Loading...
HomeMy WebLinkAboutCC_2015-05-12_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, May 12, 2015 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: PLEDGE OF ALLEGIANCE: Council Member Kelley ROLL CALL: Mayor O’Malley Mayor Pro Tem Moreno Council Member Fonzi Council Member Kelley Council Member Sturtevant APPROVAL OF AGENDA: Roll Call City Council Regular Session: 6:00 P.M. Closed Session: Immediately Following the Conclusion of the Regular Session PRESENTATIONS: 1. Peace Officers Memorial Day Proclamation 2. National Public Works Week Proclamation 3. Tree City USA Proclamation 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. DRAFT MINUTES: Council meeting draft min utes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes – April 27, 2015  Recommendation: Council approve the City Council Draft Action Minutes of April 27, 2015. [City Clerk] 2. City Council Draft Action Minutes – April 28, 2015  Recommendation: Council approve the City Council Draft Action Minutes of April 28, 2015. [City Clerk] 3. March 2015 Investment Report  Fiscal Impact: None  Recommendation: Council receive and file the City Treasurer’s report for quarter ending March 2015. [Administrative Services] 4. Apple Valley Assessment Districts  Fiscal Impact: Annual assessments for 2015/2016 will total $35,000 for road/drainage system maintenance and $66,500 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley.  Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley); and, 3. Adopt Draft Resolution C declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2015/2016, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016; and, 6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016. [Administrative Services] 5. DeAnza Estates Assessment Districts  Fiscal Impact: Annual assessments for 2015/2016 will total $40,090 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 2015/2016 for half of the maintenance costs of the trails and open space.  Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates); and, 3. Adopt Draft Resolution C declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2015/2016, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for prelim inary approval of the Annual Engineer’s Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016; and, 6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016. [Administrative Services] 6. Las Lomas (Woodridge) Assessment Districts  Fiscal Impact: Annual assessments for 2014/2015 will total $12,051 for road/drainage system maintenance and $46,350 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Las Lomas (Woodridge).  Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge); and, 3. Adopt Draft Resolution C declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in fiscal year 2015/2016, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016; and, 6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016. [Administrative Services] 7. Temporary Road Closure - Colony Days Parade Route  Fiscal Impact: No net fiscal impact to the General Fund, as the road closure fee covers the staff time and equipment required for traffic control and clean-up related to this event (estimated at $2,600.00).  Recommendation: Council adopt Draft Resolution establishing a temporary Colony Days Parade Route on Saturday, October 17, 2015, and establishing associated tow-away and “No Parking” zones and road closures from October 15 – 18, 2015, on the dates, times and locations as specified in the Draft Resolution. [Public Works] 8. Contract Amendment for Development Review Services Diversified Project Services International (DPSI)  Fiscal Impact: The fiscal impact of amending DPSI’s contract for development review and plan checking services is estimated not to exceed $30,000. The cost of the proposed contracted services would be offset by the Public Works plan check revenues generated from the increased level of residential and commercial development.  Recommendation: Council authorize the City Manager to execute a contract amendment with Diversified Project Services International (DPSI) that will increase the existing contract to an amount not to exceed $67,000 for ongoing development review and plan checking services. [Public Works] 9. Extend Contract with MuniTemps for the Services of Interim Community Development Director  Fiscal Impact: The fiscal impact of the extension of the agreement for service for an additional six weeks is estimated to be approximately $20,000 of General Funds. The cost of the proposed contracted services is offset by the payroll cost savings of the open position of Director of Community Development.  Recommendation: Council authorize the City Manager to extend an existing agreement with MuniTemps to provide contract services for an Interim Community Development Director. [City Manager] 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 subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. 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 470-3400, or mtorgerson@atascadero.org.) B. PUBLIC HEARINGS: 1. Weed Abatement - Hearing of Objections  Ex-Parte Communications:  Fiscal Impact: None. Costs of the weed abatement program are recovered through the assessments charged to non -compliant parcels that must be abated by the City Contractor.  Recommendations: Council: 1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections; and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. [Fire] 2. Community Development Block Grant (CDBG) Funding Reallocation  Ex-Parte Communications:  Fiscal Impact: Increase in the 2012 City of Atascadero Barrier Removal budget.  Recommendations: Council: 1. Direct staff to eliminate the North County Connection award from the 2012 CDBG cycle; and, 2. Direct staff to reallocate those funds to the City of Atascadero Barrier Removal Project award in the 2012 CDBG cycle. [Public Works] C. MANAGEMENT REPORTS: 1. Measure F-14 Road Appropriation – Alamo Avenue Pavement Project  Fiscal Impact: Total project costs are estimated to be $40,000 in General Fund Measure F-14 Sales Tax Revenues for construction, consultant fees, and other miscellaneous and related work.  Recommendation: Council authorize the Administrative Services Director to appropriate $40,000 of General Fund Measure F-14 Sales Tax Revenues to the Alamo Avenue Pavement Project. [Public Works] 2. Council Update Regarding Ordinance Prohibiting the Sale and Possession of Spice and Bath Salts  Fiscal Impact: There is no fiscal impact for this report.  Recommendation: Council receive and file this report. [Police] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. 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.) D. COMMITTEE REPORTS: (The following represent standing committe es. Informative status reports will be given, as felt necessary): Mayor O’Malley 1. City / Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. Economic Vitality Corporation, Board of Directors (EVC) Council Member Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) 4. City of Atascadero Design Review Committee 5. Water Issues Liaison Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Homeless Services Oversight Council 4. City of Atascadero Finance Committee Council Member Sturtevant 1. City / Schools Committee 2. League of California Cities – Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN TO CLOSED SESSION CITY COUNCIL CLOSED SESSION: 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. 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 Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non-Represented Professional and Management Workers and Confidential Employees 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT 7. ADJOURN Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 12, 2015 Regular Session of the Atascadero City Council was posted on May 6, 2015, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 6th day of May, 2015, at Atascadero, California. Lori Mlynczak, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). 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 during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and 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 either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to m ake slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the publ ic comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized b y the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. ITEM NUMBER: A-1 DATE: 05/12/15 Atascadero City Council April 27, 2015 Page 1 of 3 SPECIAL MEETING ATASCADERO CITY COUNCIL Monday, April 27, 2015, 6:00 P.M. City Hall – Council Chambers 6500 Palma Avenue, Atascadero ************************************* DRAFT MINUTES Strategic Planning Workshop Mayor O’Malley called the meeting to order at 6:02 p.m. ROLL CALL: Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem Moreno, and Mayor O’Malley Absent: None Others Present: City Clerk / Deputy City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Interim Community Development Director Bobby Lewis, Public Works Director Nick DeBar, Police Chief Jerel Haley, Fire Chief Kurt Stone, and City Attorney Brian Pierik. COUNCIL WORKSHOP – STRATEGIC PLANNING Mayor O’Malley welcomed everyone to the Workshop and turned the meeting over the City Manager Rickard. Ms. Rickard reviewed the long-term goals of the City Council and how they mesh with the City’s mission statement and the City Council’s current goals. ITEM NUMBER: A-1 DATE: 05/12/15 Atascadero City Council April 27, 2015 Page 2 of 3 1. Strategic Planning 2015-2017 Council Goals and Action Plan  Fiscal Impact: While there is no direct impact as a result of the approval of this work plan, future budgets will be based on these goals, and specific projects may require the expenditure of funds or additional resources.  Recommendations: Council: 1. Adopt the goals selected at the Strategic Planning Workshop of February 6-7, 2015; and, 2. Approve the related action plans implementing Council Goals. [City Manager] City Manager Rachelle Rickard gave the staff report and answered questions from the Council. Ms. Rickard read through the nine Council Goals and the Action Plans proposed by staff. The Council’s goals are: 1. Economic Development 2. Connection Between the City and the Community 3. Common Sense Regulations and Reform 4. High Quality Public Safety Services 5. Atascadero Lake Park, Pavilion, Veterans Memorial and Zoo 6. Environmental Stewardship 7. Staffing 8. Roads Program 9. Promotions The City Council discussed some of the issues mentioned in the Action Plans and made a few suggestions of re-wording in the Action Plans for clarification. There was Council consensus to discuss the future of the Design Review Committee at a future meeting. PUBLIC COMMENT: The following citizens spoke on this item: Linda Hendy, Bill White, Amanda Diefenderfer. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem Moreno to: 1. Adopt the goals selected at the Strategic Planning Workshop of February 6-7, 2015; and, 2. Approve the related action plans implementing Council Goals. Motion passed 5:0 by a roll-call vote. ITEM NUMBER: A-1 DATE: 05/12/15 Atascadero City Council April 27, 2015 Page 3 of 3 Mayor O’Malley recessed the meeting at 8:30 p.m. Mayor O’Malley reconvened the meeting at 8:40 p.m. 2. Discussion of City Council Salaries and Health Insurance  Fiscal Impact: No fiscal impact for this agenda item.  