and began assessing Street and Storm Drain Maintenance District No.03 (De Anza Estates) in 2005. This district was formed to provide funding for future routine maintenance of the streets, storm drains and sidewalks in the De Anza Estates subdivision. The City Council also formed and began assessing Landscaping and Lighting Maintenance District No.03 (De Anza Estates) in 2005. This district was formed to provide for funding and maintenance of street trees, open space, park area, medians, walkways, paths and other landscaping and lighting improvements within the De Anza Estates subdivision. NBS, an independent financial consultant, was hired to prepare the engineer’s reports for the two districts. The engineer’s reports and the levies must be approved by Council annually. This is done in a two-step process. Last month, three resolutions for each district (a total of 6 resolutions in all) were passed to begin the process of continuing the levies. At that time, the Engineer’s Reports were preliminarily approved, proceedings Page 131 of 277 ITEM NUMBER: B-2 DATE: 06/13/23 were initiated for the levy, and the date of tonight’s public hearing was established. The resolutions that are before the Council tonight are for the final approval of the Engineer’s Reports and for the approval of the annual levies. The proposed assessments for fiscal year 2023/2024 are less than the Maximum Assessment Rate. In accordance with the formula voters of the district adopted in 2005, the City may increase the Maximum Assessment Rate for inflation by the greater of the Consumer Price Index (CPI) or 3.0%. The Maximum Assessment Rate was increased by 5.3% (CPI) this year for both districts. An Assessment Information Notice was mailed to all property owners on April 12, 2023. The notice provided City staff contact information for questions and comments, dates for the related Council meetings, information on how to participate in the meeting, and the proposed and current levies for both districts. Staff has reviewed the short and long-term costs to maintain the districts and recommends the total cost of both districts remains flat when compared to the prior year. The Landscaping and Lighting District levy is about 16% of the allowable maximum annual assessment and the Street and Strom Drain District is about 62% of the allowable maximum annual assessment. FISCAL IMPACT: Annual assessments for 2023/2024 will total $30,562 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $1,400 for the fiscal year 2023/2024 for half of the maintenance costs of the trails and open space. Page 132 of 277 ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENTS: 1. Draft Resolution A 2. Draft Resolution B 3. Engineer’s Annual Levy Report - Street and Storm Drain Maintenance District No. 03 (De Anza Estates) 4. Draft Resolution C 5. Draft Resolution D 6. Engineer’s Annual Levy Report - Landscaping and Lighting District No. 03 (De Anza Estates) Page 133 of 277 ITEM NUMBER: B-2 DATE: ATTACHMENT: 06/13/23 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as “City Council”), pursuant to the provisions the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with the Act in connection with Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the “District”) and the proposed levy and collection of assessments related thereto for fiscal year 2023/2024, said fiscal year starting July 1, 2023 and ending June 30, 2024; and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Street and Storm Drain Maintenance District No. 03 (De Anza Estates), fiscal year 2023/2024” (hereafter referred to as “Engineer’s Report”) in accordance with the Act; and WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and the assessment for fiscal year 2023/2024. Page 134 of 277 ITEM NUMBER: B-2 DATE: ATTACHMENT: 06/13/23 1 SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 135 of 277 ITEM NUMBER: B-2 DATE: ATTACHMENT: 06/13/23 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023/2024 FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings to levy special benefit assessments against parcels of land within Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2023 and ending June 30, 2024; pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”) to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of-way improvements and storm drain facilities related thereto; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and WHEREAS, the City Council conducted in May 2005 a property owner protest ballot proceeding for the District assessments proposed to be levied and majority protest of the assessments described in the Engineer’s Report did not exist pursuant to the provisions of the California State Constitution Article XIIID. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection therewith; the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The District includes the lands receiving such special benefit. Page 136 of 277 ITEM NUMBER: B-2 DATE: ATTACHMENT: 06/13/23 2 c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street right-of-way improvements and storm drain facilities within the District and the appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the establishment of the maximum assessment rate described in the Engineer’s Report and the levy of assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Section 54718 of the Act, upon adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 137 of 277 nbsgov.com Prepared by: Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fiscal Year 2023/24 Engineer’s Report For: Street and Storm Drain Maintenance District No. 03 (De Anza Estates) May 2023 ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 138 of 277 CITY OF ATASCADERO Street and Storm Drain Maintenance District No. 03 (De Anza Estates) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Heather Moreno, Mayor Susan Funk, Mayor Pro Tem Charles Bourbeau, Council Member Mark Dariz, Council Member Heather Newsom, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Tim Seufert, Client Services Director Adina McCargo, Project Manager ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 139 of 277 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Executive Summary ........................................................................................................ 2 3. Plans and Specifications .................................................................................................. 4 3.1 Benefiting Properties within the District ................................................................ 4 3.2 Funding Authorized by the 1982 Act ....................................................................... 4 3.3 Description of Improvements and Services ............................................................ 4 4. Estimate of Costs ............................................................................................................ 8 5. Method of Assessment ................................................................................................... 9 5.1 General .................................................................................................................... 9 5.2 Benefit Analysis ....................................................................................................... 9 5.3 Assessment Methodology ..................................................................................... 10 5.4 Assessment Range Formula .................................................................................. 15 6. Assessment Diagram ..................................................................................................... 17 7. Assessment Roll ............................................................................................................ 18 ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 140 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 1 1. ENGINEER’S LETTER WHEREAS, on August 9, 2005 by Resolution No. 2005-071, the City Council of the City of Atascadero (the ”City”), State of California, in accordance with and pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), established the City of Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (the “District”); and WHEREAS, on May 9, 2023, the City Council, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2023/24: FY 2023/24 Summary of Assessment Description Zone A - Amount Zone B - Amount Total Amount Estimated Annual Costs $11,261 $19,129 $30,390 Capital Reserve Collection/(Uses) $14,939 $15,873 $30,812 Levy Adjustments ($13,357) ($17,283) ($30,640) Balance to Levy (1) $12,843 $17,719 $30,562 Fiscal Year 2023/24 Maximum Rate (2) $893.34 $1,104.46 Fiscal Year 2023/24 Proposed Applied Rate (2) $342.48 $681.50 (1) Total Levy Amount is rounded up to the nearest dollar. (2) Rates above are per Equivalent Benefit Unit. I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1982 Act. City Engineer ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 141 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 2 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), proposed to form and levy special benefit assessments for the district designated as: Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as De Anza Estates, Tract 2498 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for Fiscal Year 2023/24. The City Council formed the District and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the street and storm drain improvements and facilities associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements and facilities. The annual assessments described herein will provide a funding source for the continued operation and maintenance of streets, storm drain system and appurtenant facilities installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the streets and storm drain system that provides special benefits to properties within the District. The structure of the District (organization), the improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2498; and by reference these plans and specifications are made part of 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 San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District’s formation, the City conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District and ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 142 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 3 levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein; therefore, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. The assessments for Fiscal Year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, a Report shall be prepared and presented to the City Council describing any changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 143 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 4 3. PLANS AND SPECIFICATIONS 3.1 Benefiting Properties within the District The territory within the District consists of the lots, parcels and subdivisions of land within the proposed residential subdivision known as the De Anza Estates, Tract 2498, which encompasses an area of land totaling approximately seventy-six acres (75.84 acres). This subdivision includes twenty-six (26) Single-Family Residential Units and sixty (60) Modified Housing/Senior Housing Units. The subdivision is situated in the northern portion of the City of Atascadero northeast of Highway 101 and is generally located: • At the North end of El Camino Real; • North and East of U.S. HWY 101; and, • South and West of the Salinas River. 3.2 Funding Authorized by the 1982 Act As generally defined by the Benefit Assessment Act of 1982 and applicable to this District, the City may impose a benefit assessment to finance the maintenance and operation costs of the following services: • Drainage and Flood Control; • Streets and Roads. In addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements, the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction or replacement of drainage and flood control facilities as well as the street and road improvements (with some limitations). While such activities are permitted under the 1982 Act, the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages, the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments would not be reasonable. If such funding becomes necessary, the City may present a new or increased assessment to the property owners to support the projects. 3.3 Description of Improvements and Services The purpose of this District is to fund the activities necessary to maintain and service the local streets and the drainage and flood control systems constructed and installed in connection with development of properties within the residential subdivision known as (De Anza Estates), Tract 2498 pursuant to approved development plans and agreements. The improvements may consist of all or a portion of the public streets, drainage and flood control facilities associated with Tract 2498 and the maintenance of these improvements may include but are not limited to the materials, equipment, labor, and incidental expenses deemed necessary to keep these improvements in satisfactory condition. The maintenance of the improvements and related activities shall be funded entirely or partially through the District assessments. The District improvements and services are generally described as: • Street maintenance that may include but is not limited to the repair and servicing of street surfaces, curbs, gutters, bridges, driveway approaches, sidewalks, barricades, delineation, signage ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 144 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 5 or other facilities within the public street rights-of-way installed in connection with the development of properties in Tract 2498 and that have been dedicated to the City; • Storm drain and flood control maintenance that may include but is not limited to inspection, repair and servicing of drainage basins, inlets, catch basins, manholes, outlets, drywells, pumps, filters and storm drain pipes installed in connection with the development of properties of Tract 2498 as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties including waste water treatment; • The appurtenant, equipment, materials and service contracts related to the aforementioned improvements and facilities; • Specifically excluded are those improvements or facilities: located on private property or common areas; that may be provided or maintained by an agency other than the City; that may be provided by another assessment or tax levied by the City; or that may be provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. 3.3.1 STREET MAINTENANCE The street maintenance program may include, but is not limited to: the repair of potholes, cracks or other failures in the asphalt surface; repair or replacement of curbs, gutters, driveway approaches and sidewalks as required as part of maintaining the streets; repair or installation of street signs, barricades, fencing or other delineation; mechanized sweeping and cleaning of the streets and gutters; slurry sealing, overlays and re-striping of the street surfaces. The specific activities and timing of various street and road maintenance services shall be determined by the City’s Public Works Department as necessary to extend the life of the streets or to improve traffic circulation and safety as available funding permits. Specifically, the street improvements for this District are identified as: • Approximately 66,000 square feet of asphalt street surface located on the interior streets of the development identified as El Camino Real north of the Upper Bridge Crossing; Ferrocarril Road from the Graves Creek Bridge northeast to the end of Tract 2498; and De Anza Court. • Approximately 5,700 linear feet of curb and gutter along El Camino Real, Ferrocarril Road, and De Anza Court, 26 driveway approaches and various street signs within the District; • Two bridges identified as the Upper Bridge Crossing (located on El Camino Real at the entryway to the tract) and the Graves Creek Bridge (located on Ferrocarril Road located at the entryway to the senior housing development); • Specifically not included as part of the street maintenance program are the costs associated with major replacements or reconstruction. Although the District assessments will provide funding for regular maintenance and servicing of the improvements that will extend the useful life of the ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 145 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 6 street improvements, the assessments are not intended to fund major replacements or reconstruction of the street surfaces or adjacent improvements such as curbs, gutters or driveway approaches. The costs of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt; and replacement of curbs, gutters driveway approaches and sidewalks is significantly more than the amount that can reasonably be collected annually under the provisions of the 1982 Act. When such repairs or activities are deemed necessary, the City will consider various financing options including new or increased assessments for property owner approval. Also not included as part of the street maintenance program are the street improvements within the senior housing development (street improvements southwest of the Graves Creek Bridge). The street improvements and facilities within the senior housing development shall be maintained and funded through a Homeowner’s Association or similar entity. The Public Works Department shall authorize the operational activities and maintenance of the public street and right-of-way improvements, facilities and services that may include, but are not limited to: • Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters; • Annual inspection of street surface and repair of potholes and surface cracks as needed; • Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once every five years); • Periodic re-striping of traffic lanes, bike lanes, street parking areas, crosswalks and intersections (typically in conjunction with slurry or overly activities); • Graffiti abatement of public improvements within the street rights-of-way that are maintained by the District including but not limited to sandblasting, repainting and repair of fences, walls, barricades, sidewalks and signage as needed; • Annual inspection and periodic repair or replacement of decorative street- pavers as needed; • Annual inspection and minor repairs of curbs, gutters, driveway approaches and sidewalks including partial segment replacements as needed to ensure pedestrian and vehicle safety or the integrity of the street; • Annual inspection and periodic repair or rehabilitation of street signs and traffic control devices; • Annual inspection and repair of barricades, street-fencing, delineation or retaining walls within the street rights-of-way as needed. A portion of the services described above are not performed on an annual basis but rather on a periodic basis, such as slurry sealing or overlaying the asphalt streets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent when sufficient funds have been accumulated to perform the services deemed necessary by the City (approximately every five years). This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 146 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 7 3.3.2 STORM DRAIN AND FLOOD CONTROL MAINTENANCE The storm drain and flood control system associated with the District may include but is not limited to: drainage basins and bio-filters; channel ways; storm drain inlets, catch basins, manholes, outlets; drywells, pumps, filters and pipes. The storm drain system to be maintained primarily involves on-site facilities (within the District boundaries) but may also include off-site improvements such as water treatment equipment, facilities or services mandated or required by Federal, State or County regulations for water pollution control. The annual assessments for this District are intended to support a storm drain and flood control maintenance program that will adequately regulate and control storm water runoff resulting from the development of properties within the District. This maintenance program may include but is not limited to: inspection and documentation of the system; cleaning, servicing or repair of the facilities and equipment; and the partial replacement or rehabilitation of equipment and facilities. The storm drain and flood control system includes but is not limited to: • A single drainage basin of approximately 9,000 square feet; • A total of approximately three (3) inlets, catch basins, manholes or outlets located within the single-family residential portion of Tract 2498; • Approximately 200 linear feet of 24 inch storm drain pipe. The Public Works Department shall authorize and schedule the operational activities and maintenance of the storm drain and storm water pollution treatment infrastructure, facilities and services that may include, but are not limited to: • Cleaning of storm drain inlets, catch basins, manholes and pipes as needed; • Stencil maintenance and documentation of facilities as required by Federal, State or County regulations; • Cleaning and landscape maintenance of the drainage basins, bio-filter areas or channel ways as needed; • Debris removal and pest control in and around the storm drain facilities as needed; • Minor repairs and maintenance of the storm drain inlets, catch basins and outlets as needed; • Street sweeping services necessary to control debris and water flow for the storm drain system; and, • The operational costs related to NPDES compliance requirements. A portion of the services described above are not performed on an annual basis but rather on a periodic basis such as minor repairs to the storm drain inlets, catch basins and outlets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City. This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 147 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 8 4. ESTIMATE OF COSTS Zone A Zone B 2023/2024 Budget (Senior Housing) (SF-Residential) Assessment DIRECT COSTS Streets, Roads & Storm Drain Improvements Drainage Maintenance Services $0 $3,610 $3,610 Street Sweeping Services 660 990 1,650 Inspection & Operational Services - Roads, Drainage 1,664 2,496 4,160 Traffic Sign Replacement 3,200 4,800 8,000 Street Maintenance 2,992 4,488 7,480 Total Annual Direct Costs $8,516 $16,384 $24,900 ADMINISTRATION EXPENSES City Annual Administration $810 $810 $1,620 Engineer's Report & Services 1,885 1,885 3,770 Public Noticing 50 50 100 Total Administration Costs $2,745 $2,745 $5,490 TOTAL DIRECT & ADMINISTRATION COSTS $11,261 $19,129 $30,390 CAPITAL RESERVE COLLECTIONS/(USES) Collection for Street Surface Activities $6,445 $9,667 $16,111 Collection for Street Re-striping 34 52 86 Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 116 174 290 Collection for Debris Removal 0 307 307 Collection for Bridges 8,344 5,562 13,906 Collection for Storm Drain Infrastructure 0 111 111 Total Capital Reserve Collections/(Uses) $14,939 $15,873 $30,812 LEVY ADJUSTMENTS Interest Income - Improvement Fund ($6,346) ($8,764) ($15,110) Interest Income - Operating Reserve Fund (181) (249) (430) Reserve Fund Collection (Use) (6,830) (8,270) (15,100) Total Levy Adjustments ($13,357) ($17,283) ($30,640) BALANCE TO LEVY $12,843 $17,719 $30,562 DISTRICT STATISTICS Total Parcels 61 28 89 Parcels Levied 60 26 86 Total EBU (1) 37.50 26 63.50 Proposed Levy per EBU $342.48 $681.50 Maximum Levy per EBU $893.34 $1,104.46 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $6,080 $8,396 $14,476 Operational Reserve Interest 181 249 430 Surplus Transfer from Improvement Fund 12,721 17,567 30,288 Operational Reserve Collection (Use) (12,869) (17,771) ($30,640) Ending Operating Reserve Balance $6,113 $8,441 $14,554 Beginning Improvement Fund Balance $208,212 $287,532 $495,744 Improvement Fund Interest 6,346 8,764 15,110 Surplus Transfer to Operations Fund (12,721) (17,567) (30,288) Improvement Fund Collection/(Use) 12,941 17,871 30,812 Estimated Ending Improvement Fund Balance $214,778 $296,600 $511,378 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 148 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 9 5. METHOD OF ASSESSMENT 5.1 General The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation and servicing of drainage and flood control improvements as well as streets, roads and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”. Furthermore: “The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized … is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. 5.2 Benefit Analysis Each of the proposed improvements and services, and the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution. The street and storm drain improvements associated with this District were necessary and essential requirements for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such the ongoing operation, servicing and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner. Since each parcel to be assessed within the District could not have been developed in the absence of these improvements and facilities, each parcel has a direct investment in the proper maintenance of the improvements that is over and above any general benefits that may be conferred by such improvements and services. The ongoing maintenance and servicing of the District improvements is an integral part of the appearance, use and preservation of the properties within the District and such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels. The proper maintenance of streets and appurtenant facilities allows individual parcels to be used to their fullest extent by ensuring the safe and ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 149 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 10 efficient movement of people and goods to and from the benefiting properties Likewise, the maintenance and servicing of the storm drain system ensures proper water flow and control of excess water during periods of rain, which is essential to preservation and protection of private property. Together the maintenance and servicing of the streets and storm drain system contributes to a specific enhancement of each of the parcels within the District and the absence of adequate maintenance and servicing of the District improvements could eventually have a negative impact on properties within the District. Although the improvements may include public streets and storm drain facilities that connect to similar facilities outside the District boundaries, it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Any improvement or portion thereof (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However, the costs associated with installation or improvement of any off-site facilities that benefit the parcels within this District as well as other properties (shared benefit) may be allocated to the parcels within the District based on their proportional special benefit from such improvements. 5.3 Assessment Methodology The costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that 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 proposed land use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District based on similarities and differences in parcel land use. 5.3.1 ZONES OF BENEFIT: While it has been determined that the improvements to be maintained by the District are entirely a special benefit to properties within the District (No measurable general benefit), upon review of the various improvements, the location and need for such improvements and the proposed development of properties within the District it has been determined that the improvements and services that will benefit the single- family residential properties are not identical to the improvements and services that will benefit the senior housing development, although they do share in the benefit of some of the improvements. Therefore, it has been determined that two separate zones of benefit are required to appropriately allocate the costs of ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 150 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 11 maintaining the improvements and establish proportional special benefit assessments. The properties associated with the senior housing development have been identified and designated as “Zone A”, and the single-family residential properties within Tract 2498 have been identified and designated as “Zone B” based on the improvements associated with those properties. (1) Zone A (Senior Housing Portion of Tract 2489) — It has been determined that these properties benefit and shall proportionately share in the costs associated with maintaining and servicing the Upper Bridge Crossing, El Camino Real and the western portion of Ferrocarril Road leading into these properties. It has also been determined that the construction of the Graves Creek Bridge was only necessary for the development of these properties and therefore the cost to service and maintain this facility shall be entirely allocated to these properties. Conversely, the storm drain improvements that will be maintained by the City within Tract 2498 have been constructed as part of developing the twenty-six single-family residential properties and it has been determined that the senior housing properties do not receive direct and special benefit from those particular improvements. While these properties will not be assessed for the storm drain improvements, it should be noted that some storm drain facilities will be constructed as part of the senior housing development; however these improvements are not included in this District and will be provided and maintained by a Homeowner’s Association or similar entity. (2) Zone B (Single-Family Residential Portion of Tract 2498) — Along with the properties in Zone A, the single-family residential properties within Tract 2498 benefit and shall proportionately share in the costs associated with maintaining and servicing the Upper Bridge Crossing and El Camino Real. In addition, the overall development of these particular properties required the construction and installation of the street improvements on Ferrocarril Road and De Anza Court as well as the entire storm drain system to be maintained by the District. Therefore, the cost of maintaining and servicing these particular improvements shall be budgeted and allocated proportionately to only those properties in Zone B. Conversely, the construction of the Graves Creek Bridge was only necessary for the development of the senior housing and the properties within Zone B will not share in the cost of maintaining this particular facility. 5.3.2 EQUIVALENT BENEFIT UNITS: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1982 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 151 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 12 5.3.3 EBU APPLICATION BY LAND USE: (1) Single-family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”). (2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or mobile home parks). Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases, the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential property is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for the remaining units. (3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors, it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). (4) Modified Housing/Senior Housing Units — Modified Housing or Senior Housing is generally defined as residential units that would typically be classified as Condominiums or Town-homes, but have specific deed restrictions that may limit the size or use of all units within the development. This classification is not applicable to individual single-family residential parcels unless all single-family residential parcels within that particular development or subdivision have the same restrictions. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 152 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 13 (For example: One or more single-family units within a subdivision that are deed restricted as “Affordable Housing” or “Senior Housing” does not qualify for this land use classification, unless all the units within that development have the same or similar deed restrictions.) Since this classification generally involves Condominium or Town-home type properties, that are generally assigned 0.75 EBU, it has been determined that an appropriate allocation of special benefit for modified housing units or senior housing units is best represented by an assignment of 0.625 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to a single APN. (5) Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed). (6) Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise market property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single-family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.0 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). (7) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0 EBU. 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, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.; ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 153 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 14 • Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. (8) Special Cases — In many districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Modified Housing/Senior Housing Units 0.625 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 154 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 15 Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount 5.4 Assessment Range Formula Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for Fiscal Year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to the future assessments and is generally defined: • If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment. • The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for Fiscal Year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area from February to February. The Maximum Assessment rate was increased by 5.3024% for Fiscal Year 2023/24. Beginning with Fiscal Year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate is calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI is based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In January 2018, BLS introduced a new geographic area sample for the CPI. As part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco- Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. This CPI will be used going forward. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 155 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 16 apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications is permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not 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 a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 156 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 17 6. ASSESSMENT DIAGRAM The parcels within the Street and Storm Drain Maintenance District No. 03 (De Anza Estates) consist of the lots, parcels and subdivisions of land located in the residential development known as De Anza Estates, Tract 2498. The District covers approximately seventy-six acres (75.84 acres) in the northern portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 157 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 03 (De Anza) 18 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, rights-of-way, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 158 of 277 City of Atascadero Street & Storm Drain Maintenance No. 3 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Zone Benefit Units Max Assessment Levy Amount 049-044-002 755 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 $681.50 049-044-003 765 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-004 805 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-005 905 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-006 955 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-007 1025 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-008 1055 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-009 1155 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-010 1255 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-011 1305 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-012 1355 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-013 1200 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-014 1100 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-015 1000 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-016 950 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-017 860 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-018 850 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-019 870 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-020 880 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-021 705 DE ANZA CT Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-022 725 DE ANZA CT Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-023 750 DE ANZA CT Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-024 740 DE ANZA CT Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-025 720 DE ANZA CT Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-026 700 DE ANZA CT Single Family ResidenƟal B 1.0 1,104.46 681.50 049-044-033 655 N FERROCARRIL RD Single Family ResidenƟal B 1.0 1,104.46 681.50 049-046-002 503 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-003 505 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 1 of 4 04/25/2023 10:14:47AM ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 159 of 277 City of Atascadero Street & Storm Drain Maintenance No. 3 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Zone Benefit Units Max Assessment Levy Amount 049-046-004 507 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-005 509 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-006 511 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-007 513 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-008 515 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-009 517 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-010 519 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-011 521 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-012 524 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-013 526 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-014 528 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-015 530 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-016 532 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-017 534 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-018 536 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-019 538 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-020 540 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-021 542 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-022 572 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-023 574 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-024 576 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-025 578 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-026 580 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-027 582 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-028 584 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-029 586 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-030 588 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-031 590 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 2 of 4 04/25/2023 10:14:47AM ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 160 of 277 City of Atascadero Street & Storm Drain Maintenance No. 3 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Zone Benefit Units Max Assessment Levy Amount 049-046-032 592 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-033 551 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-034 553 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-035 555 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-036 557 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-037 559 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-038 561 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-039 563 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-040 565 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-041 567 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-042 595 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-043 597 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-044 599 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-045 603 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-046 605 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-047 601 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-048 609 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-049 607 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-050 610 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-051 612 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-052 614 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-053 616 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-054 618 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-055 620 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-056 622 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-057 624 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-058 626 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-059 628 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 3 of 4 04/25/2023 10:14:47AM ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 161 of 277 City of Atascadero Street & Storm Drain Maintenance No. 3 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Zone Benefit Units Max Assessment Levy Amount 049-046-060 630 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 049-046-061 501 N FERROCARRIL RD Senior Housing Units A 1.0 893.34 214.04 86.0 82,316.66 $30,561.40 86 Accounts 86.0 82,316.66 $30,561.40 86 Total Accounts Slight variances may occur due to rounding Copyright © 2013 by NBS Page 4 of 4 04/25/2023 10:14:47AM ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 3 Page 162 of 277 ITEM NUMBER: B-2 DATE: ATTACHMENT: 06/13/23 4 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE LANDSCAPING AND LIGHTING DISTRICT NO. 03 (DE ANZA ESTATES), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO IN FISCAL YEAR 2023/2024 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as the “City Council”), pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500, in connection with the proposed levy for Landscaping and Lighting District No. 03 (De Anza Estates) (hereafter referred to as the “District”) and the collection of assessments related thereto for the fiscal year starting July 1, 2023 and ending June 30, 2024; and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for the Landscaping and Lighting District No. 03 (De Anza Estates), fiscal year 2023/2024” (hereafter referred to as the “Engineer’s Report”) in accordance with the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment as well as a description of the assessment range formula that establishes the maximum assessment rate in subsequent fiscal years. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. Page 163 of 277 ITEM NUMBER: B-2 DATE: ATTACHMENT: 06/13/23 4 e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and annual assessment for fiscal year 2023/2024. SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 164 of 277 ITEM NUMBER: B-2 DATE: ATTACHMENT: 06/13/23 5 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023/2024 FOR LANDSCAPING AND LIGHTING DISTRICT NO. 03 (DE ANZA ESTATES) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Landscaping and Lighting District No. 03 (De Anza Estates) (hereafter referred to as the “District”) for fiscal year 2023/2024, said fiscal year commencing July 1, 2023 and ending June 30, 2024; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting and appurtenant facilities related thereto; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting, and appurtenant facilities related thereto; and WHEREAS, the City and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIIID of the California State Constitution. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection with the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2023 and ending June 30, 2024. Page 165 of 277 ITEM NUMBER: B-2 DATE: ATTACHMENT: 06/13/23 5 SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street lights, landscaping, parks and open space areas within the District and appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Landscaping and Lighting District No. 03 (De Anza Estates), and such money shall be expended for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Sections 22645-22647 of the Act, upon adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 166 of 277 nbsgov.com Prepared by: Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fiscal Year 2023/24 Engineer’s Report For: Landscaping and Lighting District No. 03 (De Anza Estates) May 2023 ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 167 of 277 CITY OF ATASCADERO Landscaping & Lighting District No. 03 (De Anza Estates) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Heather Moreno, Mayor Susan Funk, Mayor Pro Tem Charles Bourbeau, Council Member Mark Dariz, Council Member Heather Newsom, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Tim Seufert, Client Services Director Adina McCargo, Project Manager ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 168 of 277 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Executive Summary ........................................................................................................ 2 3. Plans and Specifications .................................................................................................. 4 3.1 Description of the District ....................................................................................... 4 3.2 Improvements and Services Authorized by the 1972 Act ....................................... 4 3.3 Description of Improvements and Services ............................................................ 5 4. Estimate of Costs ............................................................................................................ 7 5. Method of Assessment ................................................................................................... 8 5.1 General .................................................................................................................... 8 5.2 Benefit Analysis ....................................................................................................... 8 5.3 Assessment Methodology ..................................................................................... 10 5.4 Assessment Range Formula .................................................................................. 14 6. Assessment Diagram ..................................................................................................... 16 7. Assessment Roll ............................................................................................................ 17 ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 169 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 1 1. ENGINEER’S LETTER WHEREAS, on August 9, 2005, by Resolution No. 2005-074, the City Council of the City of Atascadero (the “City”), State of California, in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500 (the “1972 Act”) established the City of Atascadero Landscaping and Lighting District No. 03 De Anza Estates (the “District”); and WHEREAS, on May 9, 2023, the City Council, under the 1972 Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2023/24: FY 2023/24 Budget Summary Description Total Costs Costs Not Assessed Proposed Assessment Total Benefit Units Maximum Rate Proposed Rate Per BU Annual Maintenance $12,010 ($708) $11,302 Special Projects 7,500 0 7,500 Administration 7,150 0 7,150 Capital Reserve Collections/(Use) (886) (500) (1,386) Levy Adjustments (9,899) 1,208 (8,691) Total $15,875 $0 $15,875 63.50 $1,583.66 $250.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1972 Act. City Engineer ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 170 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 2 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as “Article XIIID”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), executed the proceedings required for the establishment of the special benefit assessment district designated as: Landscaping and Lighting District No. 03 (De Anza Estates) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as De Anza Estates, Tract 2498 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for Fiscal Year 2023/24, as required pursuant to Chapter 1, Article 4 of the 1972 Act. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the landscaping and lighting improvements associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provisions of Article XIIID. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements. The annual assessments will provide a funding source for the continued operation and maintenance of public landscaping and lighting improvements installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The boundaries of the District, the proposed improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2498; and by reference these plans and specifications are made part of 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 San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of the District formation, the City of Atascadero conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing on August 9, 2005 to consider public testimonies, comments and written protests ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 171 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 3 regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. Tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. The assessments for Fiscal Year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent 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 and 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 ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 172 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 4 3. PLANS AND SPECIFICATIONS 3.1 Description of the District The territory within the District consists of the lots, parcels and subdivisions of land within the proposed residential subdivision known as the De Anza Estates, Tract 2498, which encompasses an area of land totaling approximately seventy-six acres (75.84 acres). This subdivision is planned to include twenty-six (26) Single-Family Residential Units and sixty (60) Modified Housing/Senior Housing Units at build-out. The planned subdivision is situated in the northern portion of the City of Atascadero northeast of Highway 101 and is generally located: • At the North end of El Camino Real; • North and East of U.S. HWY 101; and, • South and West of the Salinas River. 3.2 Improvements and Services Authorized by the 1972 Act As generally defined by the 1972 Act and applicable to this District, the improvements and associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not limited to street lights and traffic signals; 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 5) The installation of park or recreational improvements, including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b) Lights, playground equipment, play courts, and public restrooms. 6) The acquisition of land for park, recreational, or open-space purposes or any existing improvement otherwise authorized pursuant to this section. 7) The maintenance or servicing, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 173 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 5 e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; f) Costs associated with any elections held for the approval of a new or increase assessment. 3.3 Description of Improvements and Services The purpose of this District is to ensure the ongoing maintenance, operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District. The improvements may consist of all or a portion of the public landscaped areas, street lighting and appurtenant facilities within and adjacent to the District (Tract 2498). These improvements generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or rights-of-way constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The improvements to be maintained and funded entirely or partially through the District assessments are generally described as: • Streetscape landscaping including street trees located on the perimeter of the development and interior streets of Tract 2498 that are within the public rights-of-way or easements and dedicated to the City for maintenance; • Open space areas and fuel modification areas within or adjacent to the District boundaries; • Park areas, recreational equipment, trails and landscaped drainage facilities developed and constructed as part of developing properties within Tract 2498; • Specifically not included as District improvements are those improvements located on private property, improvements and facilities that may be provided or maintained by an agency other than the City; improvements and facilities that may be provide by another assessment or tax levied by the City or any improvement provided and maintained by a Homeowner’s Association or similar entity. • Public lighting facilities including street lighting, safety lighting and ornamental lighting installed as part of the residential development or landscaped improvement areas; • Appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements; • Specifically not included as District improvements are those improvements located on private property, improvements and facilities that may be provided or maintained by an agency other than the City; ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 174 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 6 improvements and facilities that may be provide by another assessment or tax levied by the City or any improvement provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. 3.3.1 LANDSCAPE IMPROVEMENTS The landscape improvements for the District may include, but are not limited to turf, ground cover, shrubs and plants, trees, irrigation and drainage systems, ornamental lighting, masonry walls or other fencing, hardscape improvements, monuments, and associated appurtenant facilities located within the landscape easements or public rights-of-way. Specifically the landscape improvement areas for this District are identified as: • Approximately 43,560 square feet of streetscape (parkway embankment) landscaping within the public rights-of-way located on El Camino Real within the boundaries of Tract 2498; • An estimated 150 trees, including trees within the landscaped area on El Camino Real, various trees within the open space area and the street trees within the street right-of-way on Ferrocarril Road; • Approximately 175,550 square feet (4.03 acres) of landscaped area in and around the two (2) drainage basins within Tract 2498; • Approximately fifty-one (51) acres of non-irrigated open space area; • Approximately 48,000 square feet of paved and unpaved trails; and 2,600 linear feet of steel rail fencing along the trail system and landscaped areas. 3.3.2 PUBLIC LIGHTING IMPROVEMENTS The approved development plans for Tract 2498 do not include any proposed streetlight facilities. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 175 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 7 4. ESTIMATE OF COSTS BUDGET Total Budget Costs Not Assessed 2023/24 Assessment DIRECT COSTS Annual Costs Landscape Services $6,500 ($708) $5,792 Landscape Supplies 600 0 600 Landscape Utilities 1,400 0 1,400 City Landscape Services 3,460 0 3,460 Other Maintenance Services 50 0 50 Total Annual Direct Costs $12,010 ($708) $11,110 CAPITAL EXPENDITURES Special Projects $7,500 $0 $7,500 Total Annual Special Projects $7,500 $0 $7,500 ADMINISTRATION EXPENSES Annual Administration Expenses City Annual Administration $2,270 $0 $2,270 Engineer's Report & Services 4,530 0 4,530 Public Noticing 350 0 350 Total Administration $7,150 $0 $7,150 TOTAL DIRECT & ADMINISTRATION COSTS $26,660 ($708) $25,760 CAPITAL RESERVE COLLECTIONS/(USES) Landscape Rehabilitation/Replacement $762 $0 $762 Trail and Pathway Rehabilitation/Replacement 1,000 (500) 500 Park and Open Space Rehabilitation/Replacement 707 0 707 Tree Rehabilitation/Replacement (6,293) 0 (6,293) Park Rehabilitation/Replacement 2,938 0 2,938 Total Annual Capital Reserve Collections/(Uses) ($886) ($500) ($1,386) LEVY ADJUSTMENTS Interest Income - Improvement Fund ($3,022) $0 ($3,022) Interest Income - Operating Reserve Fund (398) 0 (398) Contribution from Other Sources (1,208) (1,208) 0 Reserve Collection/(Use) (5,271) 0 (5,271) Total Levy Adjustments (9,899) ($1,208) ($8,691) BALANCE TO LEVY $15,875 $0 $15,875 DISTRICT STATISTICS Total Parcels 89 Parcels Levied 86 Total EBU (1) 63.50 Levy per EBU $250.00 Maximum Levy per EBU $1,583.66 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $11,633 Operational Reserve Interest 398 Surplus Transfer from Improvement Fund 9,398 Operational Reserve Collection/(Use) (8,691) Estimated Ending Operating Reserve Balance $ 12,738 Beginning Improvement Fund Balance $105,430 Improvement Fund Interest 3,022 Surplus Transfer to Operations Fund (9,398) Improvement Fund Collection/(Use) ($886) Estimated Ending Improvement Fund Balance $98,168 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 176 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 8 5. METHOD OF ASSESSMENT 5.1 General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. 5.2 Benefit Analysis Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and Article XIIID. The improvements provided by this District and for which properties will be assessed have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such, these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District. Any improvement or portion thereof that is considered to be of general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within the District. 5.2.1 SPECIAL BENEFIT The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting and well-maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties. • Enhanced adaptation of the urban environment within the natural environment from adequate green ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 177 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 9 space and landscaping. • Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. • Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. • Enhanced quality of life through well-maintained green space and landscaped areas. • Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting and other public lighting facilities are the convenience, safety, and security of property, improvements, and goods. Specifically: • Enhanced deterrence of crime and the aid to police protection. • Increased nighttime safety on roads, streets and public areas. • Improved ability of pedestrians and motorists to see. • Improved ingress and egress to property. • Reduced vandalism and other criminal act and damage to improvements or property. • Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. 5.2.2 GENERAL BENEFIT Upon reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing, constructing and maintaining such improvements, it is evident that the properties within the District receive special benefit from those improvements. While the District improvements clearly include public areas, easements, rights-of-way and other amenities available or visible to the public at large, the landscaped areas, trails, detention basin as well as the need to increase maintenance activities within the open space areas resulted solely from the development of properties within the District and would otherwise not have been required nor necessarily desired by any properties or developments outside the District and any public access or use of the improvements by others is incidental. Therefore, it has been determined that these improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large. However, while this development has facilitated a need for increased maintenance of the open space area associated with Tract 2498, it is also recognized that land conservation and ensuring adequate open space areas within the City does have some indirect, but not quantifiable, benefit to the community at large. Therefore, while the entire cost to maintain the open space area as well as the Horse Arena facility have been incorporated into the District budget, the annual cost to maintain the arena and a portion of the ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 178 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 10 open space area are not included in the proposed special benefit assessments. Should the City require maintenance of these areas, the associated costs will be funded by other revenue sources available to the City. 5.3 Assessment Methodology The method of apportionment for the 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. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that 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 proposed land use of each property as compared to other parcels that benefit from those specific improvements. To identify and determine the special benefit to be received by each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the planned improvements as well as individual property development within the District. Upon review of the proposed improvements it has been determined that each of the residential parcels within the District receives special benefits from the improvements to be funded by annual assessments and based on the planned property development a single zone of benefit is appropriate for the allocation of the assessments and proportional benefit. 5.3.1 EQUIVALENT BENEFIT UNITS: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1972 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single- family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. 5.3.2 EBU APPLICATION BY LAND USE: (1) Single-family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.00 EBU per lot or parcel. This is the base value ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 179 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 11 that the other properties are compared and weighted against regarding special benefit. (2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or mobile home parks). Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for remaining units. (3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors, it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). (4) Modified Housing/Senior Housing Units — Modified Housing or Senior Housing is generally defined as residential units that would typically be classified as Condominiums or Town-homes, but have specific deed restrictions that may limit the size or use of all units within the development. This classification is not applicable to individual single-family residential parcels unless all single-family residential parcels within that particular development or subdivision have the same restrictions. (For example: One or more single-family units within a subdivision that are deed restricted as “Affordable Housing” or “Senior Housing” does not qualify for this land use classification, unless all the units within that development have the same or similar deed restrictions.) Since this classification generally involves Condominium or Town-home type properties, that are generally ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 180 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 12 assigned 0.75 EBU, it has been determined that an appropriate allocation of special benefit for modified housing units or senior housing units is best represented by an assignment of 0.625 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to a single APN. (5) Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed). (6) Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise market property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single-family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.00 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in excess of 25 acres are assigned 25.00 EBU). Parcels less than one acre, shall be assigned a minimum of 1.00 EBU (similar to a vacant lot within a residential tract). (7) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00 EBU. 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, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District; • Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use; ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 181 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 13 These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels’ current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. (8) Special Cases — In many districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Modified Housing/Senior Housing Units 0.625 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 182 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 14 5.4 Assessment Range Formula Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for Fiscal Year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to future assessments and is generally defined: • If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment. • The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for Fiscal Year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland- Hayward Area from February to February. The Maximum Assessment rate was increased by 5.3024% for Fiscal Year 2023/24. Beginning with Fiscal Year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate is recalculated and a new Maximum Assessment Rate is established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate has been calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI is based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In January 2018, BLS introduced a new geographic area sample for the CPI. As part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. This CPI will be used going forward. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 183 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 15 special benefit assigned to a land use classifications are permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not 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 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 a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 184 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 16 6. ASSESSMENT DIAGRAM The parcels within the Landscaping and Lighting District No. 03 De Anza Estates consist of the lots, parcels and subdivisions of land located in the planned residential development known as De Anza Estates, Tract 2498. The District covers approximately seventy-six acres (75.84 acres) in the northern portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 185 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 17 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, rights-of-way, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 186 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 3 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 049-044-002 755 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-003 765 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-004 805 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-005 905 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-006 955 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-007 1025 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-008 1055 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-009 1155 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-010 1255 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-011 1305 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-012 1355 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-013 1200 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-014 1100 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-015 1000 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-016 950 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-017 860 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-018 850 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-019 870 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-020 880 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-021 705 DE ANZA CT Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-022 725 DE ANZA CT Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-023 750 DE ANZA CT Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-024 740 DE ANZA CT Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-025 720 DE ANZA CT Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-026 700 DE ANZA CT Single Family ResidenƟal 1.00 1,583.67 250.00 049-044-033 655 N FERROCARRIL RD Single Family ResidenƟal 1.00 1,583.67 250.00 049-046-002 503 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-003 505 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-004 507 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-005 509 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 1 of 3 04/25/2023 10:58:43AM ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 187 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 3 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 049-046-006 511 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-007 513 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-008 515 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-009 517 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-010 519 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-011 521 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-012 524 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-013 526 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-014 528 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-015 530 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-016 532 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-017 534 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-018 536 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-019 538 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-020 540 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-021 542 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-022 572 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-023 574 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-024 576 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-025 578 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-026 580 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-027 582 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-028 584 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-029 586 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-030 588 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-031 590 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-032 592 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-033 551 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-034 553 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-035 555 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-036 557 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-037 559 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-038 561 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-039 563 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-040 565 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-041 567 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-042 595 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-043 597 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-044 599 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-045 603 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-046 605 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-047 601 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 2 of 3 04/25/2023 10:58:43AM ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 188 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 3 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 049-046-048 609 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-049 607 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-050 610 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-051 612 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-052 614 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-053 616 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-054 618 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-055 620 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-056 622 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-057 624 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-058 626 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-059 628 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-060 630 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 049-046-061 501 N FERROCARRIL RD Senior Housing Units 0.63 989.79 156.25 63.50 100,562.97 15,875.0086 Accounts 63.50 100,562.97 $15,875.00 86 Total Accounts Slight variances may occur due to rounding Copyright © 2013 by NBS Page 3 of 3 04/25/2023 10:58:43AM ITEM NUMBER: B-2 DATE: 06/13/23 ATTACHMENT: 6 Page 189 of 277 ITEM NUMBER: B-3 DATE: 06/13/23 Atascadero City Council Staff Report – Administrative Services Department Las Lomas (Woodridge) Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A, approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 02 (Las Lomas [Woodridge]), and the levy and collection of annual assessments related thereto for Fiscal Year 2023/2024; and 2. Adopt Draft Resolution B, ordering the levy and collection of assessments for Fiscal Year 2023/2024 for Street and Storm Drain Maintenance District No. 02 (Las Lomas [Woodridge]); and 3. Adopt Draft Resolution C, approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 02 (Las Lomas [Woodridge]), and the levy and collection of annual assessments related thereto in Fiscal Year 2023/2024; and 4. Adopt Draft Resolution D, ordering the levy and collection of assessments for Fiscal Year 2023/2024 for Landscaping and Lighting District No. 02 (Las Lomas [Woodridge]). DISCUSSION: The City Council formed and began assessing Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in 2005. This district was formed to provide funding for future routine maintenance of the streets, storm drains and sidewalks in the Woodridge (Las Lomas) subdivision. The City Council also formed and began assessing Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) in 2005. This district was formed to provide for funding and maintenance of street trees, open space, park area, medians, walkways, paths and other landscape and lighting improvements within the Woodridge subdivision. The Woodridge subdivision is now known as Las Lomas. The Assessment Districts were formed and named when the area was known as the Woodridge development. All references to Woodridge are now understood to mean the development known as Las Lomas. Page 190 of 277 ITEM NUMBER: B-3 DATE: 06/13/23 NBS, an independent financial consultant, was hired to prepare the engineer’s reports for the two districts. The engineer’s reports and the levies must be approved by Council annually. This is done in a two-step process. Last month, three resolutions for each district (a total of 6 resolutions in all) were passed to begin the process of continuing the levies. At that time, the engineer’s reports were preliminarily approved, proceedings were initiated for the levy, and the date of tonight’s public hearing was established. The resolutions that are before the Council tonight are for the final approval of the Engineer’s Reports and for the approval of the annual levies. The proposed assessments for fiscal year 2023/2024 are less than the Maximum Assessment Rate. In accordance with the formula voters of the district adopted in 2005, the City may increase the Maximum Assessment Rate for inflation by the greater of the Consumer Price Index (CPI) or 3.0%. The Maximum Assessment Rate was increased by 5.3% (CPI) this year for both districts. An Assessment Information Notice was mailed to all property owners on April 12, 2023. The notice provided city staff contact information for questions and comments, dates for the related Council meetings, information on how to participate in the meeting, and the proposed and current levies for both districts. The Landscaping and Lighting District levy is about 14% of the allowable maximum annual assessment and the Street and Strom Drain District is about 48% of the allowable maximum annual assessment. There is no proposed increase for the Street and Storm Drain District. An increase of 5.3%, by the Consumer Price Index (CPI), is being proposed for the Landscape and Lighting District, per Equivalent Benefit Unit (EBU). The Landscape and Lighting District is experiencing increased costs due to the aging landscape, increases in utilities (water and electricity), and increases in labor costs for the landscape maintenance contractor. City staff works to maximize efficiencies and minimize levy increases. City staff expect modest levy increases in future years in order to continue providing the existing service levels At the direction of the homeowners in attendance at meetings held December 14, 2017, and April 11, 2018, the City staff set the levy for the Street and Storm Drain (SSD) Benefit Assessment District at an amount that will cover short-term maintenance, but will not be sufficient for long-term maintenance and repair. This Assessment District levy amount is sufficient only for the annual operating costs and a periodic surface treatment (slurry seal) of the roads. As discussed at the afore mentioned meetings and the Public Hearings, Neighborhood meetings, and Annual Notices since, these funds will only be enough to cover road maintenance costs through fiscal year 2032/33. Beyond that time, the roads will require more in-depth road rehabilitation projects that will require significant funding. The estimated cost of that work is just under $1,000,000 using current dollars, and is the financial obligation of the residents of the Benefit Assessment District. As 2034 approaches, a bond issue or other financing mechanism will need to be approved and paid for by the residents to Page 191 of 277 ITEM NUMBER: B-3 DATE: 06/13/23 fund the longer-term improvements needed to maintain the District. This information was included in the Assessment Information Notice that was mailed to the property owners. To further ensure that property owners and prospective buyers are advised of these future road expenses, staff proposes to record the attached “Notice of Assessment” (Attachment 7) on each of the parcels in the District. This Notice will be an additional way to make sure that all interested parties are aware of the financial obligation for future road maintenance costs in addition to the assessment that is being considered with this staff report. FISCAL IMPACT: Annual assessments for 2023/2024 will total $99,189 for road/drainage system maintenance and $74,160 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Las Lomas (Woodridge). The City General Fund will contribute $2,600 for the fiscal year 2023/2024 for 25% of the maintenance costs of the trails and open space. ATTACHMENTS: 1. Draft Resolution A 2. Draft Resolution B 3. Engineer’s Annual Levy Report - Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas) 4. Draft Resolution C 5. Draft Resolution D 6. Engineer’s Annual Levy Report - Landscaping and Lighting District No. 02 – Woodridge (Las Lomas) 7. Notice of Assessment Page 192 of 277 ITEM NUMBER: B-3 DATE: ATTACHMENT: 06/13/23 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (LAS LOMAS [WOODRIDGE]), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as “City Council”), pursuant to the provisions the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with the Act in connection with Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the “District”) and the proposed levy and collection of assessments related thereto for fiscal year 2023/2024, said fiscal year starting July 1, 2023 and ending June 30, 2024; and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Street and Storm Drain Maintenance District No. 02 (Woodridge), fiscal year 2023/2024” (hereafter referred to as “Engineer’s Report”) in accordance with the Act; and WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and the assessment for fiscal year 2023/2024. Page 193 of 277 ITEM NUMBER: B-3 DATE: ATTACHMENT: 06/13/23 1 SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 194 of 277 ITEM NUMBER: B-3 DATE: ATTACHMENT: 06/13/23 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023/2024 FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (LAS LOMAS [WOODRIDGE]) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings to levy special benefit assessments against parcels of land within Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2023 and ending June 30, 2024; pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”) to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and WHEREAS, the City Council conducted in May 2005 a property owner protest ballot proceeding for the District assessments proposed to be levied and majority protest of the assessments described in the Engineer’s Report did not exist pursuant to the provisions of the California State Constitution Article XIIID. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection therewith; the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The District includes the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible Page 195 of 277 ITEM NUMBER: B-3 DATE: ATTACHMENT: 06/13/23 2 parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street right-of-way improvements and storm drain facilities within the District and the appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Street and Storm Drain Maintenance District No. 02 (Woodridge), and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the establishment of the maximum assessment rate described in the Engineer’s Report and the levy of assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Section 54718 of the Act, upon adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 196 of 277 nbsgov.com Prepared by: Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fiscal Year 2023/24 Engineer’s Report For: Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) May 2023 ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 197 of 277 CITY OF ATASCADERO Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Heather Moreno, Mayor Susan Funk, Mayor Pro Tem Charles Bourbeau, Council Member Mark Dariz, Council Member Heather Newsom, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Adina McCargo, Project Manager Tim Seufert, Client Services Director ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 198 of 277 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Executive Summary ........................................................................................................ 2 3. Plans and Specifications .................................................................................................. 4 3.1 Benefiting Properties within the District ................................................................ 4 3.2 Funding Authorized by the 1982 Act ....................................................................... 4 3.3 Description of Improvements and Services ............................................................ 4 4. Estimate of Costs ............................................................................................................ 8 5. Method of Assessment ................................................................................................... 9 5.1 General .................................................................................................................... 9 5.2 Benefit Analysis ....................................................................................................... 9 5.3 Assessment Methodology ..................................................................................... 10 5.4 Assessment Range Formula .................................................................................. 13 6. Assessment Diagram ..................................................................................................... 16 7. Assessment Roll ............................................................................................................ 17 ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 199 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 1 1. ENGINEER’S LETTER WHEREAS, on March 24, 2005 by Resolution No. 2005-048, the City Council of the City of Atascadero (the ”City”), State of California, in accordance with and pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), established the City of Atascadero Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) (the “District”); and WHEREAS, on May 9, 2023 the City Council, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2023/24: FY 2023/24 Summary of Assessment Description Amount Estimated Annual Costs $22,190 Capital Reserve Collection/(Uses) 114,270 Levy Adjustments (37,271) Balance to Levy $99,189 Fiscal Year 2023/24 Maximum Rate $900.10 Fiscal Year 2023/24 Proposed Applied Rate $428.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1982 Act. City Engineer ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 200 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 2 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), proposed to form and levy special benefit assessments for the district designated as: Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Las Lomas (Woodridge), Tract 2525-1 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for Fiscal Year 2023/24. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the street and storm drain improvements and facilities associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements and facilities. The annual assessments described herein will provide a funding source for the continued operation and maintenance of streets, storm drain system and appurtenant facilities installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the streets and storm drain system that provides special benefits to properties within the District. The structure of the District (organization), the improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2525-1; and by reference these plans and specifications are made part of 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 San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District’s formation, the City conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District and ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 201 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 3 levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein; therefore, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. The assessments for Fiscal Year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, a Report shall be prepared and presented to the City Council describing any changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 202 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 4 3. PLANS AND SPECIFICATIONS 3.1 Benefiting Properties within the District The territory within the District consists of the lots, parcels and subdivisions of land within the residential subdivision known as the Las Lomas (Woodridge), Tract 2525-1, which encompasses an area of land totaling approximately one hundred and eleven acres (111.20 acres). This residential subdivision includes one hundred forty-three (143) single-family residential units; thirty- five (35) condominium/senior housing units; and a single, one hundred (100) unit multi-family residential project at build-out. Due to parcel splits the multi-family residential project is spread over three parcels. The planned subdivision is situated in the southeast portion of the City of Atascadero and is generally located: • South and east of Halcon Road; • East of Highway 101 and El Camino Real • South and west of the Southern Pacific Railroad Tracks; and • North of Salinas Road and Santa Cruz Road 3.2 Funding Authorized by the 1982 Act As generally defined by the Benefit Assessment Act of 1982 and applicable to this District, the City may impose a benefit assessment to finance the maintenance and operation costs of the following services: • Drainage and Flood Control; • Streets and Roads. In addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements, the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction or replacement of drainage and flood control facilities as well as the street and road improvements (with some limitations). While such activities are permitted under the 1982 Act, the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages, the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments would not be reasonable. If such funding becomes necessary, the City may present a new or increased assessment to the property owners to support the projects. 3.3 Description of Improvements and Services The purpose of this District is to fund the activities necessary to maintain and service the local streets and the drainage and flood control systems constructed and installed in connection with development of properties within the residential subdivision known as Las Lomas (Woodridge), Tract 2525-1 pursuant to approved development plans and agreements. The improvements may consist of all or a portion of the public streets, drainage and flood control facilities associated with Tract 2525-1 and the maintenance of these improvements may include but are not limited to the materials, equipment, labor, and incidental expenses deemed necessary to keep these improvements in satisfactory condition. The maintenance of the improvements and related activities shall be funded entirely or partially through the District assessments. Not ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 203 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 5 all improvements have been fully accepted by the City. It is anticipated that will occur within the next fiscal year at which time the costs of maintenance for those improvements will be charged to the district. The District improvements and services are generally described as: • Street maintenance that may include but is not limited to the repair and servicing of street surfaces, curbs, gutters, bridges, driveway approaches, sidewalks, barricades, delineation, signage or other facilities within the public street rights-of-way installed in connection with the development of properties in Tract 2525-1 and that have been dedicated to the City; • Storm drain and flood control maintenance that may include but is not limited to inspection, repair and servicing of drainage basins, inlets, catch basins, manholes, outlets, drywells, pumps, filters and storm drain pipes installed in connection with the development of properties of Tract 2525-1 as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties including waste water treatment; • The appurtenant, equipment, materials and service contracts related to the aforementioned improvements and facilities; • Specifically excluded are those improvements or facilities: located on private property or common areas; that may be provided or maintained by an agency other than the City; that may be provided by another assessment or tax levied by the City; or that may be provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. STREET MAINTENANCE The street maintenance program may include, but is not limited to: the repair of potholes, cracks or other failures in the asphalt surface; repair or replacement of curbs, gutters, driveway approaches and sidewalks as required as part of maintaining the streets; repair or installation of street signs, barricades, fencing or other delineation; mechanized sweeping and cleaning of the streets and gutters; slurry sealing, overlays and re-striping of the street surfaces. The specific activities and timing of various street and road maintenance services shall be determined by the City’s Public Works Department as necessary to extend the life of the streets or to improve traffic circulation and safety as available funding permits. Specifically, the street improvements for this District are identified as: • Approximately 290,610 square feet of asphalt street surface located on the various interior streets identified as Calle Milano, Eliano Street, Via Cielo, Avion Road, Alcotan Lane, and Azor Lane; • Approximately 13,750 linear feet of curb and gutter along Calle Milano, Eliano Street, Via Cielo, Avion Road, Alcotan Lane, and Azor Lane; • Approximately 1,480 linear feet of curb and gutter in and around the median islands on Calle Milano and at Via Cielo; ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 204 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 6 • Approximately 145 driveway approaches, 45,264 square feet of sidewalks and various street signs within the District; • Specifically not included as part of the street maintenance program are the costs associated with major replacements or reconstruction. Although the District assessments will provide funding for regular maintenance and servicing of the improvements that will extend the useful life of the street improvements, the assessments are not intended to fund major replacements or reconstruction of the street surfaces or adjacent improvements such as curbs, gutters or driveway approaches. The costs of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt; and replacement of curbs, gutters driveway approaches and sidewalks is significantly more than the amount that can reasonably be collected annually under the provisions of the 1982 Act. When such repairs or activities are deemed necessary, the City will consider various financing options including new or increased assessments for property owner approval. The Public Works Department shall authorize the operational activities and maintenance of the public street and right-of-way improvements, facilities and services that may include, but are not limited to: • Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters; • Annual inspection of street surface and repair of potholes and surface cracks as needed; • Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once every five years); • Periodic re-striping of traffic lanes, bike lanes, street parking areas, crosswalks and intersections (typically in conjunction with slurry or overly activities); • Graffiti abatement of public improvements within the street rights-of-way that are maintained by the District including but not limited to sandblasting, repainting and repair of fences, walls, barricades, sidewalks and signage as needed; • Annual inspection and periodic repair or replacement of decorative street- pavers as needed; • Annual inspection and minor repairs of curbs, gutters, driveway approaches and sidewalks including partial segment replacements as needed to ensure pedestrian and vehicle safety or the integrity of the street; • Annual inspection and periodic repair or rehabilitation of street signs and traffic control devices; • Annual inspection and repair of barricades, street-fencing, delineation or retaining walls within the street rights-of-way as needed. A portion of the services described above are not performed on an annual basis but rather on a periodic basis, such as slurry sealing or overlaying the asphalt streets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent when sufficient funds have been accumulated to perform the services deemed necessary by the City (approximately every five years). This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 205 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 7 STORM DRAIN AND FLOOD CONTROL MAINTENANCE The storm drain and flood control system associated with the District may include but is not limited to: drainage basins and bio-filters; channel ways; storm drain inlets, catch basins, manholes, outlets; drywells, pumps, filters and pipes. The storm drain system to be maintained primarily involves on-site facilities (within the District boundaries) but may also include off-site improvements such as water treatment equipment, facilities or services mandated or required by Federal, State or County regulations for water pollution control. The annual assessments for this District are intended to support a storm drain and flood control maintenance program that will adequately regulate and control storm water runoff resulting from the development of properties within the District. This maintenance program may include but is not limited to: inspection and documentation of the system; cleaning, servicing or repair of the facilities and equipment; and the partial replacement or rehabilitation of equipment and facilities. The storm drain and flood control system includes but is not limited to: • Approximately 175,550 square feet of drainage basin area; • Twenty-four (24) inlets, outlets and manholes located throughout Tract 2525-1; • Approximately 4,965 linear feet of storm drain pipe ranging from 18 inches to 36 inches in diameter. The Public Works Department shall authorize and schedule the operational activities and maintenance of the storm drain and storm water pollution treatment infrastructure, facilities and services that may include, but are not limited to: • Cleaning of storm drain inlets, catch basins, manholes and pipes as needed; • Stencil maintenance and documentation of facilities as required by Federal, State or County regulations; • Cleaning and landscape maintenance of the drainage basins, bio-filter areas or channel ways as needed; • Debris removal and pest control in and around the storm drain facilities as needed; • Minor repairs and maintenance of the storm drain inlets, catch basins and outlets as needed; • Street sweeping services necessary to control debris and water flow for the storm drain system; and, • The operational costs related to NPDES compliance requirements. A portion of the services described above are not performed on an annual basis but rather on a periodic basis such as minor repairs to the storm drain inlets, catch basins and outlets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City. This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 206 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 8 4. ESTIMATE OF COSTS Budget 2023/24 Assessment DIRECT COSTS Streets, Roads & Storm Drain Improvements Street Maintenance $8,350 Drainage Maintenance Services 3,720 Inspection & Operational Services - Roads, Drainage 0 Total Annual Direct Costs $12,070 SPECIAL PROJECT $0 ADMINISTRATION EXPENSES City Annual Administration $1,920 City Operational Services 4,280 Engineer's Report & Services 3,770 Public Noticing 150 Total Annual Administration Costs $10,120 TOTAL DIRECT & ADMINISTRATION COSTS $22,190 CAPITAL RESERVE COLLECTIONS/(USES) Collection for Street Surface Activities $97,500 Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 12,500 Collection for Debris Removal 1,250 Collection for Storm Drain Infrastructure 3,020 Total Annual Capital Reserve Collections/(Uses) $114,270 LEVY ADJUSTMENTS Interest Income - Improvement Fund ($20,686) Interest Income - Operating Reserve Fund (404) Reserve Fund Collection (Use) (16,181) Total Levy Adjustments ($37,271) BALANCE TO LEVY $99,189 DISTRICT STATISTICS Total Parcels 191 Parcels Levied 181 Total EBU (1) 231.75 Levy per EBU $428.00 Maximum Levy per EBU $900.10 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $14,092 Operational Reserve Interest 404 Surplus Transfer from Improvement Fund 37,199 Operational Reserve Collection (Use) (37,271) Ending Operating Reserve Balance $14,424 Beginning Improvement Fund Balance $640,021 Improvement Fund Interest 20,686 Surplus Transfer to Operations Fund (37,199) Improvement Fund Collection 114,270 Ending Improvement Fund Balance $737,778 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 207 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 9 5. METHOD OF ASSESSMENT 5.1 General The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation and servicing of drainage and flood control improvements as well as streets, roads and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”. Furthermore: “The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized … is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. 5.2 Benefit Analysis Each of the proposed improvements and services, and the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution. The street and storm drain improvements associated with this District were necessary and essential requirements for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such the ongoing operation, servicing and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner. Since each parcel to be assessed within the District could not have been developed in the absence of these improvements and facilities, each parcel has a direct investment in the proper maintenance of the improvements that is over and above any general benefits that may be conferred by such improvements and services. The ongoing maintenance and servicing of the District improvements is an integral part of the appearance, use and preservation of the properties within the District and such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels. The proper maintenance of streets and appurtenant facilities allows individual parcels to be used to their fullest extent by ensuring the safe and efficient movement of people and goods to and from the benefiting properties Likewise, the maintenance and servicing of the storm drain system ensures proper water flow and control of excess ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 208 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 10 water during periods of rain, which is essential to preservation and protection of private property. Together the maintenance and servicing of the streets and storm drain system contributes to a specific enhancement of each of the parcels within the District and the absence of adequate maintenance and servicing of the District improvements could eventually have a negative impact on properties within the District. Although the improvements may include public streets and storm drain facilities that connect to similar facilities outside the District boundaries, it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Any improvement or portion thereof (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However, the costs associated with installation or improvement of any off- site facilities that benefit the parcels within this District as well as other properties (shared benefit) may be allocated to the parcels within the District based on their proportional special benefit from such improvements. 5.3 Assessment Methodology The costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that 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 proposed land use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District based on similarities and differences in parcel land use. EQUIVALENT BENEFIT UNITS: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1982 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single- family home site. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 209 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 11 Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. EBU APPLICATION BY LAND USE: (1) Single-family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”). (2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or mobile-home parks). Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases, the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential property is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for the remaining units. (3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors, it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 210 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 12 per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). (4) Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed). (5) Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise market property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single-family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.0 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). (6) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0 EBU. 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, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.; • Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels current development status. Government owned properties or public ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 211 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 13 properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. (7) Special Cases — In many districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount 5.4 Assessment Range Formula Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 212 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 14 assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to the future assessments and is generally defined: • If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment. • The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for Fiscal Year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area from February to February. The Maximum Assessment rate was increased by 5.3024% for Fiscal Year 2023/24. Beginning with Fiscal Year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate is calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI is based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In January 2018, BLS introduced a new geographic area sample for the CPI. As part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. This CPI will be used going forward. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications is permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not 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 ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 213 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 15 mailed notice of the public hearing and property owner protest balloting. Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 214 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 16 6. ASSESSMENT DIAGRAM The parcels within the Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) consist of the lots, parcels and subdivisions of land located in the residential development known as Las Lomas (Woodridge), Tract 2525-1. The District covers approximately one hundred and eleven acres (111.20 acres) in the southeast portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 215 of 277 City of Atascadero 2023/24 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 17 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, rights-of- way, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 216 of 277 City of Atascadero Street & Storm Drain Maintenance No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-311-014 9341 DECHADO WAY MFR 17.8 15,994.85 7,605.56 045-311-015 9261 LOS OLIVOS CIR MFR 24.8 22,349.59 10,627.24 045-311-016 9110 CIRUELA WAY MFR 19.9 17,912.08 8,517.20 045-312-001 9510 ALCOTAN RD SFR 1.0 900.10 428.00 045-312-002 9520 ALCOTAN RD SFR 1.0 900.10 428.00 045-312-003 11400 ELIANO ST SFR 1.0 900.10 428.00 045-312-004 11390 ELIANO ST SFR 1.0 900.10 428.00 045-312-005 11380 ELIANO ST SFR 1.0 900.10 428.00 045-312-006 11370 ELIANO ST SFR 1.0 900.10 428.00 045-312-007 11360 ELIANO ST SFR 1.0 900.10 428.00 045-312-008 11350 ELIANO ST SFR 1.0 900.10 428.00 045-312-009 11340 ELIANO ST SFR 1.0 900.10 428.00 045-312-010 11320 ELIANO ST SFR 1.0 900.10 428.00 045-312-011 11310 ELIANO ST SFR 1.0 900.10 428.00 045-312-012 11305 ELIANO ST SFR 1.0 900.10 428.00 045-312-013 11325 ELIANO ST SFR 1.0 900.10 428.00 045-312-014 11335 ELIANO ST SFR 1.0 900.10 428.00 045-312-015 11355 ELIANO ST SFR 1.0 900.10 428.00 045-312-016 11365 ELIANO ST SFR 1.0 900.10 428.00 045-312-017 11385 ELIANO ST SFR 1.0 900.10 428.00 045-312-018 11395 ELIANO ST SFR 1.0 900.10 428.00 045-312-019 11405 ELIANO ST SFR 1.0 900.10 428.00 045-312-020 11415 ELIANO ST SFR 1.0 900.10 428.00 045-312-021 11425 ELIANO ST SFR 1.0 900.10 428.00 045-312-022 11435 ELIANO ST SFR 1.0 900.10 428.00 045-312-023 9400 CALLE MILANO SFR 1.0 900.10 428.00 045-312-024 9410 CALLE MILANO SFR 1.0 900.10 428.00 045-312-025 9420 CALLE MILANO SFR 1.0 900.10 428.00 045-312-026 9430 CALLE MILANO SFR 1.0 900.10 428.00 045-312-027 9440 CALLE MILANO ST SFR 1.0 900.10 428.00 045-312-028 9450 CALLE MILANO SFR 1.0 900.10 428.00 045-312-029 9460 CALLE MILANO SFR 1.0 900.10 428.00 045-312-030 9470 CALLE MILANO SFR 1.0 900.10 428.00 045-312-031 9480 CALLE MILANO SFR 1.0 900.10 428.00 045-312-032 9490 CALLE MILANO SFR 1.0 900.10 428.00 045-312-033 9500 CALLE MILANO SFR 1.0 900.10 428.00 045-312-034 9510 CALLE MILANO RD SFR 1.0 900.10 428.00 045-312-035 9520 CALLE MILANO RD SFR 1.0 900.10 428.00 045-312-036 9535 AZOR LN SFR 1.0 900.10 428.00 045-312-037 9525 AZOR LN SFR 1.0 900.10 428.00 045-312-038 9515 AZOR LN SFR 1.0 900.10 428.00 045-312-039 9505 AZOR LN SFR 1.0 900.10 428.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 1 of 5 04/21/2023 05:01:28PM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 217 of 277 City of Atascadero Street & Storm Drain Maintenance No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-312-040 9495 AZOR LN SFR 1.0 900.10 428.00 045-312-041 9485 AZOR LN SFR 1.0 900.10 428.00 045-312-042 9475 AZOR LN SFR 1.0 900.10 428.00 045-312-043 9465 AZOR LN SFR 1.0 900.10 428.00 045-312-044 9470 AZOR LN SFR 1.0 900.10 428.00 045-312-045 9480 AZOR RD SFR 1.0 900.10 428.00 045-312-046 9500 AZOR LN SFR 1.0 900.10 428.00 045-312-047 9520 AZOR LN SFR 1.0 900.10 428.00 045-312-048 9530 AZOR LN SFR 1.0 900.10 428.00 045-312-049 9540 AZOR LN SFR 1.0 900.10 428.00 045-312-050 9550 AZOR LN SFR 1.0 900.10 428.00 045-312-051 9515 ALCOTAN RD SFR 1.0 900.10 428.00 045-312-052 9505 ALCOTAN RD SFR 1.0 900.10 428.00 045-312-053 9495 ALCOTAN RD SFR 1.0 900.10 428.00 045-312-054 9485 ALCOTAN RD SFR 1.0 900.10 428.00 045-312-055 9475 ALCOTAN RD SFR 1.0 900.10 428.00 045-312-056 9500 ALCOTAN RD SFR 1.0 900.10 428.00 045-313-001 11455 MONTE VERDE DR SFV 1.0 900.10 428.00 045-313-002 9500 VIA CIELO SFR 1.0 900.10 428.00 045-313-003 9550 VIA CIELO SFR 1.0 900.10 428.00 045-313-004 9600 VIA CIELO RD SFR 1.0 900.10 428.00 045-313-005 9650 VIA CIELO RD SFR 1.0 900.10 428.00 045-313-006 9700 VIA CIELO RD SFR 1.0 900.10 428.00 045-313-007 9655 VIA CIELO RD SFR 1.0 900.10 428.00 045-313-008 9625 VIA CIELO SFR 1.0 900.10 428.00 045-313-009 9575 VIA CIELO SFR 1.0 900.10 428.00 045-313-010 9565 VIA CIELO SFR 1.0 900.10 428.00 045-313-011 9555 VIA CIELO SFR 1.0 900.10 428.00 045-313-012 9505 VIA CIELO SFR 1.0 900.10 428.00 045-313-013 9515 VIA CIELO SFR 1.0 900.10 428.00 045-313-014 9525 VIA CIELO SFR 1.0 900.10 428.00 045-313-015 9535 VIA CIELO SFR 1.0 900.10 428.00 045-313-018 9350 VIA CIELO SFR 1.0 900.10 428.00 045-313-019 9402 VIA CIELO LN SFR 1.0 900.10 428.00 045-313-020 9450 VIA CIELO SFR 1.0 900.10 428.00 045-313-021 11450 MONTE VERDE SFR 1.0 900.10 428.00 045-313-026 9250 VIA CIELO SFR 1.0 900.10 428.00 045-313-027 9300 VIA CIELO SFR 1.0 900.10 428.00 045-314-001 11290 ELIANO ST SFR 1.0 900.10 428.00 045-314-002 11280 ELIANO ST SFR 1.0 900.10 428.00 045-314-003 11270 ELIANO ST SFR 1.0 900.10 428.00 045-314-004 11260 ELIANO ST SFR 1.0 900.10 428.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 2 of 5 04/21/2023 05:01:28PM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 218 of 277 City of Atascadero Street & Storm Drain Maintenance No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-314-005 11250 ELIANO ST SFR 1.0 900.10 428.00 045-314-006 11240 ELIANO ST SFR 1.0 900.10 428.00 045-314-007 11220 ELIANO ST SFR 1.0 900.10 428.00 045-314-008 11215 ELIANO ST SFR 1.0 900.10 428.00 045-314-009 11225 ELIANO ST SFR 1.0 900.10 428.00 045-314-010 11235 ELIANO ST SFR 1.0 900.10 428.00 045-314-011 11245 ELIANO ST SFR 1.0 900.10 428.00 045-314-012 11255 ELIANO ST SFR 1.0 900.10 428.00 045-314-013 11265 ELIANO ST SFR 1.0 900.10 428.00 045-314-014 11275 ELIANO ST SFR 1.0 900.10 428.00 045-314-015 11285 ELIANO ST SFR 1.0 900.10 428.00 045-314-016 11290 AVION RD SFR 1.0 900.10 428.00 045-314-017 11280 AVION RD SFR 1.0 900.10 428.00 045-314-018 11270 AVION RD SFR 1.0 900.10 428.00 045-314-019 11260 AVION RD SFR 1.0 900.10 428.00 045-314-020 11250 AVION RD SFR 1.0 900.10 428.00 045-314-021 11240 AVION RD SFR 1.0 900.10 428.00 045-314-022 11230 AVION RD SFR 1.0 900.10 428.00 045-314-023 11210 AVION RD SFR 1.0 900.10 428.00 045-314-024 11200 AVION RD SFR 1.0 900.10 428.00 045-314-025 11205 AVION RD SFR 1.0 900.10 428.00 045-314-026 11215 AVION RD SFR 1.0 900.10 428.00 045-314-027 11225 AVION RD SFR 1.0 900.10 428.00 045-314-028 11235 AVION RD SFR 1.0 900.10 428.00 045-314-029 11245 AVION RD SFR 1.0 900.10 428.00 045-314-030 11255 AVION RD SFR 1.0 900.10 428.00 045-314-031 11275 AVION RD SFR 1.0 900.10 428.00 045-314-032 11285 AVION RD SFR 1.0 900.10 428.00 045-314-033 11295 AVION RD SFR 1.0 900.10 428.00 045-315-001 11210 ELIANO ST SFR 1.0 900.10 428.00 045-315-002 11190 ELIANO ST SFR 1.0 900.10 428.00 045-315-003 11180 ELIANO ST SFR 1.0 900.10 428.00 045-315-004 11170 ELIANO ST SFR 1.0 900.10 428.00 045-315-005 11160 ELIANO ST SFR 1.0 900.10 428.00 045-315-006 11150 ELIANO ST SFR 1.0 900.10 428.00 045-315-007 11140 ELIANO ST SFR 1.0 900.10 428.00 045-315-008 11130 ELIANO ST SFR 1.0 900.10 428.00 045-315-009 11120 ELIANO ST SFR 1.0 900.10 428.00 045-315-010 11105 ELIANO ST SFR 1.0 900.10 428.00 045-315-011 11115 ELIANO ST SFR 1.0 900.10 428.00 045-315-012 11125 ELIANO ST SFR 1.0 900.10 428.00 045-315-013 11100 AVION RD SFR 1.0 900.10 428.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 3 of 5 04/21/2023 05:01:28PM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 219 of 277 City of Atascadero Street & Storm Drain Maintenance No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-315-014 11165 ELIANO ST SFR 1.0 900.10 428.00 045-315-015 11185 ELIANO ST SFR 1.0 900.10 428.00 045-315-016 11195 ELIANO ST SFR 1.0 900.10 428.00 045-315-017 11205 ELIANO ST SFR 1.0 900.10 428.00 045-315-018 11180 AVION RD SFR 1.0 900.10 428.00 045-315-019 11170 AVION RD SFR 1.0 900.10 428.00 045-315-020 11160 AVION RD SFR 1.0 900.10 428.00 045-315-021 11150 AVION RD SFR 1.0 900.10 428.00 045-315-022 11130 AVION RD SFR 1.0 900.10 428.00 045-315-023 11110 AVION RD SFR 1.0 900.10 428.00 045-315-024 11105 AVION RD SFR 1.0 900.10 428.00 045-315-025 11115 AVION RD SFR 1.0 900.10 428.00 045-315-026 11125 AVION RD SFR 1.0 900.10 428.00 045-315-027 11135 AVION RD SFR 1.0 900.10 428.00 045-315-028 11145 AVION RD SFR 1.0 900.10 428.00 045-315-029 11155 AVION RD SFR 1.0 900.10 428.00 045-315-030 11165 AVION RD SFR 1.0 900.10 428.00 045-315-031 11175 AVION RD SFR 1.0 900.10 428.00 045-315-032 11185 AVION RD SFR 1.0 900.10 428.00 045-315-033 11195 AVION RD SFR 1.0 900.10 428.00 045-316-041 9350 RIBERENA CIR CON 0.8 675.08 321.00 045-316-042 9352 RIBERENA CIR CON 0.8 675.08 321.00 045-316-043 9354 RIBERENA CIR CON 0.8 675.08 321.00 045-316-044 9356 RIBERENA CIR CON 0.8 675.08 321.00 045-316-045 9358 RIBERENA CIR CON 0.8 675.08 321.00 045-316-046 9360 RIBERENA CIR CON 0.8 675.08 321.00 045-316-047 9362 RIBERENA CIR CON 0.8 675.08 321.00 045-316-048 9364 RIBERENA CIR CON 0.8 675.08 321.00 045-316-049 9366 RIBERENA CIR CON 0.8 675.08 321.00 045-316-050 9368 RIBERENA CIR CON 0.8 675.08 321.00 045-316-051 9369 RIBERENA CIR CON 0.8 675.08 321.00 045-316-052 9367 RIBERENA CIR CON 0.8 675.08 321.00 045-316-053 9374 RIBERENA CIR CON 0.8 675.08 321.00 045-316-054 9363 RIBERENA CIR CON 0.8 675.08 321.00 045-316-055 9361 RIBERENA CIR CON 0.8 675.08 321.00 045-316-056 9355 RANADA CIR CON 0.8 675.08 321.00 045-316-057 9357 RANADA CIR CON 0.8 675.08 321.00 045-316-058 9359 RANADA CIR CON 0.8 675.08 321.00 045-316-059 9361 RANADA CIR CON 0.8 675.08 321.00 045-316-060 9363 RANADA CIR CON 0.8 675.08 321.00 045-316-061 9371 CADENCIA CT CON 0.8 675.08 321.00 045-316-062 9373 CADENCIA CT CON 0.8 675.08 321.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 4 of 5 04/21/2023 05:01:28PM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 220 of 277 City of Atascadero Street & Storm Drain Maintenance No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-316-063 9375 CADENCIA CT CON 0.8 675.08 321.00 045-316-064 9377 CADENCIA CT CON 0.8 675.08 321.00 045-316-065 9379 CADENCIA CT CON 0.8 675.08 321.00 045-316-066 9381 CIELO AZUL CT CON 0.8 675.08 321.00 045-316-067 9383 CIELO AZUL CT CON 0.8 675.08 321.00 045-316-068 9385 CIELO AZUL CT CON 0.8 675.08 321.00 045-316-069 9387 CIELO AZUL CT CON 0.8 675.08 321.00 045-316-070 9389 CIELO AZUL CT CON 0.8 675.08 321.00 045-316-071 9388 CIELO AZUL CT CON 0.8 675.08 321.00 045-316-072 9386 CIELO AZUL CT CON 0.8 675.08 321.00 045-316-073 9384 CIELO AZUL CT CON 0.8 675.08 321.00 045-316-074 9382 CIELO AZUL CT CON 0.8 675.08 321.00 045-316-075 9380 CIELO AZUL CT CON 0.8 675.08 321.00 231.8 208,599.18 99,189.00 181 Accounts 231.8 208,599.18 $99,189.00 181 Total Accounts Slight variances may occur due to rounding Copyright © 2013 by NBS Page 5 of 5 04/21/2023 05:01:28PM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 3 Page 221 of 277 ITEM NUMBER: B-3 DATE: ATTACHMENT: 06/13/23 4 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE LANDSCAPING AND LIGHTING DISTRICT NO. 02 (LAS LOMAS [WOODRIDGE]), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO IN FISCAL YEAR 2023/2024 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as the “City Council”), pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500, in connection with the proposed levy for Landscaping and Lighting District No. 02 (Woodridge) (hereafter referred to as the “District”) and the collection of assessments related thereto for the fiscal year starting July 1, 2023 and ending June 30, 2024; and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for the Landscaping and Lighting District No. 02 (Woodridge), fiscal year 2023/2024” (hereafter referred to as the “Engineer’s Report”) in accordance with the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment as well as a description of the assessment range formula that establishes the maximum assessment rate in subsequent fiscal years. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. Page 222 of 277 ITEM NUMBER: B-3 DATE: ATTACHMENT: 06/13/23 4 e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and annual assessment for fiscal year 2023/2024. SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 223 of 277 ITEM NUMBER: B-3 DATE: ATTACHMENT: 06/13/23 5 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023/2024 FOR LANDSCAPING AND LIGHTING DISTRICT NO. 02 (LAS LOMAS [WOODRIDGE]) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Landscaping and Lighting District No. 02 (Woodridge) (hereafter referred to as the “District”) for fiscal year 2023/2024, said fiscal year commencing July 1, 2023 and ending June 30, 2024; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting and appurtenant facilities related thereto; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting, and appurtenant facilities related thereto; and WHEREAS, the City and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIIID of the California State Constitution. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection with the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible Page 224 of 277 ITEM NUMBER: B-3 DATE: ATTACHMENT: 06/13/23 5 parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street lights, landscaping, parks and open space areas within the District and appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Landscaping and Lighting District No. 02 (Woodridge), and such money shall be expended for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Sections 22645-22647 of the Act, upon adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 225 of 277 nbsgov.com Prepared by: Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fiscal Year 2023/24 Engineer’s Report For: Landscaping and Lighting District District No. 02 Las Lomas (Woodridge) May 2023 ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 226 of 277 CITY OF ATASCADERO Landscaping & Lighting District No. 02 Las Lomas (Woodridge) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Heather Moreno, Mayor Susan Funk, Mayor Pro Tem Charles Bourbeau, Council Member Mark Dariz, Council Member Heather Newsom, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Tim Seufert, Client Services Director Adina McCargo, Project Manager ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 227 of 277 TABLE OF CONTENTS 1. Engineer’s Letter ............................................................................................................. 1 2. Executive Summary ........................................................................................................ 2 3. Plans and Specifications .................................................................................................. 4 3.1 Description of the District ....................................................................................... 4 3.2 Improvements and Services Authorized by the 1972 Act ....................................... 4 3.3 Description of Improvements and Services ............................................................ 5 4. Estimate of Costs ............................................................................................................ 8 5. Method of Assessment ................................................................................................... 9 5.1 General .................................................................................................................... 9 5.2 Benefit Analysis ....................................................................................................... 9 5.3 Assessment Methodology ..................................................................................... 11 5.4 Assessment Range Formula .................................................................................. 14 6. Assessment Diagram ..................................................................................................... 16 7. Assessment Roll ............................................................................................................ 17 ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 228 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 1 1. ENGINEER’S LETTER WHEREAS, on March 24, 2005 by Resolution No. 2005-051, the City Council of the City of Atascadero (the “City”), State of California, in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500 (the “1972 Act”) established the City of Atascadero Landscaping and Lighting District No. 02 Las Lomas (Woodridge) (the “District”); and WHEREAS, on May 9, 2023 the City Council, under the 1972 Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2023/24: FY 2023/24 Budget Summary Description Total Costs Costs Not Assessed Proposed Assessment Total Benefit Units Maximum Rate Proposed Rate Per BU Annual Maintenance $88,890 ($2,250) $86,640 Special Project 20,000 0 20,000 Administration 6,730 0 6,730 Capital Reserve Collections/(Use) (5,433) (250) (5,683) Levy Adjustments ($36,027) $2,500 ($33,527) Total $74,160.00 $0 $74,160.00 231.75 $2,235.20 $320.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1972 Act. City Engineer ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 229 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 2 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as “Article XIIID”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), executed the proceedings required for the establishment of the special benefit assessment district designated as: Landscaping and Lighting District No. 02 Las Lomas (Woodridge) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Las Lomas (Woodridge), Tract 2525-1 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for Fiscal Year 2023/24, as required pursuant to Chapter 1, Article 4 of the 1972 Act. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the landscaping and lighting improvements associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provisions of Article XIIID. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements. The annual assessments will provide a funding source for the continued operation and maintenance of public landscaping and lighting improvements installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The boundaries of the District, the proposed improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2525-1; and by reference these plans and specifications are made part of 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 San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of the District formation, the City of Atascadero conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing on May 24, 2005 to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 230 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 3 property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. Tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. The assessments for Fiscal Year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent 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 and 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 ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 231 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 4 3. PLANS AND SPECIFICATIONS 3.1 Description of the District The territory within the District consists of the lots, parcels and subdivisions of land within the residential subdivision known as the Las Lomas (Woodridge), Tract 2525-1, which encompasses an area of land totaling approximately one hundred and eleven acres (111.20 acres). This residential subdivision includes one hundred forty-three (143) single-family residential units; thirty- five (35) condominium/senior housing units; and a single one hundred (100) unit multi-family residential project at build-out. Due to parcel splits the multi-family residential project is spread over three parcels. The planned subdivision is situated in the southeast portion of the City of Atascadero and is generally located: • South and east of Halcon Road; • East of Highway 101 and El Camino Real • South and west of the Southern Pacific Railroad Tracks; and • North of Salinas Road and Santa Cruz Road 3.2 Improvements and Services Authorized by the 1972 Act As generally defined by the 1972 Act and applicable to this District, the improvements and associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not limited to street lights and traffic signals; 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 5) The installation of park or recreational improvements, including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b) Lights, playground equipment, play courts, and public restrooms. 6) The acquisition of land for park, recreational, or open-space purposes or any existing improvement otherwise authorized pursuant to this section. 7) The maintenance or servicing, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 232 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 5 c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; f) Costs associated with any elections held for the approval of a new or increased assessment. 3.3 Description of Improvements and Services The purpose of this District is to ensure the ongoing maintenance, operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District. The improvements may consist of all or a portion of the public landscaped areas, street lighting and appurtenant facilities within and adjacent to the District (Tract 2525-1). These improvements generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or rights-of-way constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The improvements to be maintained and funded entirely or partially through the District assessments are generally described as: • Streetscape landscaping including street trees located on the perimeter of the development and interior streets of Tract 2525-1 that are within the public rights-of-way or easements and dedicated to the City for maintenance; • Open space areas and fuel modification areas within or adjacent to the District boundaries; • Park areas, recreational equipment, trails and landscaped drainage facilities developed and constructed as part of developing properties within Tract 2525-1; • Public lighting facilities including street lighting, safety lighting and ornamental lighting installed as part of the residential development or landscaped improvement areas • Appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements; ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 233 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 6 • Specifically not included as District improvements are those improvements located on private property, improvements and facilities that may be provided or maintained by an agency other than the City; improvements and facilities that may be provide by another assessment or tax levied by the City or any improvement provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. 3.3.1 LANDSCAPE IMPROVEMENTS The landscape improvements for the District may include, but are not limited to turf, ground cover, shrubs and plants, trees, irrigation and drainage systems, ornamental lighting, masonry walls or other fencing, hardscape improvements, monuments, and associated appurtenant facilities located within the landscape easements or public rights-of-way. Specifically, the landscape improvement areas for this District are identified as: • Approximately 34,420 square feet of streetscape landscaping and trees within the public rights-of- way along or adjacent to Halcon Road, Calle Milano, Via Cielo and Eliano Street including but not limited to approximately 27,200 square feet of parkway landscaping and 7,220 square feet of median landscaping; • Approximately 220,850 square feet (5.07 acres) of landscaped slope areas within the District boundaries and adjacent to the residential properties, open space areas, drainage basins and streets of Tract 2525-1; • Approximately 175,550 square feet (4.03 acres) of landscaped area in and around the two (2) drainage basins within Tract 2525-1; • Approximately 106,460 square feet of non-irrigated open space area within the District; • Approximately 1,981,980 square feet of non-irrigated open space area within the boundaries of the District associated with the development of the residential properties within Tract 2525-1; • Approximately 225 street trees located within the public rights-of-way of the streets within Tract 2525-1 including but not limited to Calle Milano, Via Cielo, Eliano Street, Avion Road, Azor Lane and Alcotan Lane; • Approximately 1,910 square feet of paths and trails, 45,265 square feet sidewalks and 6,100 linear feet of fencing within and adjacent to the various landscape improvement areas. 3.3.2 PUBLIC LIGHTING IMPROVEMENTS The lighting improvements may include but are not limited to the cost of providing electrical energy and servicing of lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with: ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 234 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 7 • There are five (5) public streetlights currently planned for Tract 2525-1. These streetlights are located on Calle Milano between Halcon Road and Eliano Street (The entryway to the residential properties within the District); • Lighting facilities may also include but are not limited to safety lights, security lights or ornamental lights located within the various landscape improvement areas installed as part of the District’s landscape improvements. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 235 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 8 4. ESTIMATE OF COSTS Total Costs Not 2023/24 BUDGET Budget Assessed Assessment DIRECT COSTS Annual Costs Landscape Services $65,000 (2,250) $62,750 Landscape Supplies 2,000 0 2,000 Landscape Utilities 7,540 0 7,540 City Landscape Services 11,250 0 11,250 Other Maintenance Services 3,100 0 3,100 Total Annual Direct Costs $88,890 ($2,250) $86,640 CAPITAL EXPENDITURES Special Projects $20,000 $0 $20,000 Total Annual Special Projects $20,000 $0 $20,000 ADMINISTRATION EXPENSES Annual Administration Expenses City Annual Administration $1,500 $0 $1,500 Engineer's Report & Services 4,880 0 4,880 Public Noticing 350 0 350 Total Administration $6,730 $0 $6,730 TOTAL DIRECT & ADMINISTRATION COSTS $115,620 ($2,250) $113,370 CAPITAL RESERVE COLLECTIONS/(USES) Landscape Rehabilitation/Replacement $3,128 $0 $3,128 Median Rehabilitation/Replacement 138 0 138 Open Space Rehabilitation/Replacement 1,000 (250) 750 Tree Rehabilitation/Replacement (14,194) 0 (14,194) Slope Rehabilitation/Replacement 3,754 0 3,754 Other Rehabilitation/Replacement 741 0 741 Total Annual Capital Reserve Collections/(Uses) ($5,433) ($250) ($5,683) LEVY ADJUSTMENTS Interest Income - Improvement Fund ($2,977) $0 ($2,977) Interest Income - Operating Reserve Fund (2,093) 0 (2,093) Contribution from Other Sources (2,500) (2,500) 0 Reserve Collection/(Use) (28,457) 0 (28,457) Total Levy Adjustments ($36,027) ($2,500) ($33,527) BALANCE TO LEVY $74,160 $0 $74,160 DISTRICT STATISTICS Total Parcels 191 Parcels Levied 181 Total EBU (1) 231.75 Levy per EBU $320.00 Maximum Levy per EBU $2,235.20 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $45,716 Operational Reserve Interest 2,093 Surplus Transfer from Improvement Fund 48,388 Operational Reserve Collection (Use) (33,527) Estimated Ending Operating Reserve Balance $62,670 Beginning Improvement Fund Balance $140,243 Improvement Fund Interest 2,977 Surplus Transfer to Operations Fund (48,388) Improvement Fund Collection/(Use) (5,433) Estimated Ending Improvement Fund Balance $89,399 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 236 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 9 5. METHOD OF ASSESSMENT 5.1 General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. 5.2 Benefit Analysis Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and Article XIIID. The improvements provided by this District and for which properties will be assessed have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such, these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District. Any improvement or portion thereof that is considered to be of general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within the District. 5.2.1 SPECIAL BENEFIT The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting and well-maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically: • Enhanced desirability of properties through association with the improvements. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 237 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 10 • Improved aesthetic appeal of properties providing a positive representation of the area and properties. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping • Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. • Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties. • Enhanced quality of life through well-maintained green space and landscaped areas. • Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting and other public lighting facilities are the convenience, safety, and security of property, improvements, and goods. Specifically: • Enhanced deterrence of crime and the aid to police protection. • Increased nighttime safety on roads, streets and public areas. • Improved ability of pedestrians and motorists to see. • Improved ingress and egress to property. • Reduced vandalism and other criminal act and damage to improvements or property. • Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. 5.2.2 GENERAL BENEFIT In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of- way and other amenities available or visible to the public at large, the construction and installation of these improvements (except portions of the open space areas) were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. With respect to the open space areas, these areas are an integral part of property development within the District and clearly provide a direct and special benefit those properties. However, it is ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 238 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 11 also recognized that the majority of this open space area is located on the perimeter of the District and is directly accessible from surrounding properties and the public at large. Therefore, it has been determined that up to twenty-five percent (25%) of the costs to maintain this area shall be allocated as general benefit and not assessed as part of the District’s special benefit assessments 5.3 Assessment Methodology The method of apportionment for the 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. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that 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 proposed land use of each property as compared to other parcels that benefit from those specific improvements. To identify and determine the special benefit to be received by each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the planned improvements as well as individual property development within the District. Upon review of the proposed improvements it has been determined that each of the residential parcels within the District receives special benefits from the improvements to be funded by annual assessments and based on the planned property development a single zone of benefit is appropriate for the allocation of the assessments and proportional benefit. 5.3.1 EQUIVALENT BENEFIT UNITS: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1972 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single- family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 239 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 12 5.3.2 EBU APPLICATION BY LAND USE: (1) Single-family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.00 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against regarding special benefit (i.e. Equivalent Benefit Unit “EBU”). (2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or mobile home parks). Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for remaining units. (3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors, it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). (4) Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 240 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 13 single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed). (5) Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise market property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single-family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.00 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in excess of 25 acres are assigned 25.00 EBU). Parcels less than one acre, shall be assigned a minimum of 1.00 EBU (similar to a vacant lot within a residential tract). (6) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00 EBU. 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, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District; • Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels’ current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. (7) Special Cases — In many districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 241 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 14 total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount 5.4 Assessment Range Formula Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 242 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 15 amount for Fiscal Year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to future assessments and is generally defined: • If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment. • The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for Fiscal Year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-Hayward Area from February to February. The Maximum Assessment rate was increased by 5.3024% for Fiscal Year 2023/24. Beginning with Fiscal Year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate is established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate is calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI is based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. In January 2018, BLS introduced a new geographic area sample for the CPI. As part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco and San Mateo Counties in the State of California. This CPI has and will be used in all subsequent reports or until such time there is a revision per the BLS and approval from the City Council. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications are permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not 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 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 a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 243 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 16 6. ASSESSMENT DIAGRAM The parcels within the Landscaping and Lighting District No. 02 Las Lomas (Woodridge) consist of the lots, parcels and subdivisions of land located in the planned residential development known as Las Lomas (Woodridge), Tract 2525-1. The District covers approximately one hundred and eleven acres (111.20 acres) in the southeast portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 244 of 277 City of Atascadero 2023/24 Engineer’s Report – Lighting and Landscaping District No. 02 Las Lomas (Woodridge) 17 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, rights-of-way, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 245 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-311-014 9341 DECHADO WAY MFR 17.77 39,719.58 5,686.40 045-311-015 9261 LOS OLIVOS CIR MFR 24.83 55,500.12 7,945.60 045-311-016 9110 CIRUELA WAY MFR 19.90 44,480.57 6,368.00 045-312-001 9510 ALCOTAN RD SFR 1.00 2,235.20 320.00 045-312-002 9520 ALCOTAN RD SFR 1.00 2,235.20 320.00 045-312-003 11400 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-004 11390 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-005 11380 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-006 11370 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-007 11360 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-008 11350 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-009 11340 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-010 11320 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-011 11310 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-012 11305 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-013 11325 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-014 11335 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-015 11355 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-016 11365 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-017 11385 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-018 11395 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-019 11405 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-020 11415 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-021 11425 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-022 11435 ELIANO ST SFR 1.00 2,235.20 320.00 045-312-023 9400 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-024 9410 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-025 9420 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-026 9430 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-027 9440 CALLE MILANO ST SFR 1.00 2,235.20 320.00 045-312-028 9450 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-029 9460 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-030 9470 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-031 9480 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-032 9490 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-033 9500 CALLE MILANO SFR 1.00 2,235.20 320.00 045-312-034 9510 CALLE MILANO RD SFR 1.00 2,235.20 320.00 045-312-035 9520 CALLE MILANO RD SFR 1.00 2,235.20 320.00 045-312-036 9535 AZOR LN SFR 1.00 2,235.20 320.00 045-312-037 9525 AZOR LN SFR 1.00 2,235.20 320.00 045-312-038 9515 AZOR LN SFR 1.00 2,235.20 320.00 045-312-039 9505 AZOR LN SFR 1.00 2,235.20 320.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 1 of 5 04/25/2023 10:43:16AM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 246 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-312-040 9495 AZOR LN SFR 1.00 2,235.20 320.00 045-312-041 9485 AZOR LN SFR 1.00 2,235.20 320.00 045-312-042 9475 AZOR LN SFR 1.00 2,235.20 320.00 045-312-043 9465 AZOR LN SFR 1.00 2,235.20 320.00 045-312-044 9470 AZOR LN SFR 1.00 2,235.20 320.00 045-312-045 9480 AZOR RD SFR 1.00 2,235.20 320.00 045-312-046 9500 AZOR LN SFR 1.00 2,235.20 320.00 045-312-047 9520 AZOR LN SFR 1.00 2,235.20 320.00 045-312-048 9530 AZOR LN SFR 1.00 2,235.20 320.00 045-312-049 9540 AZOR LN SFR 1.00 2,235.20 320.00 045-312-050 9550 AZOR LN SFR 1.00 2,235.20 320.00 045-312-051 9515 ALCOTAN RD SFR 1.00 2,235.20 320.00 045-312-052 9505 ALCOTAN RD SFR 1.00 2,235.20 320.00 045-312-053 9495 ALCOTAN RD SFR 1.00 2,235.20 320.00 045-312-054 9485 ALCOTAN RD SFR 1.00 2,235.20 320.00 045-312-055 9475 ALCOTAN RD SFR 1.00 2,235.20 320.00 045-312-056 9500 ALCOTAN RD SFR 1.00 2,235.20 320.00 045-313-001 11455 MONTE VERDE DR SFV 1.00 2,235.20 320.00 045-313-002 9500 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-003 9550 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-004 9600 VIA CIELO RD SFR 1.00 2,235.20 320.00 045-313-005 9650 VIA CIELO RD SFR 1.00 2,235.20 320.00 045-313-006 9700 VIA CIELO RD SFR 1.00 2,235.20 320.00 045-313-007 9655 VIA CIELO RD SFR 1.00 2,235.20 320.00 045-313-008 9625 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-009 9575 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-010 9565 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-011 9555 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-012 9505 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-013 9515 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-014 9525 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-015 9535 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-018 9350 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-019 9402 VIA CIELO LN SFR 1.00 2,235.20 320.00 045-313-020 9450 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-021 11450 MONTE VERDE SFR 1.00 2,235.20 320.00 045-313-026 9250 VIA CIELO SFR 1.00 2,235.20 320.00 045-313-027 9300 VIA CIELO SFR 1.00 2,235.20 320.00 045-314-001 11290 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-002 11280 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-003 11270 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-004 11260 ELIANO ST SFR 1.00 2,235.20 320.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 2 of 5 04/25/2023 10:43:16AM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 247 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-314-005 11250 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-006 11240 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-007 11220 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-008 11215 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-009 11225 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-010 11235 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-011 11245 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-012 11255 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-013 11265 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-014 11275 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-015 11285 ELIANO ST SFR 1.00 2,235.20 320.00 045-314-016 11290 AVION RD SFR 1.00 2,235.20 320.00 045-314-017 11280 AVION RD SFR 1.00 2,235.20 320.00 045-314-018 11270 AVION RD SFR 1.00 2,235.20 320.00 045-314-019 11260 AVION RD SFR 1.00 2,235.20 320.00 045-314-020 11250 AVION RD SFR 1.00 2,235.20 320.00 045-314-021 11240 AVION RD SFR 1.00 2,235.20 320.00 045-314-022 11230 AVION RD SFR 1.00 2,235.20 320.00 045-314-023 11210 AVION RD SFR 1.00 2,235.20 320.00 045-314-024 11200 AVION RD SFR 1.00 2,235.20 320.00 045-314-025 11205 AVION RD SFR 1.00 2,235.20 320.00 045-314-026 11215 AVION RD SFR 1.00 2,235.20 320.00 045-314-027 11225 AVION RD SFR 1.00 2,235.20 320.00 045-314-028 11235 AVION RD SFR 1.00 2,235.20 320.00 045-314-029 11245 AVION RD SFR 1.00 2,235.20 320.00 045-314-030 11255 AVION RD SFR 1.00 2,235.20 320.00 045-314-031 11275 AVION RD SFR 1.00 2,235.20 320.00 045-314-032 11285 AVION RD SFR 1.00 2,235.20 320.00 045-314-033 11295 AVION RD SFR 1.00 2,235.20 320.00 045-315-001 11210 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-002 11190 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-003 11180 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-004 11170 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-005 11160 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-006 11150 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-007 11140 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-008 11130 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-009 11120 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-010 11105 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-011 11115 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-012 11125 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-013 11100 AVION RD SFR 1.00 2,235.20 320.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 3 of 5 04/25/2023 10:43:16AM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 248 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-315-014 11165 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-015 11185 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-016 11195 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-017 11205 ELIANO ST SFR 1.00 2,235.20 320.00 045-315-018 11180 AVION RD SFR 1.00 2,235.20 320.00 045-315-019 11170 AVION RD SFR 1.00 2,235.20 320.00 045-315-020 11160 AVION RD SFR 1.00 2,235.20 320.00 045-315-021 11150 AVION RD SFR 1.00 2,235.20 320.00 045-315-022 11130 AVION RD SFR 1.00 2,235.20 320.00 045-315-023 11110 AVION RD SFR 1.00 2,235.20 320.00 045-315-024 11105 AVION RD SFR 1.00 2,235.20 320.00 045-315-025 11115 AVION RD SFR 1.00 2,235.20 320.00 045-315-026 11125 AVION RD SFR 1.00 2,235.20 320.00 045-315-027 11135 AVION RD SFR 1.00 2,235.20 320.00 045-315-028 11145 AVION RD SFR 1.00 2,235.20 320.00 045-315-029 11155 AVION RD SFR 1.00 2,235.20 320.00 045-315-030 11165 AVION RD SFR 1.00 2,235.20 320.00 045-315-031 11175 AVION RD SFR 1.00 2,235.20 320.00 045-315-032 11185 AVION RD SFR 1.00 2,235.20 320.00 045-315-033 11195 AVION RD SFR 1.00 2,235.20 320.00 045-316-041 9350 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-042 9352 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-043 9354 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-044 9356 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-045 9358 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-046 9360 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-047 9362 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-048 9364 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-049 9366 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-050 9368 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-051 9369 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-052 9367 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-053 9374 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-054 9363 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-055 9361 RIBERENA CIR CON 0.75 1,676.40 240.00 045-316-056 9355 RANADA CIR CON 0.75 1,676.40 240.00 045-316-057 9357 RANADA CIR CON 0.75 1,676.40 240.00 045-316-058 9359 RANADA CIR CON 0.75 1,676.40 240.00 045-316-059 9361 RANADA CIR CON 0.75 1,676.40 240.00 045-316-060 9363 RANADA CIR CON 0.75 1,676.40 240.00 045-316-061 9371 CADENCIA CT CON 0.75 1,676.40 240.00 045-316-062 9373 CADENCIA CT CON 0.75 1,676.40 240.00 Slight variances may occur due to rounding Copyright © 2013 by NBS Page 4 of 5 04/25/2023 10:43:16AM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 249 of 277 City of Atascadero Landscaping & Lighting Maint Dist No. 2 Final Billing Detail Report for Fiscal Year 2023/24 APN Address Land Use Benefit Units Max Assessment Levy Amount 045-316-063 9375 CADENCIA CT CON 0.75 1,676.40 240.00 045-316-064 9377 CADENCIA CT CON 0.75 1,676.40 240.00 045-316-065 9379 CADENCIA CT CON 0.75 1,676.40 240.00 045-316-066 9381 CIELO AZUL CT CON 0.75 1,676.40 240.00 045-316-067 9383 CIELO AZUL CT CON 0.75 1,676.40 240.00 045-316-068 9385 CIELO AZUL CT CON 0.75 1,676.40 240.00 045-316-069 9387 CIELO AZUL CT CON 0.75 1,676.40 240.00 045-316-070 9389 CIELO AZUL CT CON 0.75 1,676.40 240.00 045-316-071 9388 CIELO AZUL CT CON 0.75 1,676.40 240.00 045-316-072 9386 CIELO AZUL CT CON 0.75 1,676.40 240.00 045-316-073 9384 CIELO AZUL CT CON 0.75 1,676.40 240.00 045-316-074 9382 CIELO AZUL CT CON 0.75 1,676.40 240.00 045-316-075 9380 CIELO AZUL CT CON 0.75 1,676.40 240.00 231.75 518,008.60 74,160.00 181 Accounts 231.75 518,008.60 $74,160.00 181 Total Accounts Slight variances may occur due to rounding Copyright © 2013 by NBS Page 5 of 5 04/25/2023 10:43:16AM ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 6 Page 250 of 277 RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: City Clerk City of Atascadero 6500 Palma Ave Atascadero, California 93422 NOTICE OF ASSESSMENT City of Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge/Las Lomas) Pursuant to the requirements of the Streets and Highways Code of California, the undersigned City Clerk of the City of Atascadero, County of San Luis Obispo, State of California, hereby gives confirmation that a diagram and assessment were filed in the office of the City Clerk of the City of Atascadero, State of California. The undersigned City Clerk of the City of Atascadero certifies that the diagram showing the boundaries of the Street and Storm Drain Maintenance District No. 02 (Woodridge/Las Lomas), City of Atascadero, County of San Luis Obispo, State of California, was approved by the City Council of said City at a regular meeting thereof held on the 24th day of May, 2005, by its Resolution No. 2005-048. The boundaries of said Street and Storm Drain Maintenance District (District) are contiguous with the Tract Maps 2525-1 and 2525-2 recorded in the Office of the Recorder of the County of San Luis Obispo, State of California, in Book 25, Pages 83-92 and Book 27, Pages 06-10, respectively. Notice is further given that upon the recording of this Notice, the County Auditor shall enter on the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment, in accordance with Section 22645 of the Streets and Highways Code. Property owners in the District pay assessments through property tax bills which the City uses to maintain roads within the District. City staff met with property owners to discuss the level at which levies for road maintenance should be set. At the direction of the homeowners in attendance at meetings held December 14, 2017, and April 11, 2018, the City staff set the levy for the Street and Storm Drain Benefit Assessment District at an amount that will only cover short-term maintenance of the roads, but will not be sufficient for long-term maintenance and repair. The Assessment District levy amount entered on the county assessment roll for the 2023/2024 fiscal year, and anticipated amounts for future years, are sufficient only for the annual operating costs and a periodic surface treatment (slurry seal) of the roads. As discussed at the aforementioned meetings and the Public Hearings, Neighborhood meetings, and Annual Notices since 2018, these funds will only be enough to cover road maintenance costs. The roads will require more in-depth road rehabilitation projects (expected around 2034) that will require significant funding. The estimated cost of that work is just under $1,000,000 using 2018 dollars, and is the financial obligation of the residents of the District. As the needed road rehabilitation project approaches, a financing mechanism will need to be approved and paid for by the residents to fund the longer-term improvements needed to maintain the District. The name or names of the owners of the assessed parcels as they appear on the latest secured assessment roll are set forth in Exhibit “A” hereto attached and by reference incorporated herein. Dated: ________, 2023 Lara K. Christensen, City Clerk City of Atascadero ITEM NUMBER: B-3 DATE: 06/13/23 ATTACHMENT: 7 Page 251 of 277 ITEM NUMBER: B-4 DATE: 06/13/23 Atascadero City Council Staff Report – City Manager’s Office Downtown Parking and Business Improvement Area (DPBIA) Confirmation of Annual Assessment (FY 2023-2024) RECOMMENDATION: Council adopt Draft Resolution, confirming the annual assessment for the Downtown Parking and Business Improvement Area (Fiscal Year 2023-2024). DISCUSSION: The City of Atascadero established a Downtown Parking and Business Improvement Area in 1986 (Chapter 11 of the Atascadero Municipal Code) for the purpose of acquisition, construction or maintenance of parking facilities, decoration of public places, promotion of public events, and general promotion of business activities in the downtown area. The formation and operation of a Parking and Business Improvement Area is governed by the California Streets and Highways Code (Section 36500 et. Seq.). The Code requires the City to levy and collect the assessments, the City Council to adopt an annual Resolution of Intention declaring the City’s intent to levy an annual Downtown Parking and Business Improvement Area assessment, and hold a public hearing confirming the assessment. The City Council adopted a Draft Resolution of Intention on May 23, 2023 and set a public hearing for June 13, 2023 to receive public comment. The Downtown Parking and Business Improvement Area (BIA) assessment was reduced to $0.00 starting in the 2009/2010 fiscal year at the behest of downtown landlords as part of a program to encourage downtown businesses. In January 2018, staff was approached by an informal committee of downtown business owners, who expressed interest in reinstituting the full levy of the assessment for the Downtown Parking and Business Improvement Area (DPBIA). The full levy of the assessment is equal to 100 percent of the business license fee, essentially doubling the business license fee, and is charged to businesses located in the BIA. In 2019, the City entered into an agreement with the Atascadero Chamber of Commerce. The Chamber of Commerce serves as the advisory body and the sub-contractor to the City regarding the DPBIA. The informal committee of downtown business owners advises the Chamber of Commerce on expenditures and assists in the creation of the annual budget. As part of the contract, the Chamber provides an annual accounting of expenditures for the BIA funds. Page 252 of 277 ITEM NUMBER: B-4 DATE: 06/13/23 The Chamber has submitted a report, which was provided to the Council at the May 23, 2023 meeting and is Exhibit A to the proposed Resolution confirming the assessment. The Downtown Parking and Business Improvement Area assessments collected by the City are estimated at approximately $14,540 annually. The recommended action would confirm the assessment and collection of these funds for downtown revitalization activities for 2023/2024. The report does not propose any changes to the boundaries of the DPBIA or of the assessment. The Chamber of Commerce is proposing expenditures for 2023-2024 with the Downtown Parking and Business Improvement Area funds as follows: The proposed expenditures will focus to a combination of events and beautification ideas to help promote the downtown and strengthen the businesses in the area. In 2022/2023, the Downtown business owners organized Trick-or-Treat on Entrada Ave, Santa’s Photo Shop, #ATownWithHeart, and At Her Table events. In 2023/2024, the Chamber will be working with Downtown business owners to use beautification funds to install string lighting over Entrada Ave. The City will collect funds for the Downtown Parking and Business Improvement Area along with business license fees in December and January. FISCAL IMPACT: Adopting the staff recommendation will result in the collection of approximately $14,540 and expenditure of $14,540 in budgeted DPBIA funds. Page 253 of 277 ITEM NUMBER: B-4 DATE: 06/13/23 ALTERNATIVES: 1. The City Council may choose not to adopt the Resolution, confirming the levy of the assessment as recommended, and discontinue the levy. 2. The City Council may grant Downtown Parking and Business Improvement Area assessment funds in an amount lower than requested. ATTACHMENTS: 1. Draft Resolution Page 254 of 277 ITEM NUMBER: B-4 DATE: ATTACHMENT: 06/13/23 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CONFIRMING DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA ASSESSMENT FOR FISCAL YEAR 2023/2024 WHEREAS, the City of Atascadero established a Downtown Parking and Business Improvement Area (DBPIA) consistent with Section 36500 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, Section 36533 of the Streets and Highway Code of the State of California requires a report to be filed with the City prior to the levy and collection of the assessment; and WHEREAS, the City Council determined in 2010 to set the assessment at $0.00 to provide a stimulus to downtown businesses in this time of unprecedented economic downturn, eliminating the need for a report in accordance with Section 36533 of the Streets and Highway Code of the State of California; and WHEREAS, the City Council reinstituted the full levy of the assessment for the DPBIA in 2018 at the request of downtown businesses; and WHEREAS, the City has entered into an agreement with the Chamber of Commerce, which serves as the advisory body and the sub-contractor to the City regarding the DPBIA; and WHEREAS, an informal committee of downtown business owners advises the Chamber of Commerce on expenditures and assists in the creation of the annual budget; and WHEREAS, the Atascadero Chamber of Commerce filed a report with the City in accordance with Section 36533 of the Streets and Highway Code of the State of California attached hereto and incorporated herein by this reference; and WHEREAS, the City Council having received the report adopted Resolution No. 2023-033 declaring intent to levy annual Downtown Parking and Business Improvement Area assessment pursuant to Section 36534 of said code; and WHEREAS, the City Council did fix a time and place for a public hearing on the levy of the proposed assessment for fiscal year 2023-2024; and WHEREAS, on June 13, 2023, the City Council conducted a public hearing at the date and time for such purpose; and WHEREAS, the City Council did not receive the required number of protests for the levy of such assessment. Page 255 of 277 ITEM NUMBER: B-4 DATE: ATTACHMENT: 06/13/23 1 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The City Council of the City of Atascadero does hereby confirm approval of the Section 36533 Report as originally filed and confirmation of approval of such report constitutes the levy of an assessment for fiscal year 2023-2024, pursuant to the Streets and Highways Code of the State of California. SECTION 2. The Atascadero Chamber of Commerce is hereby designated to receive and manage, with direction from the downtown businesses, Downtown Parking and Business Improvement Area assessment funds for fiscal year 2023-2024. SECTION 3. The City Council directs staff to make appropriations in the City’s budget in accordance with such report. PASSED AND ADOPTED at a regular meeting of the City Council held on the ___ day of ____, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 256 of 277 ITEM NUMBER: B-4 DATE: 06/13/23 ATTACHMENT: 1A Exhibit A Atascadero Chamber of Commerce Downtown Parking and Business Improvement Area Annual Report for Fiscal Year 2023-2024 The California Streets and Highways Code Section 36533 requires the preparation of a report for each fiscal year for which assessments are to be levied and collected to pay the costs of improvements and activities of the Improvement Area. The report may propose changes, including, but not limited to the boundaries of the Parking and Business Improvement Area or any benefit zones within the area, the basis and method of levying the assessments, and any changes in the classification of businesses. No boundary changes are proposed for Fiscal Year 2023-2024. The boundaries are more specifically described as follows: From the south corner of Morro Road at the Highway 101 over-crossing then in the generally northwest direction immediately adjacent to Highway 101, to a point at the intersection of El Camino Real and Rosario Avenue, then easterly along Rosario Avenue, to a point at the intersection of Rosario and Palma Avenue, then easterly along Palma Avenue to the rear lot line of parcels on the east side of Traffic Way, then north along said rear lot lines to include Lot 24 of Block LA, of Atascadero, then northerly along the center line of Traffic Way, to a point, then easterly to include the presently existing National Guard Armory Property. Then to a point easterly to the intersection of West Mall and Santa Ysabel Avenue at the West Mall bridge, then southerly along Santa Ysabel Avenue to a point at the intersection of the southerly leg of Hospital Drive and Santa Ysabel Avenue, then easterly from that point to the extension of proposed Highway 41, then southwesterly to the Morro Road/Highway 101 over-crossing, point of beginning. Since 2000, the City, Community Redevelopment Agency, Chamber of Commerce, other organizations and the community have worked to strengthen the downtown business community, and implement the downtown revitalization strategy. In 2009, as the economic downturn was affecting businesses, the City Council made the decision to levy a $0 assessment on the businesses in the District. The State of California dissolved all redevelopment agencies in 2011, and the City, Chamber of Commerce, and other organizations have worked in collaboration to continue the efforts of the Community Redevelopment Agency to provide better services to and strengthen the businesses in the downtown. In 2017, an informal committee of downtown business owners formed to promote economic vitality and encourage business growth in the downtown. This committee will advise the Chamber of Commerce on expenditures and will assist in the creation of the annual budget for the Downtown Parking and Business Improvement Area (DPBIA). The Atascadero Chamber of Commerce will serve as the advisory body and the Page 257 of 277 ITEM NUMBER: B-4 DATE: 06/13/23 ATTACHMENT: 1A sub-contractor to the City regarding the Downtown Parking and Business Improvement Area. The Chamber of Commerce is requesting that the City levy an assessment of 100% of the business license fee for businesses in the DPBIA. Each licensed business in the Improvement Area shall contribute to the assessment. Activities and improvements in the DPBIA are funded by the assessment. The proposed work plan and budget for Fiscal Year 2023/2024 is as follows: This report shall be filed with the City Clerk on behalf of the DPBIA for Fiscal Year 2023-2024. Page 258 of 277 ITEM NUMBER: B-5 DATE: 06/13/23 Atascadero City Council Staff Report – City Manager’s Office Atascadero Tourism Business Improvement District (ATBID) Confirmation of Annual Assessment (Fiscal Year 2023-2024) RECOMMENDATIONS: Council adopt Draft Resolution, confirming the annual assessment for the Atascadero Tourism Business Improvement District (Fiscal Year 2023-2024). DISCUSSION: The City of Atascadero established the Atascadero Tourism Business Improvement District (ATBID) to levy annual assessments under the Parking and Business Improvement Area Law of 1989, by adopting Title 3, Chapter 16 of the Atascadero Municipal Code in April 2013. The activities to be funded by the assessments, on lodging businesses within the ATBID, are tourism promotions and marketing programs to promote the City as a tourism destination. The formation and operation of a Tourism Business Improvement District is governed by the California Streets and Highways Code (Section 36500 et. Seq.). The budget for the ATBID is submitted in conjunction with the City’s annual budget. The City Council appointed ATBID Advisory Board Members to serve at the pleasure of the Council. The Advisory Board is made up of lodging business owners or employees, or other representatives holding the written consent of a lodging business owner within the ATBID area. Lodging owners are assessed (2%) of the rent charged by the business per occupied room or space per night for transient occupancies. The Streets and Highways Code requires that the Advisory Board provide a specific report to the City Council annually for the expenditure of funds derived from the assessment paid by lodging businesses within the City. The annual report must identify: (1) proposed activities, programs, and projects for the fiscal year; (2) the approximate cost of such activities, programs, and projects for the fiscal year; (3) the amount of surplus debt or deficit revenues carried over from a previous fiscal year; and (4) contributions received other than assessments. The annual report must meet the requirements of the California Streets and Highways Code Sec. 36533. Council may approve the report as filed or may modify any particular contained in the report and approve it as modified. Page 259 of 277 ITEM NUMBER: B-5 DATE: 06/13/23 ATBID revenue in fiscal year 2022-23 is expected to be approximately $422,800, exceeding projected revenue of $298,170 by $124,630. In fiscal year 2023-24, revenue is projected to be approximately $414,120, and expenses are projected to be $419,890. The ATBID fund balance is projected to be $657,990 at June 30, 2024. Following the public hearing, staff recommends that Council adopt the proposed Resolution. Adoption of the Resolution constitutes the levying of the assessment. FISCAL IMPACT: Annual assessments are expected to be approximately $414,120 and expenditures are budgeted at $419,890 for fiscal year 2023-2024. ALTERNATIVE: Council may direct staff to amend the Resolution before adoption. ATTACHMENTS: 1. Draft Resolution Page 260 of 277 ITEM NUMBER: B-5 DATE: ATTACHMENT: 06/13/23 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CONFIRMING ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT (ATBID) ASSESSMENT FOR FISCAL YEAR 2023/2024 WHEREAS, the City of Atascadero established the Atascadero Tourism Business Improvement District (ATBID) consistent with Section 36500 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, the City Council has determined to set the assessment at two percent (2%) of the rent charged by the Business per occupied room or space per night for transient occupancies; and WHEREAS, the purpose of this assessment is to provide tourism promotions and marketing programs to promote the City as a tourism destination pursuant to the Streets and Highways Code of the State of California; and WHEREAS, the City Council, having received the annual report from the ATBID, adopted Resolution No. 2023-034, declaring intent to levy annual ATBID assessment pursuant to Section 36534 of the California Streets and Highways Code; and WHEREAS, the City Council did fix a time and place for a public hearing on the levy of the proposed assessment for fiscal year 2023-2024; and WHEREAS, on June 13, 2023, the City Council conducted a public hearing at the date and time for such purpose; and WHEREAS, the City Council did not receive the required number of protests for the levy of such assessment. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The City Council of the City of Atascadero does hereby confirm the assessment at two percent (2%) of the rent charged by the Business per occupied room or space per night for transient occupancies. Page 261 of 277 ITEM NUMBER: B-5 DATE: ATTACHMENT: 06/13/23 1 PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of June, 2023. On motion by Council Member ______ and seconded by Council Member _______, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO: ________________________________ Heather Moreno, Mayor ATTEST: Lara K. Christensen, City Clerk Page 262 of 277 ITEM NUMBER: C-1 DATE: 06/13/23 Atascadero City Council Staff Report – Administrative Services Department 2023-2025 Operating and Capital Budget RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A, adopting the budgets for the 2023-2024 and 2024-2025 fiscal years and delegating to the City Manager the authority to implement same; and 2. Adopt Draft Resolution B, amending the fiscal year 2022-2023 budget; and 3. Adopt Draft Resolution C, adopting the fiscal year 2023-2024 annual spending limit; and 4. Adopt Draft Resolution D, reaffirming the necessity of Development Impact Fees; and 5. Approve the 2021-2023 City of Atascadero Draft Action Plan. REPORT-IN-BRIEF: The budget for fiscal years 2023-2024 and 2024-2025 was reviewed by the Finance Committee during six public meetings held in April and May. Included in the budget document is the Budget Message, which provides a detailed analysis of the budget philosophy and process, trends and changes to service levels, and the key priorities for the next two years. Also included in the document are the Draft Resolutions adopting the proposed 2023-2025 budget, amending the 2022-2023 budget, adopting the 2023-2024 annual spending limit and reaffirming the necessity of Development Impact Fees. An integral part of the budget planning process is the development of an action plan outlining the strategic priorities and actions to be taken 2023-2025. The goal setting workshop held on February 10-11, 2023 was the foundation for both the Budget and the companion Action Plan. On March 14, 2023, Council adopted the 2023 Strategic Planning Statements and Strategic Priorities (Statements & Priorities) and on April 25, 2023 Council reviewed the Draft Action Plan providing further direction. In conjunction with the 2023-2025 Budget, the separate 2023 Action Plan document is attached for Council approval. Page 263 of 277 ITEM NUMBER: C-1 DATE: 06/13/23 FISCAL IMPACT: The total revenues for all funds are budgeted at $67,908,930 and $58,390,010 for fiscal years 2023-2024 and 2024-2025, respectively. Total expenditures for all funds are budgeted at $86,968,290 and $66,994,120 for fiscal years 2023-2024 and 2024-2025, respectively. ATTACHMENT: 1. The City of Atascadero Draft Budget for fiscal years 2023-2024 and 2024-2025 may be viewed in the Office of the City Clerk or online at www.atascadero.org/budget. (Also included in the document are the Draft Resolutions adopting the proposed 2023-2025 budget, amending the 2022-2023 budget, adopting the 2023-2024 annual spending limit, and reaffirming the necessity of Development Impact Fees.) 2. 2023-2025 City of Atascadero Draft Action Plan Page 264 of 277 ITEM NUMBER: C-1 DATE: 06/13/23 ATTACHMENT 1 Atascadero Draft Budget for Fiscal Years 2023-2024 and 2024-2025 The City of Atascadero Draft Budget for Fiscal Years 2023-2024 and 2024-2025 may be viewed online at www.atascadero.org/budget or by appointment in the Office of the City Clerk. Page 265 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 CITY OF ATASCADERO Action Plan 6/13/23 Page 266 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Table of Contents Strategic Priorities ...................................................................................................................... 3 ECONOMIC AND COMMUNITY VIBRANCY ......................................................................... 4 Downtown Vitality ................................................................................................................ 4 Activation of Underutilized Sites and Nodes ........................................................................ 5 Business Support and Jobs/Housing Balance ..................................................................... 6 Neighborhood Compatibility and Wellness .......................................................................... 6 FISCAL AND INFRASTRUCTURE EFFICIENCY & SUSTAINABILITY .................................. 7 Key Focus Area: Asset Management/Replacement/Modernization ..................................... 7 Key Focus Area: Financial Strategies ................................................................................. 8 Key Focus Area: Transparency and Accountability ............................................................. 9 ENSURING PUBLIC SAFETY AND PROVIDING EXCEPTIONAL CITY SERVICES ............10 Key Focus Area: Staff ........................................................................................................10 Key Focus Area: Unhoused Population ..............................................................................11 Key Focus Area: Flourishing Community ...........................................................................11 Page 267 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Strategic Priorities Three current strategic priorities were carried forward from the 2021-2023 Strategic Plan and were reshaped with revised key areas of focus. ▪ Economic and Community Vibrancy ▪ Fiscal and Infrastructure Efficiency & Sustainability ▪ Ensuring Public Safety and Providing Exceptional City Services Page 268 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Economic and Community Vibrancy ECONOMIC AND COMMUNITY VIBRANCY Key Focus Areas: • Downtown Vitality • Activation of Underutilized Sites and Nodes • Business Support and Jobs/Housing Balance • Neighborhood Compatibility and Wellness Downtown Vitality • Construct the Downtown Infrastructure Enhancement Plan (DIEP) to provide increased safety, Downtown walkability, business support, parking availability o Conduct purposeful, targeted campaign for ‘We Are Open for Business’ as part of the Downtown Infrastructure Enhancement Plan (DIEP) • Complete Downtown paving project (pavement markings, ADA ramps, drainage issues, sidewalk repairs) • Continue Street Tree Renewal Program with goal of having all trees and tree wells replaced and/or filled in compliance with adopted Street Tree Renewal Program (throughout the Downtown core) o Establish Downtown Streetscape Education Campaign that communicates ownership and maintenance responsibilities of trees, sidewalks, streets, etc • Facilitate Chamber/ Business Improvement Area (BIA) project to install string lights over Entrada Ave • Maintain the Atascadero Creek as a quality aesthetic feature to be enjoyed by all o Promote the voluntary creek clean-up program as a way to keep the creek free of trash o Explore permits and programs to manage vegetation and fuels in the creek o Continue homeless outreach programs and the Orange Bag Program to help keep the creek clean, safe and healthy • Incentivize additional restaurants through the Restaurant Loan Program • Explore zoning code changes to increase vibrancy o Research the ability to enforce regular operating hours o Introduce a better definition of retail zoning in the Downtown o Consider up-zoning/mixed-use/potential incentives as part of the General Plan Update o Explore incentives and code revisions to expedite the relocation of nonconforming uses and the occupancy of vacant buildings Downtown o Consider adjusting building height limitations in the Downtown as part of the general plan process and future zoning updates • Engage property owners and tenants to encourage compatible development of vacant lots Page 269 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Economic and Community Vibrancy • Continue to facilitate and promote current and future uses of vacant lots in Colony Square • Continue to facilitate continued operation of the Downtown theater • Facilitate redevelopment of underutilized properties along Sunken Gardens/East Mall/West Mall • Facilitate development of City-owned East Mall properties: o Research ways to incentivize development of property consistent with Council long-term vision and PD37 ($0 sale or forgivable loan) o Ensure sale and development of properties are done without delay o Complete sale of property to developer and facilitate prompt development of properties in accordance with PD37 • Aggressively pursue the Armory site as a potential location for the Public Safety Center/Fire Station #1 • Implement Police Department special assignment position to provide business liaison to address Downtown concerns • Acknowledge historical significance & importance of Printery in Downtown and look for opportunities to assist the Printery in obtaining grant funding. • Continue to plan and host successful signature events • Look for opportunities to facilitate and sponsor events designed to increase tourist activity • Continue to build out First Friday events designed to stimulate business activity in the Downtown • Facilitate increased activity and use of The Plaza on El Camino • Communicate collaboratively with businesses to encourage a sense of pride, ownership, positive attitude, and harmony that promotes Downtown vibrancy Activation of Underutilized Sites and Nodes • Consider developing design “themes” for Commercial Nodes • Complete transportation operational analysis, develop transportation concept plan, and adopt plan lines at nodes • Creatively support development at Del Rio, Dove Creek & San Anselmo nodes o Begin exploringExplore transportation improvements at San Anselmo/ECR and San Anselmo/101 intersections • Investigate potential rezone/road abandonment for The Oaks Center (Spencer’s, Guest House, et.al) • Creatively support retail or hospitality buildout of Springhill/Home Depot node • Facilitate redevelopment of underutilized industrial zoned sites (Via, Sycamore) Page 270 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Economic and Community Vibrancy Business Support and Jobs/Housing Balance • Pursue land uses that support business and jobs/housing balance o Complete General Plan Update and begin General Plan implementation strategies including municipal code updates designed to streamline zoning policies o Continue to work toward meeting our RHNA affordable housing goals • Continue to facilitate enhancement of fiber-optic broadband infrastructure access for residents and businesses o Leverage earmarked broadband funds to increase broadband speed, reliability and access, while reducing costs for residents and businesses o Use completed Broadband Strategic Plan to apply for additional available funding through Federal and State grants to advance connectivity o Find ways to increase consumer ISP choices o Consider adjusting permitting fees to encourage fiber-optic broadband development o Develop micro-trenching policy o Consider developing a “Dig Once” policy • Investigate ways we can support and capitalize on the proposed Space Port • Look for ways to toot our own horn and continue to publish proof that we are easy to work with! • Launch a business attraction social media campaign • Continue to support regional economic development efforts • Support expansion of family entertainment opportunities • Continue to support Chamber and other non-profit partnerships Neighborhood Compatibility and Wellness • Establish Objective Design Guidelines to support Quality Development and transitions between zoning districts • Look for opportunities for trail/pedestrian connections • Prepare thoughtful, targeted educational materials for residents/neighbors on SB 9, ADUs, and zoning • Participate in and present at local ADU workshops • Explore options for short-term rental ordinance by bringing a discussion item to Council. (No staff report) Page 271 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Fiscal and Infrastructure Efficiency and Sustainability FISCAL AND INFRASTRUCTURE EFFICIENCY & SUSTAINABILITY Key Focus Areas: • Asset Management/Replacement/Modernization • Financial Strategies • Transparency and Accountability Asset Management/Replacement/Modernization • Examine life cycle costs for capital projects and purchases • Look for opportunities and grants to fund infrastructure • Purchase and implement Asset Management software o Conduct inventory and condition assessment of City assets o Establish procedures for proactive monitoring o Develop a sustainable replacement plan and prioritize funding for City assets • Begin replacing Fire Station #1 o Aggressively pursue obtaining Armory property within first year o Explore feasibility of co-located Public Safety Center for Fire, Police, Dispatch and Emergency Operation Center (EOC) o Pursue grants, low interest loans and financing to fund project o Increase projected annual allocation to reflect high cost of construction for essential services facilities • Develop Zoo capital improvement and funding plan to discern the viability of continuing AZA accreditation o Collaborate with Friends of the Charles Paddock Zoo (Friends) to maximize fundraising and increase awareness o Work with Friends to develop and implement plan to raise $1,000,000 in the next two years for construction of the Madagascar Biodiversity Hot Spot o Consider City matching capital funding for Madagascar Biodiversity Hot Spot • Update wastewater treatment plant retrofit and secondary treatment improvements o Add additional staff and/or consultants to manage Wastewater Treatment Plant Update Project o Begin design of treatment plant upgrades o Pursue grants, low interest loans and financing to fund project o Discuss potential policies related to wastewater capacity charges and other development fees that may discourage desired business types o Pursue collaboration with Atascadero State Hospital on common wastewater solutions Page 272 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Fiscal and Infrastructure Efficiency and Sustainability o Based on the availability of grant funding, begin planning to extend sewer to priority eligible sewer expansion areas • Continue to address key deferred maintenance issues in parks and public facilities • Begin replacement of the financial system • Expand energy infrastructure (back-up generators, redundancy) • Consider sidewalk repair amnesty or other limited assistance program • Update City Engineering Standards to provide safe and consistent public improvements Financial Strategies • Develop balanced strategy of operational expenditures vs. capital/one-time expenditures that will accommodate future growth for Measure D-20 funds • Adopt budgets and fiscal strategies that: o Continue conservative Council/general fiscal strategy o Prepare the City for changing economic conditions o Build and maintain responsible reserves for asset replacement o Maintain a healthy general fund reserve • Continue fiscal strategies and adjust plans as needed to allow the City to respond to changes in a fiscally sustainable manner • Renew F-14 on the 2024 ballot • Implement opportunities, strategies and plans to grow the organization as the community grows • Invest in full and part time staff • Develop responsible reserves for unfunded liabilities (non-asset) o Explore and consider funding Section 115 Trust for pensions o Consider additional payments for unfunded pension liability (UAL) • Ensure that the resources (tools, equipment, facilities, technology) are available to assist staff and to build staff capacity • Identify and invest in tools, equipment and facilities to increase long-term operational efficiencies. Invest in: o Agenda management solution o Digital plan check software, equipment and process o Records organization, scanning and destruction o Other time savers • Prepare and strategically implement new impact fee study • Perform critical third-party review of permitting process towards essentialism Page 273 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Fiscal and Infrastructure Efficiency and Sustainability • Remain active in the League of CA Cities for City’s rights and sales tax allocation statewide • Actively look for creative investment opportunities • Capitalize on grant opportunities to accomplish action plan goals • Explore public and private partnerships to achieve action plan goals • Establish Citywide primary survey benchmark system to reduce Public Works and Technology staff time and to streamline development • Hire grant writing consultant Transparency and Accountability • Continue to look for ways in which technology can increase and clarify transparency and accountability • Complete overhaul of City website. (simplify, eliminate old data and make it more efficient) o Continue to devote resources to keep website up-to-date • Continue and build upon outreach efforts for Measure D-20 and Measure F-14 sales tax measures o Develop outreach program highlighting available information on use of F-14 funds o Refine Measure D-20 annual report to include results and performance measures o Continue to publish and distribute Measure D-20 and Measure F-14 annual reports • Improve transparency and understandability of financial reports o Consider alternate financial presentation to demonstrate balanced budget o Make Finance Committee meetings available virtually • Implement records management program to facilitate access to public records • Increase transparency and public awareness of Zoo • Implement an online payment and tracking system for City fees and tax payments • Create and incentivize a new customer satisfaction survey for permit/planning processes • Ensure that all messaging is accessible and consistent across all media platforms • Improve wi-fi at City Hall and the Zoo • Continue community engagement in decision-making discussions • Improve emergency planning communications with business community through the fire inspection program Page 274 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Ensuring Public Safety and Providing Exceptional City Services ENSURING PUBLIC SAFETY AND PROVIDING EXCEPTIONAL CITY SERVICES Key Focus Areas: • Staff • Unhoused Population • Flourishing Community Staff • Hire and retain an adequate level of staffing to achieve our priorities o Work toward long-term goal of 2 emergency dispatchers on duty at all times o Develop and implement organizational changes to reduce span of control for Public Safety supervision o Work toward long-term goal of additional Fire & Emergency Response resources o Develop strategies to ensure adequate staffing based on projected changes to workload as community grows/demands change • Provide competitive salaries/benefits and appropriate classifications for all employees • Continue to maintain and look for opportunities to enhance other hiring, retention, employee growth and development programs o Provide training and professional development opportunities o Facilitate employee promotional opportunities with an eye toward succession planning o Explore a wider City employee recognition/commendation program o Explore other retention and attraction strategies (low cost loans?) • Work to ensure that employees have the tools necessary to do their job • Continue to support and promote mental health and wellness services for employees • Continue to prioritize a culture that emphasizes working together as one team (no silos) and treating each other like family. • Complete an essentialism evaluation of each department to identify lower priority programs and activities • Roll out updated mission statement • Hire for heart Page 275 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Ensuring Public Safety and Providing Exceptional City Services Unhoused Population • Expand training and education of staff and community members on available support resources for our unhoused population • Continue to train and educate staff and community members on compassionate interactions with our under-represented residents • Build Outreach for Underrepresented Residents (OUR) Team program with a focus on: o Connecting homeless/underrepresented individuals with services o Providing a resource for community concerns o Participate in multi-jurisdictional information sharing system to more effectively provide services and respond to community needs • Look for opportunities to assist Non-profits GOs in facilitating pathways out of homelessness • Participate in crafting and developing regional solutions to address homelessness • Advocate for addiction and mental health programs • Collaborate with the County in lookingLook for opportunities and grants to provide resources to respond to future opportunities to support underrepresented residents • Optimize use of opioid settlement funds to support local programs and partnerships • Support partner non-government organizations outreach efforts • Consider revisions to the municipal code to strengthen the camping ordinance and create a shopping cart ordinance that does not require a large upfront capital investment from local businesses • Implement strategies for ongoing areas of public concern including design of public spaces • Continue to perform regular clean-ups of problem encampments • Continue to perform vegetation management activities in the Downtown District Flourishing Community • Adopt list of historic structures and implement General Plan policy • Implement Community Choice Energy • Continue to meet requirements for AZA accreditation for the Charles Paddock Zoo • Consider name change for zoo to Central Coast Charles Paddock Zoo Page 276 of 277 ITEM NUMBER: C-1 DATE: ATTACHMENT: 06/13/23 2 Ensuring Public Safety and Providing Exceptional City Services • Increase awareness of available recreational scholarships for lower income residents • Consider expanding recreational scholarship program to all low-income residents • Improve communications with the schools on common city/school issues like vaping, food distribution resources and safe corridors for kids • Continue robust communications regarding community wildfire preparedness and evacuation planning Page 277 of 277