Recommendation: This is an information item. City Council may give direction to City Staff. [City Attorney] City Attorney Brian Pierik gave the staff report and answered questions from the Council. PUBLIC COMMENT: None There was Council consensus to have the City Attorney come back to a future Council meeting with options for the City Council to consider concerning Council salaries and health insurance. ADJOURNMENT: Mayor O’Malley adjourned the meeting at 9:55 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk / Deputy City Manager ITEM NUMBER: A-2 DATE: 05/12/15 City of Atascadero April 28, 2015 Page 1 of 5 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, April 28, 2015 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor O’Malley announced at 5:01 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - NONE 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. 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 Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. ITEM NUMBER: A-2 DATE: 05/12/15 City of Atascadero April 28, 2015 Page 2 of 5 Represented Professional and Management Workers and Confidential Employees 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT City Attorney Pierik announced that there was no reportable action taken. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:00 p.m. and Council Member Fonzi led the Pledge of Allegiance. ROLL CALL: Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem Moreno, and Mayor O’Malley Absent: None Others Present: City Clerk / Deputy City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Interim Community Development Director Bobby Lewis, Public Works Director Nick DeBar, Police Chief Jerel Haley, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA: Mayor O’Malley suggested than Section D & E be removed from the agen da. MOTION: By Mayor O’Malley and seconded by Mayor Pro Tem Moreno to approve the agenda, as amended. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: None ITEM NUMBER: A-2 DATE: 05/12/15 City of Atascadero April 28, 2015 Page 3 of 5 A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – March 24, 2015  Recommendation: Council approve the City Council Draft Action Minutes of March 24, 2015. [City Clerk] 2. City Council Draft Action Minutes – April 14, 2015  Recommendation: Council approve the City Council Draft Action Minutes of April 14, 2015. [City Clerk] 3. March 2015 Accounts Payable and Payroll  Fiscal Impact: $2,235,192.00  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for March 2015. [Administrative Services] 4. Proposed Inclusive Special Needs Playground Name  Fiscal Impact: None.  Recommendation: Council authorize the naming of the proposed inclusive special needs playground at the Colony Park Community Center as “Joy Playground.” [Police] 5. PLN 2007-1243 / CFD 2014-0003 - Community Facilities District 2005-1 - Annexation No. 13 - Atascadero Triangle  Fiscal Impact: The establishment of Annexation No. 13 into the CFD is intended to mitigate the fiscal impact of residential development on the City, and would provide up to $7,128.88 annually, based on the current rates, to fund the expansion of Police, Fire, and Park Services.  Recommendation: Council adopt on second reading, by title only, Draft Ordinance A, authorizing the levy of special taxes in Community Facilit ies District 2005-1 for certain annexation territory. [Community Development] 6. Amendments to Municipal Code Relating to the Planning and Parks & Recreation Commissions - Second Reading of Ordinance  Fiscal Impact: None.  Recommendation: Council adopt on second reading, by title only, the Draft Ordinance, amending Section 2-9.02 and Title 2 Chapter 13 of the Atascadero Municipal Code relating to the Planning Commission and the Parks and Recreation Commission. [City Clerk] ITEM NUMBER: A-2 DATE: 05/12/15 City of Atascadero April 28, 2015 Page 4 of 5 7. Weed/Refuse Abatement Program  Fiscal Impact: The City recovers costs for administering this program through the 150% administrative fee, which is placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2015 -2016 Tax Roll.  Recommendation: Council adopt the Draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commencing proceedings for the abatement of said nuisances, and placing all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2015-2016 Tax Roll. [Fire] 8. Historic City Hall Conference Room 104 - Facility Use Agreement - Atascadero Veterans Memorial Foundation  Fiscal Impact: A potential loss of rental fees the conference room might otherwise generate and a potential impact to front counter staff time.  Recommendations: Council: 1. Adopt Draft Resolution authorizing specified organizations to use City facilities in a manner specified in written agreements regarding use of City Facilities; and, 2. Authorize the City Manager to execute a Facility Use Agreement with the Atascadero Veterans Memorial Foundation. [City Manager] City Clerk Torgerson announced that Council Member Sturtevant was not present at the March 24, 2015 meeting, and would be abstaining from Item #A-1. Mayor Pro Tem Moreno pointed out a typo in Item #A -2 MOTION: By Council Member Kelley and seconded by Council Member Fonzi to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-1: Sturtevant abstained, #A-2: approved as amended) (#A-5: Ordinance No. 587, #A-6: Ordinance No. 588, #A-7: Resolution No. 2015-020, #A-8.1: Resolution No. 2015-021, #A-8.2: Contract No. 2015- 008) UPDATES FROM THE CITY MANAGER: None COMMUNITY FORUM: The following citizens spoke during Community Forum: Dennis Lockridge Mayor O’Malley closed the COMMUNITY FORUM period. ITEM NUMBER: A-2 DATE: 05/12/15 City of Atascadero April 28, 2015 Page 5 of 5 B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: None COUNCIL ANNOUNCEMENTS AND REPORTS: None D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURN Mayor O’Malley adjourned the meeting at 6:09 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk / Deputy City Manager ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-3 DATE: 05/12/15 ITEM NUMBER: A-4 DATE: 05/12/15 Atascadero City Council Staff Report – Administrative Services Department Apple Valley Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley); and, 3. Adopt Draft Resolution C declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2015/2016, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016; and, 6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016. REPORT-IN-BRIEF: 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 Atascadero Landscape 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, ITEM NUMBER: A-4 DATE: 05/12/15 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 report and the levies must be approved by Council annually. This is done in a two-step process. Tonight, there are three resolutions for each district (a total of 6 resolutions in all) that must be passed in order to continue the assessments within the districts. The resolutions passed tonight will also establish the date and time for the public hearing. The public hearing is tentatively scheduled for June 9, 2015 at 6:00 p.m., at which time the final resolutions will be presented to the Council for consideration. The proposed assessments for fiscal year 2015/2016 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 3.0% this year for both districts. The Landscape and Lighting District has a surplus fund balance, so the City staff held a neighborhood meeting to receive input from property owners as to the preference on how to treat the surplus. The property owners in attendance requested an assessment of about 65% of the allowable maximum annual assessments for the Landscaping and Lighting District, and about 75% for the Street and Storm Drain District. Amount Per EBU Maximum Assessment Fiscal Year 2015-16 Amount Per EBU Proposed Assessment Fiscal Year 2015-16 District Atascadero Street and Storm Drain Maintenance District No. 01 Apple Valley Atascadero Landscaping and Lighting Maintenance District No. 01 Apple Valley 670.12$ 1,464.42$ 500.00$ 950.00$ FISCAL IMPACT: Annual assessments for 2015/2016 will total $35,000 for road/drainage system maintenance and $66,500 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENTS: 1. Draft Resolution A - initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016 2. Draft Resolution B - accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) 3. Draft Resolution C - declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2015/2016, and to appoint a time and place for the public hearing on these matters 4. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2015/2016 assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) 5. Draft Resolution D - initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code 6. Draft Resolution E - preliminary approval of the Annual Engineer’s Levy Report for Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016 7. Draft Resolution F - declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2015/2016 8. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2015/2016 assessments for Atascadero Landscaping and Lighting District No. 01 (Apple Valley) ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) FOR FISCAL YEAR 2015/2016. The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council 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 “1982 Act”) formed an assessment district to be designated as Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”), for the purpose of funding the ongoing operation, maintenance and servicing of public streets, sidewalks, storm drain and flood control facilities installed in conjunction with the development of properties known as Apple Valley Tract 2495; and to levy and collect annual assessments related thereto. The 1982 Act provides for the formation of such an assessment district pursuant to Article 3 Section 54710, and provides for the levy and collection of assessments by the County on behalf of the City pursuant to Article 4 Section 54718; and, WHEREAS, the City Council has retained NBS as the Engineer of Work, for the purpose of assisting with the administration of the District, the establishment of annual assessments, and to prepare and file an Engineer’s Report with the City Clerk in accordance with the 1982 Act; and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby orders the Engineer to prepare and file an Engineer’s Annual Levy Report concerning the levy of assessments for properties within the District as specified by Article 4 Section 54716 of the 1982 Act. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 1 right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. SECTION 3. The territory within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) consists of lots, parcels and subdivisions of land located in the development known as Apple Valley Tract 2495. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACCEPTING AND PRELIMINARILY APPROVING THE ENGINEER’S ANNUAL LEVY REPORT REGARDING THE ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY). The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolution, ordered the preparation of an Engineer’s Annual Levy Report (hereafter referred to as the “Report”) regarding the assessment district to be designated as the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”), and the levy and collection of assessments related thereto, 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 “1982 Act”); and, WHEREAS, there has now been presented to this City Council the Report as specified by Article 4 Section 54716 of said 1982 Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the District and the budget items and documents as set forth therein, and is satisfied that the proposed assessments have been spread in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The preceding recitals are true and correct. SECTION 2. That the Report as presented, consists of the following: a. A Description of Improvements. b. A Boundary Diagram of the District. ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 2 c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. d. The proposed Budget (Costs and Expenses) and the duration and collection of assessments. e. The District Roll containing the Levy for each Assessor Parcel Number within the District for fiscal year 2015/2016. SECTION 3. The Report is hereby approved on a preliminary basis, and 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 Maximum Assessment described in the Report is hereby approved on a preliminary basis. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 2 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 3 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS WITHIN ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) IN FISCAL YEAR 2015/2016, AND TO APPOINT A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS. The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council 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 “1982 Act”) did by previous Resolution approve the levy and collection of annual assessments to pay for the operation, maintenance and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto for the assessment district designated as Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”); and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with the proposed District, and the levy of assessments for Fiscal Year 2015/2016 (July 1, 2015 and ending June 30, 2016) in accordance with Chapter 1, Article 4 of the 1982 Act and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID, and the City Council did by previous Resolution preliminarily approve such Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby declares its intention to seek the annual levy of the District pursuant to the 1982 Act, over and including the land within the District boundary, and to levy and collect special benefit assessments on parcels of land within the District to pay for the costs and expenses associated with the operation, maintenance, repair and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 3 and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. The Engineer’s Report, as ordered by previous Resolution, provides a full and complete description of the improvements within the District. SECTION 3. The proposed territory within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) consists of lots, parcels and subdivisions of land located in the development known as Apple Valley Tract 2495. SECTION 4. The proposed assessments for the District are outlined in the Engineer’s Report. The Report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 2 of this Resolution. SECTION 5. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 9, 2015 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 6500 Palma Avenue, Atascadero, California. The City shall give notice of the time and place of the Public Hearing by publishing this resolution in a local newspaper pursuant to Government Code Section 6061. At the Public Hearing, interested persons shall be permitted to present written and/or oral testimony. ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 3 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Street and Storm Drain Maintenance District No. 01 (Apple Valley) City of Atascadero Fiscal Year 2015/16 ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 4 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Street & Storm Drain Maintenance No. 1 City of Atascadero $0.00 $0.00 $0.00049-191-039049-191-039 0.00 0.00 0.00049-191-040049-191-040 0.00 0.00 0.00049-191-041049-191-041 500.00 0.00 500.00049-192-001049-192-001 500.00 0.00 500.00049-192-002049-192-002 500.00 0.00 500.00049-192-003049-192-003 500.00 0.00 500.00049-192-004049-192-004 500.00 0.00 500.00049-192-005049-192-005 500.00 0.00 500.00049-192-006049-192-006 500.00 0.00 500.00049-192-007049-192-007 500.00 0.00 500.00049-192-008049-192-008 500.00 0.00 500.00049-192-009049-192-009 500.00 0.00 500.00049-192-010049-192-010 500.00 0.00 500.00049-192-011049-192-011 500.00 0.00 500.00049-192-012049-192-012 500.00 0.00 500.00049-192-013049-192-013 500.00 0.00 500.00049-192-014049-192-014 500.00 0.00 500.00049-192-015049-192-015 500.00 0.00 500.00049-192-016049-192-016 500.00 0.00 500.00049-192-017049-192-017 500.00 0.00 500.00049-192-018049-192-018 500.00 0.00 500.00049-192-019049-192-019 500.00 0.00 500.00049-192-020049-192-020 500.00 0.00 500.00049-192-021049-192-021 500.00 0.00 500.00049-192-022049-192-022 500.00 0.00 500.00049-193-001049-193-001 500.00 0.00 500.00049-193-002049-193-002 500.00 0.00 500.00049-193-003049-193-003 500.00 0.00 500.00049-193-004049-193-004 500.00 0.00 500.00049-193-005049-193-005 500.00 0.00 500.00049-193-006049-193-006 500.00 0.00 500.00049-193-007049-193-007 500.00 0.00 500.00049-193-008049-193-008 500.00 0.00 500.00049-193-010049-193-010 500.00 0.00 500.00049-193-011049-193-011 500.00 0.00 500.00049-193-012049-193-012 500.00 0.00 500.00049-193-013049-193-013 500.00 0.00 500.00049-193-014049-193-014 500.00 0.00 500.00049-193-015049-193-015 500.00 0.00 500.00049-193-016049-193-016 500.00 0.00 500.00049-193-017049-193-017 500.00 0.00 500.00049-193-018049-193-018 500.00 0.00 500.00049-193-019049-193-019 500.00 0.00 500.00049-193-020049-193-020 500.00 0.00 500.00049-193-021049-193-021 500.00 0.00 500.00049-193-022049-193-022 500.00 0.00 500.00049-193-023049-193-023 500.00 0.00 500.00049-193-024049-193-024 Page 1 of 2 04/20/2015 03:46:56PMCopyright © 2013 by NBS ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 4 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Street & Storm Drain Maintenance No. 1 City of Atascadero 500.00 0.00 500.00049-193-025049-193-025 500.00 0.00 500.00049-193-026049-193-026 500.00 0.00 500.00049-193-027049-193-027 500.00 0.00 500.00049-193-028049-193-028 500.00 0.00 500.00049-193-029049-193-029 500.00 0.00 500.00049-193-030049-193-030 500.00 0.00 500.00049-193-031049-193-031 500.00 0.00 500.00049-193-032049-193-032 500.00 0.00 500.00049-193-033049-193-033 500.00 0.00 500.00049-193-034049-193-034 500.00 0.00 500.00049-193-035049-193-035 500.00 0.00 500.00049-193-036049-193-036 500.00 0.00 500.00049-193-037049-193-037 500.00 0.00 500.00049-193-038049-193-038 500.00 0.00 500.00049-193-039049-193-039 500.00 0.00 500.00049-193-040049-193-040 500.00 0.00 500.00049-193-041049-193-041 500.00 0.00 500.00049-193-042049-193-042 500.00 0.00 500.00049-193-043049-193-043 500.00 0.00 500.00049-193-044049-193-044 500.00 0.00 500.00049-193-045049-193-045 500.00 0.00 500.00049-193-046049-193-046 500.00 0.00 500.00049-193-047049-193-047 500.00 0.00 500.00049-193-048049-193-048 0.00 0.00 0.00049-193-049049-193-049 500.00 0.00 500.00049-193-051049-193-051 $35,000.0074 Accounts $35,000.00$0.00 Page 2 of 2 04/20/2015 03:46:56PMCopyright © 2013 by NBS ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 4 ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 5 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) FOR FISCAL YEAR 2015/2016 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolutions, formed the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) (hereafter referred to as “District”) pursuant to the provisions of 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”) that provides for levy and collection of assessments by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of lighting facilities, landscaping, and appurtenant facilities and operations related thereto; and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has retained NBS for the purpose of assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Engineer’s Annual Levy Report: The City Council hereby orders NBS to prepare the Engineer’s Annual Levy Report concerning the levy of assessments for the District in accordance with Chapter 3, Section 22622 of the Act. SECTION 2. Proposed Improvements and Any Substantial Changes in Existing Improvements: The improvements within the District include the ongoing operation, administration, maintenance, servicing and incidental expenses related to the dedicated landscape areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were installed as part of property development and associated with the District. Said improvements may 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 right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 5 Engineer's Annual Levy Report describes any new improvements or substantial changes in existing improvements. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 6 DRAFT RESOLUTION E RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FOR PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL LEVY REPORT FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) FOR FISCAL YEAR 2015/2016. The City Council of the City of Atascadero (hereafter referred to as “City Council”) does resolve as follows: WHEREAS, the City Council has, by previous Resolutions, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the “Report”) for the district known and designated as the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division of the Streets and Highways Code of California , beginning with Section 22500 (hereafter referred to as the “Act”); and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has now been presented with the Report as required by Chapter 1, Article 4, Section 22566 of said Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with the Report, each of the budget items and documents as set forth therein and is satisfied on a preliminary basis that the proposed assessments have been spread in accordance with the benefits received from the improvements, operation, maintenance, and services to be performed within each benefit zone as set forth in said Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. That the presented Report consists of the following: a. A Description of the Improvements b. The Annual Budget (Costs and Expenses of Services, Operation, and Maintenance) c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. d. The District Roll containing the proposed assessment for each parcel within the District for Fiscal Year 2015/2016. ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 6 SECTION 3. The Report is hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 7 DRAFT RESOLUTION F RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) FOR FISCAL YEAR 2015/2016. The City Council of the City of Atascadero (hereafter referred to as “City Council”) does resolve as follows: WHEREAS, The City Council has by previous Resolution initiated proceedings for fiscal year 2015/2016 regarding the levy and collection of assessments for the Atascadero Landscaping and Lighting District No. 01 (Apple Valley) (hereafter referred to as the “District”). Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the “Act”), assessments for the District shall be levied and collected by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of the improvements and facilities related thereto; and, WHEREAS, the proposed District assessments for fiscal year 2015/2016 are less than or equal to the maximum assessments previously approved in accordance with the requirements of the California Constitution, Article XIIID; and, WHEREAS, there has now been presented to this City Council an Engineer’s Annual Levy Report (hereafter referred to as the “Engineer’s Report”), and said Engineer’s Report has been filed with the City Clerk in accordance with the Act; and, WHEREAS, the City Council has examined and reviewed the Engineer’s Report as presented and is satisfied with the Report, each of the budget items and documents as set forth therein and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report. ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 7 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero, pursuant to Chapter 3, Section 22624 of the Act, as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the lands, lots and parcels within the District boundary. The City Council further declares its intention to levy and collect assessments on such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for fiscal year 2015/2016. SECTION 3. The boundaries of the District are described in the Engineer’s Report and are consistent with the boundary established and described in the original formation documents, on file with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the City of Atascadero, within the County of San Luis Obispo, State of California and includes the territory known as Apple Valley and referred to as the “Atascadero Landscaping and Lighting District No. 1”. SECTION 4. The improvements within the District include 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. 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 right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. SECTION 5. The proposed assessments for fiscal year 2015/2016, as outlined in the Engineer’s Report, do not exceed the maximum assessment approved by the property owners through a property owner balloting proceeding conducted in 2005. As such, the proposed assessments do not constitute an increased assessment and do not require additional property owner approval in accordance with the requirements of the California Constitution, Article XIIID. SECTION 6. The City Council hereby declares its intention to conduct a Public Hearing concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of the Act. SECTION 7. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 9, 2015, at 6:00 p.m., at the City Council Chambers, 6500 Palma Avenue, Atascadero, California or as soon thereafter as feasible. SECTION 8. The City Council hereby authorizes and directs the City Clerk to give notice of the time and place of the Public Hearing to all property owners within the District pursuant to Sections 22626, 22552 and 22553 of the Act and 6061 of the Government Code. The City Clerk shall give notice to all property owners by causing notice of the public hearing to be published in the local newspaper one time at least 10 days prior to the Public Hearing. ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 7 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Landscaping and Lighting District No. 01 (Apple Valley) City of Atascadero Fiscal Year 2015/16 ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 8 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Landscaping & Lighting Maint Dist No. 1 City of Atascadero $0.00 $0.00 $0.00049-191-039049-191-039 0.00 0.00 0.00049-191-040049-191-040 0.00 0.00 0.00049-191-041049-191-041 950.00 0.00 950.00049-192-001049-192-001 950.00 0.00 950.00049-192-002049-192-002 950.00 0.00 950.00049-192-003049-192-003 950.00 0.00 950.00049-192-004049-192-004 950.00 0.00 950.00049-192-005049-192-005 950.00 0.00 950.00049-192-006049-192-006 950.00 0.00 950.00049-192-007049-192-007 950.00 0.00 950.00049-192-008049-192-008 950.00 0.00 950.00049-192-009049-192-009 950.00 0.00 950.00049-192-010049-192-010 950.00 0.00 950.00049-192-011049-192-011 950.00 0.00 950.00049-192-012049-192-012 950.00 0.00 950.00049-192-013049-192-013 950.00 0.00 950.00049-192-014049-192-014 950.00 0.00 950.00049-192-015049-192-015 950.00 0.00 950.00049-192-016049-192-016 950.00 0.00 950.00049-192-017049-192-017 950.00 0.00 950.00049-192-018049-192-018 950.00 0.00 950.00049-192-019049-192-019 950.00 0.00 950.00049-192-020049-192-020 950.00 0.00 950.00049-192-021049-192-021 950.00 0.00 950.00049-192-022049-192-022 950.00 0.00 950.00049-193-001049-193-001 950.00 0.00 950.00049-193-002049-193-002 950.00 0.00 950.00049-193-003049-193-003 950.00 0.00 950.00049-193-004049-193-004 950.00 0.00 950.00049-193-005049-193-005 950.00 0.00 950.00049-193-006049-193-006 950.00 0.00 950.00049-193-007049-193-007 950.00 0.00 950.00049-193-008049-193-008 950.00 0.00 950.00049-193-010049-193-010 950.00 0.00 950.00049-193-011049-193-011 950.00 0.00 950.00049-193-012049-193-012 950.00 0.00 950.00049-193-013049-193-013 950.00 0.00 950.00049-193-014049-193-014 950.00 0.00 950.00049-193-015049-193-015 950.00 0.00 950.00049-193-016049-193-016 950.00 0.00 950.00049-193-017049-193-017 950.00 0.00 950.00049-193-018049-193-018 950.00 0.00 950.00049-193-019049-193-019 950.00 0.00 950.00049-193-020049-193-020 950.00 0.00 950.00049-193-021049-193-021 950.00 0.00 950.00049-193-022049-193-022 950.00 0.00 950.00049-193-023049-193-023 950.00 0.00 950.00049-193-024049-193-024 Page 1 of 2 04/20/2015 04:54:58PMCopyright © 2013 by NBS ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 8 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Landscaping & Lighting Maint Dist No. 1 City of Atascadero 950.00 0.00 950.00049-193-025049-193-025 950.00 0.00 950.00049-193-026049-193-026 950.00 0.00 950.00049-193-027049-193-027 950.00 0.00 950.00049-193-028049-193-028 950.00 0.00 950.00049-193-029049-193-029 950.00 0.00 950.00049-193-030049-193-030 950.00 0.00 950.00049-193-031049-193-031 950.00 0.00 950.00049-193-032049-193-032 950.00 0.00 950.00049-193-033049-193-033 950.00 0.00 950.00049-193-034049-193-034 950.00 0.00 950.00049-193-035049-193-035 950.00 0.00 950.00049-193-036049-193-036 950.00 0.00 950.00049-193-037049-193-037 950.00 0.00 950.00049-193-038049-193-038 950.00 0.00 950.00049-193-039049-193-039 950.00 0.00 950.00049-193-040049-193-040 950.00 0.00 950.00049-193-041049-193-041 950.00 0.00 950.00049-193-042049-193-042 950.00 0.00 950.00049-193-043049-193-043 950.00 0.00 950.00049-193-044049-193-044 950.00 0.00 950.00049-193-045049-193-045 950.00 0.00 950.00049-193-046049-193-046 950.00 0.00 950.00049-193-047049-193-047 950.00 0.00 950.00049-193-048049-193-048 0.00 0.00 0.00049-193-049049-193-049 950.00 0.00 950.00049-193-051049-193-051 $66,500.0074 Accounts $66,500.00$0.00 Page 2 of 2 04/20/2015 04:54:58PMCopyright © 2013 by NBS ITEM NUMBER: A-4 DATE: 05/12/15 ATTACHMENT: 8 ITEM NUMBER: A-5 DATE: 05/12/15 Atascadero City Council Staff Report – Administrative Services Department De Anza Estates Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates); and, 3. Adopt Draft Resolution C declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2015/2016, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016; and, 6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016. REPORT-IN-BRIEF: The City Council formed and began assessing Atascadero 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 Atascadero Landscape 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, ITEM NUMBER: A-5 DATE: 05/12/15 walkways, paths and other landscape and lighting improvements within the De Anza Estates subdivision. NBS, an independent financial consultant, was hired to prepare the engineer’s report for the two districts. The engineer’s report and the levies must be approved by Council annually. This is done in a two-step process. Tonight, there are three resolutions for each district (a total of 6 resolutions in all) that must be passed in order to continue the assessments within the districts. The resolutions passed tonight will also establish the date and time for the public hearing. The public hearing is tentatively scheduled for June 9, 2015, at 6:00 p.m., at which time the final resolutions will be presented to the Council for consideration. The proposed assessments for fiscal year 2015/2016 are less than the Maximum Assessment Rate. In accordance with the formula voters of the district ad opted 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 3.0% this year for both districts. The Landscape and Lighting District has a surplus fund balance, so the City staff held a neighborhood meeting to receive input from property owners as to the preference on how to treat the surplus. The property owners in attendance requested an assessment of about 21% of the allowable maximum annual assessments for the Landscaping and Lighting District, and about 87% for the Street and Storm Drain District. Atascadero Street and Storm Drain Maintenance District No. 03 De Anza Estates - Single Family Residential 822.63$ 712.92$ Atascadero Landscaping and Lighting Maintenance District No. 03 De Anza Estates 1,179.55$ 250.00$ District Amount Per EBU Maximum Assessment Fiscal Year 2015-16 Amount Per EBU Proposed Assessment Fiscal Year 2015-16 Atascadero Street and Storm Drain Maintenance District No. 03 De Anza Estates - Senior Housing 665.38$ 574.78$ FISCAL IMPACT: Annual assessments for 2015/2016 will total $40,090 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 2015/2016 for half of the maintenance costs of the trails and open space. ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENTS: 1. Draft Resolution A - initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016 2. Draft Resolution B - accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) 3. Draft Resolution C - declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2015/2016, and to appoint a time and place for the public hearing on these matters 4. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2015/2016 assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) 5. Draft Resolution D - initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code 6. Draft Resolution E - preliminary approval of the Annual Engineer’s Levy Report for Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016 7. Draft Resolution F - declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2015/2016 8. Engineer’s Report- for the levy and collection of fiscal year 2015/2016 assessments for Landscaping and Lighting District No. 03 (De Anza Estates) ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) FOR FISCAL YEAR 2015/2016. The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council 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 “1982 Act”) formed an assessment district to be designated as Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the “District”), for the purpose of funding the ongoing operation, maintenance and servicing of public streets, sidewalks, storm drain and flood control facilities installed in conjunction with the development of properties known as De Anza Estates Tract 2498; and to levy and collect annual assessments related thereto. The 1982 Act provides for the formation of such an assessment district pursuant to Article 3 Section 54710, and provides for the levy and collection of assessments by the County on behalf of the City pursuant to Article 4 Section 54718; and, WHEREAS, the City Council has retained NBS as the Engineer of Work, for the purpose of assisting with the administration of the District, the establishment of annual assessments, and to prepare and file an Engineer’s Report with the City Clerk in accordance with the 1982 Act; and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby orders the Engineer to prepare and file an Engineer’s Annual Levy Report concerning the levy of assessments for properties within the District as specified by Article 4 Section 54716 of the 1982 Act. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 1 right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. SECTION 3. The territory within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) consists of lots, parcels and subdivisions of land located in the development known as De Anza Estates Tract 2498. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACCEPTING AND PRELIMINARILY APPROVING THE ENGINEER’S ANNUAL LEVY REPORT REGARDING THE ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES). The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolution, ordered the preparation of an Engineer’s Annual Levy Report (hereafter referred to as the “Report”) regarding the assessment district to be designated as the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the “District”), and the levy and collection of assessments related thereto, 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 “1982 Act”); and, WHEREAS, there has now been presented to this City Council the Report as specified by Article 4 Section 54716 of said 1982 Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the District and the budget items and documents as set forth therein, and is satisfied that the proposed assessments have been spread in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The preceding recitals are true and correct. SECTION 2. That the Report as presented, consists of the following: a. A Description of Improvements. b. A Boundary Diagram of the District. c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 2 d. The proposed Budget (Costs and Expenses) and the duration and collection of assessments. e. The District Roll containing the Levy for each Assessor Parcel Number within the District for fiscal year 2015/2016. SECTION 3. The Report is hereby approved on a preliminary basis, and 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 Maximum Assessment described in the Report is hereby approved on a preliminary basis. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 2 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 3 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS WITHIN ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) IN FISCAL YEAR 2015/2016, AND TO APPOINT A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS. The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council 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 “1982 Act”) did by previous Resolution approve the levy and collection of annual assessments to pay for the operation, maintenance and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto for the assessment district designated as Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the “District”); and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with the proposed District, and the levy of assessments for Fiscal Year 2015/2016 (July 1, 2015 and ending June 30, 2016) in accordance with Chapter 1, Article 4 of the 1982 Act and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID, and the City Council did by previous Resolution preliminarily approve such Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby declares its intention to seek the annual levy of the District pursuant to the 1982 Act, over and including the land within the District boundary, and to levy and collect special benefit assessments on parcels of land within the District to pay for the costs and expenses associated with the operation, maintenance, repair and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 3 right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. The Engineer’s Report, as ordered by previous Resolution, provides a full and complete description of the improvements within the District. SECTION 3. The proposed territory within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) consists of lots, parcels and subdivisions of land located in the development known as De Anza Estates Tract 2498. SECTION 4. The proposed assessments for the District are outlined in the Engineer’s Report. The Report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 2 of this Resolution. SECTION 5. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 9, 2015 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 6500 Palma Avenue, Atascadero, California. The City shall give notice of the time and place of the Public Hearing by publishing this resolution in a local newspaper pursuant to Government Code Section 6061. At the Public Hearing, interested persons shall be permitted to present written and/or oral testimony. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Street and Storm Drain Maintenance District No. 03 (De Anza Estates) City of Atascadero Fiscal Year 2015/16 ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 4 Final Billing Detail Report for the 08/01/2015 Billing LevyZnAProperty ID LevyZnB Other TotalDBAccount ID Street & Storm Drain Maintenance No. 3 City of Atascadero $0.00 $0.00 $0.00 $0.00049-043-003049-043-003 0.00 0.00 0.00 0.00049-043-004049-043-004 0.00 712.92 0.00 712.92049-044-002049-044-002 0.00 712.92 0.00 712.92049-044-003049-044-003 0.00 712.92 0.00 712.92049-044-004049-044-004 0.00 712.92 0.00 712.92049-044-005049-044-005 0.00 712.92 0.00 712.92049-044-006049-044-006 0.00 712.92 0.00 712.92049-044-007049-044-007 0.00 712.92 0.00 712.92049-044-008049-044-008 0.00 712.92 0.00 712.92049-044-009049-044-009 0.00 712.92 0.00 712.92049-044-010049-044-010 0.00 712.92 0.00 712.92049-044-011049-044-011 0.00 712.92 0.00 712.92049-044-012049-044-012 0.00 712.92 0.00 712.92049-044-013049-044-013 0.00 712.92 0.00 712.92049-044-014049-044-014 0.00 712.92 0.00 712.92049-044-015049-044-015 0.00 712.92 0.00 712.92049-044-016049-044-016 0.00 712.92 0.00 712.92049-044-017049-044-017 0.00 712.92 0.00 712.92049-044-018049-044-018 0.00 712.92 0.00 712.92049-044-019049-044-019 0.00 712.92 0.00 712.92049-044-020049-044-020 0.00 712.92 0.00 712.92049-044-021049-044-021 0.00 712.92 0.00 712.92049-044-022049-044-022 0.00 712.92 0.00 712.92049-044-023049-044-023 0.00 712.92 0.00 712.92049-044-024049-044-024 0.00 712.92 0.00 712.92049-044-025049-044-025 0.00 712.92 0.00 712.92049-044-026049-044-026 0.00 712.92 0.00 712.92049-044-033049-044-033 0.00 0.00 0.00 0.00049-046-001049-046-001 359.24 0.00 0.00 359.24049-046-002049-046-002 359.24 0.00 0.00 359.24049-046-003049-046-003 359.24 0.00 0.00 359.24049-046-004049-046-004 359.24 0.00 0.00 359.24049-046-005049-046-005 359.24 0.00 0.00 359.24049-046-006049-046-006 359.24 0.00 0.00 359.24049-046-007049-046-007 359.24 0.00 0.00 359.24049-046-008049-046-008 359.24 0.00 0.00 359.24049-046-009049-046-009 359.24 0.00 0.00 359.24049-046-010049-046-010 359.24 0.00 0.00 359.24049-046-011049-046-011 359.24 0.00 0.00 359.24049-046-012049-046-012 359.24 0.00 0.00 359.24049-046-013049-046-013 359.24 0.00 0.00 359.24049-046-014049-046-014 359.24 0.00 0.00 359.24049-046-015049-046-015 359.24 0.00 0.00 359.24049-046-016049-046-016 359.24 0.00 0.00 359.24049-046-017049-046-017 359.24 0.00 0.00 359.24049-046-018049-046-018 359.24 0.00 0.00 359.24049-046-019049-046-019 359.24 0.00 0.00 359.24049-046-020049-046-020 Page 1 of 2 04/23/2015 04:16:18PMCopyright © 2013 by NBS ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 4 Final Billing Detail Report for the 08/01/2015 Billing LevyZnAProperty ID LevyZnB Other TotalDBAccount ID Street & Storm Drain Maintenance No. 3 City of Atascadero 359.24 0.00 0.00 359.24049-046-021049-046-021 359.24 0.00 0.00 359.24049-046-022049-046-022 359.24 0.00 0.00 359.24049-046-023049-046-023 359.24 0.00 0.00 359.24049-046-024049-046-024 359.24 0.00 0.00 359.24049-046-025049-046-025 359.24 0.00 0.00 359.24049-046-026049-046-026 359.24 0.00 0.00 359.24049-046-027049-046-027 359.24 0.00 0.00 359.24049-046-028049-046-028 359.24 0.00 0.00 359.24049-046-029049-046-029 359.24 0.00 0.00 359.24049-046-030049-046-030 359.24 0.00 0.00 359.24049-046-031049-046-031 359.24 0.00 0.00 359.24049-046-032049-046-032 359.24 0.00 0.00 359.24049-046-033049-046-033 359.24 0.00 0.00 359.24049-046-034049-046-034 359.24 0.00 0.00 359.24049-046-035049-046-035 359.24 0.00 0.00 359.24049-046-036049-046-036 359.24 0.00 0.00 359.24049-046-037049-046-037 359.24 0.00 0.00 359.24049-046-038049-046-038 359.24 0.00 0.00 359.24049-046-039049-046-039 359.24 0.00 0.00 359.24049-046-040049-046-040 359.24 0.00 0.00 359.24049-046-041049-046-041 359.24 0.00 0.00 359.24049-046-042049-046-042 359.24 0.00 0.00 359.24049-046-043049-046-043 359.24 0.00 0.00 359.24049-046-044049-046-044 359.24 0.00 0.00 359.24049-046-045049-046-045 359.24 0.00 0.00 359.24049-046-046049-046-046 359.24 0.00 0.00 359.24049-046-047049-046-047 359.24 0.00 0.00 359.24049-046-048049-046-048 359.24 0.00 0.00 359.24049-046-049049-046-049 359.24 0.00 0.00 359.24049-046-050049-046-050 359.24 0.00 0.00 359.24049-046-051049-046-051 359.24 0.00 0.00 359.24049-046-052049-046-052 359.24 0.00 0.00 359.24049-046-053049-046-053 359.24 0.00 0.00 359.24049-046-054049-046-054 359.24 0.00 0.00 359.24049-046-055049-046-055 359.24 0.00 0.00 359.24049-046-056049-046-056 359.24 0.00 0.00 359.24049-046-057049-046-057 359.24 0.00 0.00 359.24049-046-058049-046-058 359.24 0.00 0.00 359.24049-046-059049-046-059 359.24 0.00 0.00 359.24049-046-060049-046-060 359.24 0.00 0.00 359.24049-046-061049-046-061 $21,554.40 $18,535.9289 Accounts $40,090.32$0.00 Page 2 of 2 04/23/2015 04:16:18PMCopyright © 2013 by NBS ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 4 ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 5 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 3 (DE ANZA ESTATES) FOR FISCAL YEAR 2015/2016 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolutions, formed the Atascadero Landscaping and Lighting Maintenance District No. 3 (hereafter referred to as “District”) pursuant to the provisions of 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”) that provides for levy and collection of assessments by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of lighting facilities, landscaping, and appurtenant facilities and operations related thereto; and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has retained NBS for the purpose of assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Engineer’s Annual Levy Report: The City Council hereby orders NBS to prepare the Engineer’s Annual Levy Report concerning the levy of assessments for the District in accordance with Chapter 3, Section 22622 of the Act. SECTION 2. Proposed Improvements and Any Substantial Changes in Existing Improvements: The improvements within the District include the ongoing operation, administration, maintenance, servicing and incidental expenses related to the dedicated landscape areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were installed as part of property development and associated with the District. Said improvements may 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 ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 5 landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The Engineer's Annual Levy Report describes any new improvements or substantial changes in existing improvements. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 6 DRAFT RESOLUTION E RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FOR PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL LEVY REPORT FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 3 (DE ANZA ESTATES) FOR FISCAL YEAR 2015/2016. The City Council of the City of Atascadero (hereafter referred to as “City Council”) does resolve as follows: WHEREAS, the City Council has, by previous Resolutions, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the “Report”) for the district known and designated as the Atascadero Landscaping and Lighting Maintenance District No. 3 (hereafter referred to as the “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has now been presented with the Report as required by Chapter 1, Article 4, Section 22566 of said Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with the Report, each of the budget items and documents as set forth therein and is satisfied on a preliminary basis that the proposed assessments have been spread in accordance with the benefits received from the improvements, operation, maintenance, and services to be performed within each benefit zone as set forth in said Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. That the presented Report consists of the following: a. A Description of the Improvements b. The Annual Budget (Costs and Expenses of Services, Operation, and Maintenance) c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. d. The District Roll containing the proposed assessment for each parcel within the District for Fiscal Year 2015/2016. ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 6 SECTION 3. The Report is hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 7 DRAFT RESOLUTION F RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) FOR FISCAL YEAR 2015/2016. The City Council of the City of Atascadero (hereafter referred to as “City Council”) does resolve as follows: WHEREAS, The City Council has by previous Resolution initiated proceedings for fiscal year 2015/2016 regarding the levy and collection of assessments for the Atascadero Landscaping and Lighting District No. 3 (hereafter referred to as the “District”). Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the “Act”), assessments for the District shall be levied and collected by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of the improvements and facilities related thereto; and, WHEREAS, the proposed District assessments for fiscal year 2015/2016 are less than or equal to the maximum assessments previously approved in accordance with the requirements of the California Constitution, Article XIIID; and, WHEREAS, there has now been presented to this City Council an Engineer’s Annual Levy Report (hereafter referred to as the “Engineer’s Report”), and said Engineer’s Report has been filed with the City Clerk in accordance with the Act; and, WHEREAS, the City Council has examined and reviewed the Engineer’s Report as presented and is satisfied with the Report, each of the budget items and documents as set forth therein and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the lands, lots and parcels within the District boundary. The City Council further declares its intention to levy and collect assessments on such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for fiscal year 2015/2016. ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 7 SECTION 3. The boundaries of the District are described in the Engineer’s Report and are consistent with the boundary established and described in the original formation documents, on file with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the City of Atascadero, within the County of San Luis Obispo, State of California and includes the territory known as De Anza Estates and referred to as the “Atascadero Landscaping and Lighting District No. 03”. SECTION 4. The improvements within the District include 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. 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 right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. SECTION 5. The proposed assessments for fiscal year 2015/2016, as outlined in the Engineer’s Report, do not exceed the maximum assessment approved by the property owners through a property owner balloting proceeding conducted in 2005. As such, the proposed assessments do not constitute an increased assessment and do not require additional property owner approval in accordance with the requirements of the California Constitution, Article XIIID. SECTION 6. The City Council hereby declares its intention to conduct a Public Hearing concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of the Act. SECTION 7. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 9, 2015, at 6:00 p.m., at the City Council Chambers, 6500 Palma Avenue, Atascadero, California or as soon thereafter as feasible. SECTION 8. The City Council hereby authorizes and directs the City Clerk to give notice of the time and place of the Public Hearing to all property owners within the District pursuant to Sections 22626, 22552 and 22553 of the Act and 6061 of the Government Code. The City Clerk shall give notice to all property owners by: causing notice of the public hearing to be published in the local newspaper one time at least 10 days prior to the Public Hearing. ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 7 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Landscaping and Lighting District No. 03 (De Anza Estates) City of Atascadero Fiscal Year 2015/16 ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 8 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Landscaping & Lighting Maint Dist No. 3 City of Atascadero $0.00 $0.00 $0.00049-043-003049-043-003 0.00 0.00 0.00049-043-004049-043-004 250.00 0.00 250.00049-044-002049-044-002 250.00 0.00 250.00049-044-003049-044-003 250.00 0.00 250.00049-044-004049-044-004 250.00 0.00 250.00049-044-005049-044-005 250.00 0.00 250.00049-044-006049-044-006 250.00 0.00 250.00049-044-007049-044-007 250.00 0.00 250.00049-044-008049-044-008 250.00 0.00 250.00049-044-009049-044-009 250.00 0.00 250.00049-044-010049-044-010 250.00 0.00 250.00049-044-011049-044-011 250.00 0.00 250.00049-044-012049-044-012 250.00 0.00 250.00049-044-013049-044-013 250.00 0.00 250.00049-044-014049-044-014 250.00 0.00 250.00049-044-015049-044-015 250.00 0.00 250.00049-044-016049-044-016 250.00 0.00 250.00049-044-017049-044-017 250.00 0.00 250.00049-044-018049-044-018 250.00 0.00 250.00049-044-019049-044-019 250.00 0.00 250.00049-044-020049-044-020 250.00 0.00 250.00049-044-021049-044-021 250.00 0.00 250.00049-044-022049-044-022 250.00 0.00 250.00049-044-023049-044-023 250.00 0.00 250.00049-044-024049-044-024 250.00 0.00 250.00049-044-025049-044-025 250.00 0.00 250.00049-044-026049-044-026 250.00 0.00 250.00049-044-033049-044-033 0.00 0.00 0.00049-046-001049-046-001 156.25 (0.01)156.24049-046-002049-046-002 156.25 (0.01)156.24049-046-003049-046-003 156.25 (0.01)156.24049-046-004049-046-004 156.25 (0.01)156.24049-046-005049-046-005 156.25 (0.01)156.24049-046-006049-046-006 156.25 (0.01)156.24049-046-007049-046-007 156.25 (0.01)156.24049-046-008049-046-008 156.25 (0.01)156.24049-046-009049-046-009 156.25 (0.01)156.24049-046-010049-046-010 156.25 (0.01)156.24049-046-011049-046-011 156.25 (0.01)156.24049-046-012049-046-012 156.25 (0.01)156.24049-046-013049-046-013 156.25 (0.01)156.24049-046-014049-046-014 156.25 (0.01)156.24049-046-015049-046-015 156.25 (0.01)156.24049-046-016049-046-016 156.25 (0.01)156.24049-046-017049-046-017 156.25 (0.01)156.24049-046-018049-046-018 156.25 (0.01)156.24049-046-019049-046-019 156.25 (0.01)156.24049-046-020049-046-020 Page 1 of 2 04/23/2015 04:18:17PMCopyright © 2013 by NBS ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 8 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Landscaping & Lighting Maint Dist No. 3 City of Atascadero 156.25 (0.01)156.24049-046-021049-046-021 156.25 (0.01)156.24049-046-022049-046-022 156.25 (0.01)156.24049-046-023049-046-023 156.25 (0.01)156.24049-046-024049-046-024 156.25 (0.01)156.24049-046-025049-046-025 156.25 (0.01)156.24049-046-026049-046-026 156.25 (0.01)156.24049-046-027049-046-027 156.25 (0.01)156.24049-046-028049-046-028 156.25 (0.01)156.24049-046-029049-046-029 156.25 (0.01)156.24049-046-030049-046-030 156.25 (0.01)156.24049-046-031049-046-031 156.25 (0.01)156.24049-046-032049-046-032 156.25 (0.01)156.24049-046-033049-046-033 156.25 (0.01)156.24049-046-034049-046-034 156.25 (0.01)156.24049-046-035049-046-035 156.25 (0.01)156.24049-046-036049-046-036 156.25 (0.01)156.24049-046-037049-046-037 156.25 (0.01)156.24049-046-038049-046-038 156.25 (0.01)156.24049-046-039049-046-039 156.25 (0.01)156.24049-046-040049-046-040 156.25 (0.01)156.24049-046-041049-046-041 156.25 (0.01)156.24049-046-042049-046-042 156.25 (0.01)156.24049-046-043049-046-043 156.25 (0.01)156.24049-046-044049-046-044 156.25 (0.01)156.24049-046-045049-046-045 156.25 (0.01)156.24049-046-046049-046-046 156.25 (0.01)156.24049-046-047049-046-047 156.25 (0.01)156.24049-046-048049-046-048 156.25 (0.01)156.24049-046-049049-046-049 156.25 (0.01)156.24049-046-050049-046-050 156.25 (0.01)156.24049-046-051049-046-051 156.25 (0.01)156.24049-046-052049-046-052 156.25 (0.01)156.24049-046-053049-046-053 156.25 (0.01)156.24049-046-054049-046-054 156.25 (0.01)156.24049-046-055049-046-055 156.25 (0.01)156.24049-046-056049-046-056 156.25 (0.01)156.24049-046-057049-046-057 156.25 (0.01)156.24049-046-058049-046-058 156.25 (0.01)156.24049-046-059049-046-059 156.25 (0.01)156.24049-046-060049-046-060 156.25 (0.01)156.24049-046-061049-046-061 $15,875.0089 Accounts $15,874.40 ($0.60) Page 2 of 2 04/23/2015 04:18:17PMCopyright © 2013 by NBS ITEM NUMBER: A-5 DATE: 05/12/15 ATTACHMENT: 8 ITEM NUMBER: A-6 DATE: 05/12/15 Atascadero City Council Staff Report – Administrative Services Department Las Lomas (Woodridge) Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge); and, 3. Adopt Draft Resolution C declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in fiscal year 2015/2016, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer’s Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016; and, 6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016. REPORT-IN-BRIEF: 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 subdivision. The City Council also formed and began assessing Atascadero Landscape 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, ITEM NUMBER: A-6 DATE: 05/12/15 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. NBS, an independent financial consultant, was hired to prepare the engineer’s report for the two districts. The engineer’s report and the levies must be approved by Council annually. This is done in a two-step process. Tonight, there are three resolutions for each district (a total of 6 resolutions in all) that must be passed in order to continue the assessments within the districts. The resolutions passed tonight will also establish the date and time for the public hearing. The public hearing is tentatively scheduled for June 9, 2015, at 6:00 p.m. or soon thereafter, at which time the final resolutions will be presented to the Council for passage. The proposed assessments for fiscal year 2015/2016 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 3.0% this year for both districts. The Landscape and Lighting District has a surplus fund balance, so the City staff held a neighborhood meeting to receive input from property owners as to the preference on how to treat the surplus. The property owners in attendance agreed on an assessment of about 12% of the allowable maximum annual assessments for the Landscaping and Lighting District, and about 8% of the Street and Storm Drain District. Atascadero Landscaping and Lighting Maintenance District No. 02 Las Lomas 1,664.83$ 200.00$ District Amount Per EBU Maximum Assessment Fiscal Year 2015-16 Amount Per EBU Proposed Assessment Fiscal Year 2015-16 Atascadero Street and Storm Drain Maintenance District No. 02 Las Lomas 670.41$ 52.00$ FISCAL IMPACT: Annual assessments for 2014/2015 will total $12,051 for road/drainage system maintenance and $46,350 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Las Lomas (Woodridge). ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENTS: 1. Draft Resolution A - initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016 2. Draft Resolution B - accepting and preliminarily approving the Engineer’s Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) 3. Draft Resolution C - declaring the City’s intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in fiscal year 2015/2016, and to appoint a time and place for the public hearing on these matters 4. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2015/2016 assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) 5. Draft Resolution D - initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code 6. Draft Resolution E - preliminary approval of the Annual Engineer’s Levy Report for Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016 7. Draft Resolution F - declaring the City’s intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2015/2016 8. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2015/2016 assessments for Atascadero Landscaping and Lighting District No. 02 (Woodridge) ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) FOR FISCAL YEAR 2015/2016. The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council 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 “1982 Act”) formed an assessment district to be designated as Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the “District”), for the purpose of funding the ongoing operation, maintenance and servicing of public streets, sidewalks, storm drain and flood control facilities installed in conjunction with the development of properties known as Tract 2525-1; and to levy and collect annual assessments related thereto. The 1982 Act provides for the formation of such an assessment district pursuant to Article 3 Section 54710, and provides for the levy and collection of assessments by the County on behalf of the City pursuant to Article 4 Section 54718; and, WHEREAS, the City Council has retained NBS as the Engineer of Work, for the purpose of assisting with the administration of the District, the establishment of annual assessments, and to prepare and file an Engineer’s Report with the City Clerk in accordance with the 1982 Act; and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby orders the Engineer to prepare and file an Engineer’s Annual Levy Report concerning the levy of assessments for properties within the District as specified by Article 4 Section 54716 of the 1982 Act. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 1 drainage basins, manholes, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District. SECTION 3. The territory within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) consists of lots, parcels and subdivisions of land located in the development known as Tract 2525-1. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACCEPTING AND PRELIMINARILY APPROVING THE ENGINEER’S ANNUAL LEVY REPORT REGARDING THE ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (WOODRIDGE). The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolution, ordered the preparation of an Engineer’s Annual Levy Report (hereafter referred to as the “Report”) regarding the assessment district to be designated as the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the “District”), and the levy and collection of assessments related thereto, 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 “1982 Act”); and, WHEREAS, there has now been presented to this City Council the Report as specified by Article 4 Section 54716 of said 1982 Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the District and the budget items and documents as set forth therein, and is satisfied that the proposed assessments have been spread in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The preceding recitals are true and correct. SECTION 2. That the Report as presented, consists of the following: a. A Description of Improvements. b. A Boundary Diagram of the District. c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 2 d. The proposed Budget (Costs and Expenses) and the duration and collection of assessments. e. The District Roll containing the Levy for each Assessor Parcel Number within the District for fiscal year 2015/2016. SECTION 3. The Report is hereby approved on a preliminary basis, and 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 Maximum Assessment described in the Report is hereby approved on a preliminary basis. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 3 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS WITHIN ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) IN FISCAL YEAR 2015/2016, AND TO APPOINT A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS. The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council 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 “1982 Act”) did by previous Resolution approve the levy and collection of annual assessments to pay for the operation, maintenance and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto for the assessment district designated as Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the “District”); and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with the proposed District, and the levy of assessments for Fiscal Year 2015/2016 (July 1, 2015 and ending June 30, 2016) in accordance with Chapter 1, Article 4 of the 1982 Act and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID, and the City Council did by previous Resolution preliminarily approve such Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby declares its intention to seek the annual levy of the District pursuant to the 1982 Act, over and including the land within the District boundary, and to levy and collect special benefit assessments on parcels of land within the District to pay for the costs and expenses associated with the operation, maintenance, repair and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 3 curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District. The Engineer’s Report, as ordered by previous Resolution, provides a full and complete description of the improvements within the District. SECTION 3. The proposed territory within Street and Storm Drain Maintenance District No. 02 (Woodridge) consists of lots, parcels and subdivisions of land located in the development known as Tract 2525-1. SECTION 4. The proposed assessments for the District are outlined in the Engineer’s Report. The Report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 2 of this Resolution. SECTION 5. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 9, 2015 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 6500 Palma Avenue, Atascadero, California. The City shall give notice of the time and place of the Public Hearing by publishing this resolution in a local newspaper pursuant to Government Code Section 6061. At the Public Hearing, interested persons shall be permitted to present written and/or oral testimony. ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 3 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Street and Storm Drain Maintenance District No. 02 (Las Lomas) City of Atascadero Fiscal Year 2015/16 ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 4 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Street & Storm Drain Maintenance No. 2 City of Atascadero $0.00 $0.00 $0.00045-311-006045-311-006 0.00 0.00 0.00045-311-007045-311-007 0.00 0.00 0.00045-311-008045-311-008 0.00 0.00 0.00045-311-009045-311-009 0.00 0.00 0.00045-311-010045-311-010 0.00 0.00 0.00045-311-013045-311-013 924.04 0.00 924.04045-311-014045-311-014 1,291.16 0.00 1,291.16045-311-015045-311-015 1,034.80 0.00 1,034.80045-311-016045-311-016 52.00 0.00 52.00045-312-001045-312-001 52.00 0.00 52.00045-312-002045-312-002 52.00 0.00 52.00045-312-003045-312-003 52.00 0.00 52.00045-312-004045-312-004 52.00 0.00 52.00045-312-005045-312-005 52.00 0.00 52.00045-312-006045-312-006 52.00 0.00 52.00045-312-007045-312-007 52.00 0.00 52.00045-312-008045-312-008 52.00 0.00 52.00045-312-009045-312-009 52.00 0.00 52.00045-312-010045-312-010 52.00 0.00 52.00045-312-011045-312-011 52.00 0.00 52.00045-312-012045-312-012 52.00 0.00 52.00045-312-013045-312-013 52.00 0.00 52.00045-312-014045-312-014 52.00 0.00 52.00045-312-015045-312-015 52.00 0.00 52.00045-312-016045-312-016 52.00 0.00 52.00045-312-017045-312-017 52.00 0.00 52.00045-312-018045-312-018 52.00 0.00 52.00045-312-019045-312-019 52.00 0.00 52.00045-312-020045-312-020 52.00 0.00 52.00045-312-021045-312-021 52.00 0.00 52.00045-312-022045-312-022 52.00 0.00 52.00045-312-023045-312-023 52.00 0.00 52.00045-312-024045-312-024 52.00 0.00 52.00045-312-025045-312-025 52.00 0.00 52.00045-312-026045-312-026 52.00 0.00 52.00045-312-027045-312-027 52.00 0.00 52.00045-312-028045-312-028 52.00 0.00 52.00045-312-029045-312-029 52.00 0.00 52.00045-312-030045-312-030 52.00 0.00 52.00045-312-031045-312-031 52.00 0.00 52.00045-312-032045-312-032 52.00 0.00 52.00045-312-033045-312-033 52.00 0.00 52.00045-312-034045-312-034 52.00 0.00 52.00045-312-035045-312-035 52.00 0.00 52.00045-312-036045-312-036 52.00 0.00 52.00045-312-037045-312-037 52.00 0.00 52.00045-312-038045-312-038 52.00 0.00 52.00045-312-039045-312-039 Page 1 of 4 04/20/2015 03:47:25PMCopyright © 2013 by NBS ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 4 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Street & Storm Drain Maintenance No. 2 City of Atascadero 52.00 0.00 52.00045-312-040045-312-040 52.00 0.00 52.00045-312-041045-312-041 52.00 0.00 52.00045-312-042045-312-042 52.00 0.00 52.00045-312-043045-312-043 52.00 0.00 52.00045-312-044045-312-044 52.00 0.00 52.00045-312-045045-312-045 52.00 0.00 52.00045-312-046045-312-046 52.00 0.00 52.00045-312-047045-312-047 52.00 0.00 52.00045-312-048045-312-048 52.00 0.00 52.00045-312-049045-312-049 52.00 0.00 52.00045-312-050045-312-050 52.00 0.00 52.00045-312-051045-312-051 52.00 0.00 52.00045-312-052045-312-052 52.00 0.00 52.00045-312-053045-312-053 52.00 0.00 52.00045-312-054045-312-054 52.00 0.00 52.00045-312-055045-312-055 52.00 0.00 52.00045-312-056045-312-056 52.00 0.00 52.00045-313-001045-313-001 52.00 0.00 52.00045-313-002045-313-002 52.00 0.00 52.00045-313-003045-313-003 52.00 0.00 52.00045-313-004045-313-004 52.00 0.00 52.00045-313-005045-313-005 52.00 0.00 52.00045-313-006045-313-006 52.00 0.00 52.00045-313-007045-313-007 52.00 0.00 52.00045-313-008045-313-008 52.00 0.00 52.00045-313-009045-313-009 52.00 0.00 52.00045-313-010045-313-010 52.00 0.00 52.00045-313-011045-313-011 52.00 0.00 52.00045-313-012045-313-012 52.00 0.00 52.00045-313-013045-313-013 52.00 0.00 52.00045-313-014045-313-014 52.00 0.00 52.00045-313-015045-313-015 52.00 0.00 52.00045-313-018045-313-018 52.00 0.00 52.00045-313-019045-313-019 52.00 0.00 52.00045-313-020045-313-020 52.00 0.00 52.00045-313-021045-313-021 52.00 0.00 52.00045-313-026045-313-026 52.00 0.00 52.00045-313-027045-313-027 52.00 0.00 52.00045-314-001045-314-001 52.00 0.00 52.00045-314-002045-314-002 52.00 0.00 52.00045-314-003045-314-003 52.00 0.00 52.00045-314-004045-314-004 52.00 0.00 52.00045-314-005045-314-005 52.00 0.00 52.00045-314-006045-314-006 52.00 0.00 52.00045-314-007045-314-007 52.00 0.00 52.00045-314-008045-314-008 52.00 0.00 52.00045-314-009045-314-009 52.00 0.00 52.00045-314-010045-314-010 Page 2 of 4 04/20/2015 03:47:25PMCopyright © 2013 by NBS ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 4 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Street & Storm Drain Maintenance No. 2 City of Atascadero 52.00 0.00 52.00045-314-011045-314-011 52.00 0.00 52.00045-314-012045-314-012 52.00 0.00 52.00045-314-013045-314-013 52.00 0.00 52.00045-314-014045-314-014 52.00 0.00 52.00045-314-015045-314-015 52.00 0.00 52.00045-314-016045-314-016 52.00 0.00 52.00045-314-017045-314-017 52.00 0.00 52.00045-314-018045-314-018 52.00 0.00 52.00045-314-019045-314-019 52.00 0.00 52.00045-314-020045-314-020 52.00 0.00 52.00045-314-021045-314-021 52.00 0.00 52.00045-314-022045-314-022 52.00 0.00 52.00045-314-023045-314-023 52.00 0.00 52.00045-314-024045-314-024 52.00 0.00 52.00045-314-025045-314-025 52.00 0.00 52.00045-314-026045-314-026 52.00 0.00 52.00045-314-027045-314-027 52.00 0.00 52.00045-314-028045-314-028 52.00 0.00 52.00045-314-029045-314-029 52.00 0.00 52.00045-314-030045-314-030 52.00 0.00 52.00045-314-031045-314-031 52.00 0.00 52.00045-314-032045-314-032 52.00 0.00 52.00045-314-033045-314-033 52.00 0.00 52.00045-315-001045-315-001 52.00 0.00 52.00045-315-002045-315-002 52.00 0.00 52.00045-315-003045-315-003 52.00 0.00 52.00045-315-004045-315-004 52.00 0.00 52.00045-315-005045-315-005 52.00 0.00 52.00045-315-006045-315-006 52.00 0.00 52.00045-315-007045-315-007 52.00 0.00 52.00045-315-008045-315-008 52.00 0.00 52.00045-315-009045-315-009 52.00 0.00 52.00045-315-010045-315-010 52.00 0.00 52.00045-315-011045-315-011 52.00 0.00 52.00045-315-012045-315-012 52.00 0.00 52.00045-315-013045-315-013 52.00 0.00 52.00045-315-014045-315-014 52.00 0.00 52.00045-315-015045-315-015 52.00 0.00 52.00045-315-016045-315-016 52.00 0.00 52.00045-315-017045-315-017 52.00 0.00 52.00045-315-018045-315-018 52.00 0.00 52.00045-315-019045-315-019 52.00 0.00 52.00045-315-020045-315-020 52.00 0.00 52.00045-315-021045-315-021 52.00 0.00 52.00045-315-022045-315-022 52.00 0.00 52.00045-315-023045-315-023 52.00 0.00 52.00045-315-024045-315-024 52.00 0.00 52.00045-315-025045-315-025 Page 3 of 4 04/20/2015 03:47:25PMCopyright © 2013 by NBS ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 4 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Street & Storm Drain Maintenance No. 2 City of Atascadero 52.00 0.00 52.00045-315-026045-315-026 52.00 0.00 52.00045-315-027045-315-027 52.00 0.00 52.00045-315-028045-315-028 52.00 0.00 52.00045-315-029045-315-029 52.00 0.00 52.00045-315-030045-315-030 52.00 0.00 52.00045-315-031045-315-031 52.00 0.00 52.00045-315-032045-315-032 52.00 0.00 52.00045-315-033045-315-033 0.00 0.00 0.00045-316-001045-316-001 0.00 0.00 0.00045-316-002045-316-002 0.00 0.00 0.00045-316-003045-316-003 39.00 0.00 39.00045-316-004045-316-004 39.00 0.00 39.00045-316-005045-316-005 39.00 0.00 39.00045-316-006045-316-006 39.00 0.00 39.00045-316-007045-316-007 39.00 0.00 39.00045-316-008045-316-008 39.00 0.00 39.00045-316-009045-316-009 39.00 0.00 39.00045-316-010045-316-010 39.00 0.00 39.00045-316-011045-316-011 39.00 0.00 39.00045-316-012045-316-012 39.00 0.00 39.00045-316-013045-316-013 39.00 0.00 39.00045-316-014045-316-014 39.00 0.00 39.00045-316-015045-316-015 39.00 0.00 39.00045-316-016045-316-016 39.00 0.00 39.00045-316-017045-316-017 39.00 0.00 39.00045-316-018045-316-018 39.00 0.00 39.00045-316-019045-316-019 39.00 0.00 39.00045-316-020045-316-020 39.00 0.00 39.00045-316-021045-316-021 39.00 0.00 39.00045-316-022045-316-022 39.00 0.00 39.00045-316-023045-316-023 39.00 0.00 39.00045-316-024045-316-024 39.00 0.00 39.00045-316-025045-316-025 39.00 0.00 39.00045-316-026045-316-026 39.00 0.00 39.00045-316-027045-316-027 39.00 0.00 39.00045-316-028045-316-028 39.00 0.00 39.00045-316-029045-316-029 39.00 0.00 39.00045-316-030045-316-030 39.00 0.00 39.00045-316-031045-316-031 39.00 0.00 39.00045-316-032045-316-032 39.00 0.00 39.00045-316-033045-316-033 39.00 0.00 39.00045-316-034045-316-034 39.00 0.00 39.00045-316-035045-316-035 39.00 0.00 39.00045-316-036045-316-036 39.00 0.00 39.00045-316-037045-316-037 39.00 0.00 39.00045-316-038045-316-038 $12,051.00190 Accounts $12,051.00$0.00 Page 4 of 4 04/20/2015 03:47:25PMCopyright © 2013 by NBS ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 4 ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 5 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) FOR FISCAL YEAR 2015/2016 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolutions, formed the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) (hereafter referred to as “District”) pursuant to the provisions of 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”) that provides for levy and collection of assessments by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of lighting facilities, landscaping, and appurtenant facilities and operations related thereto; and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has retained NBS for the purpose of assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Engineer’s Annual Levy Report: The City Council hereby orders NBS to prepare the Engineer’s Annual Levy Report concerning the levy of assessments for the District in accordance with Chapter 3, Section 22622 of the Act. SECTION 2. Proposed Improvements and Any Substantial Changes in Existing Improvements: The improvements within the District include the ongoing operation, administration, maintenance, servicing and incidental expenses related to the dedicated landscape areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were installed as part of property development and associated with the District. Said improvements may 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 right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 5 Engineer's Annual Levy Report describes any new improvements or substantial changes in existing improvements. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 6 DRAFT RESOLUTION E RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FOR PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL LEVY REPORT FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) FOR FISCAL YEAR 2015/2016. The City Council of the City of Atascadero (hereafter referred to as “City Council”) does resolve as follows: WHEREAS, the City Council has, by previous Resolutions, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the “Report”) for the district known and designated as the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) (hereafter referred to as the “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has now been presented with the Report as required by Chapter 1, Article 4, Section 22566 of said Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with the Report, each of the budget items and documents as set forth therein and is satisfied on a preliminary basis that the proposed assessments have been spread in accordance with the benefits received from the improvements, operation, maintenance, and services to be performed within each benefit zone as set forth in said Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. That the presented Report consists of the following: a. A Description of the Improvements b. The Annual Budget (Costs and Expenses of Services, Operation, and Maintenance) c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. d. The District Roll containing the proposed assessment for each parcel within the District for Fiscal Year 2015/2016. SECTION 3. The Report is hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 6 SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 7 DRAFT RESOLUTION F RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) FOR FISCAL YEAR 2015/2016. The City Council of the City of Atascadero (hereafter referred to as “City Council”) does resolve as follows: WHEREAS, The City Council has by previous Resolution initiated proceedings for fiscal year 2015/2016 regarding the levy and collection of assessments for the Atascadero Landscaping and Lighting District No. 02 (Woodridge) (hereafter referred to as the “District”). Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the “Act”), assessments for the District shall be levied and collected by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of the improvements and facilities related thereto; and, WHEREAS, the proposed District assessments for fiscal year 2015/2016 are less than or equal to the maximum assessments previously approved in accordance with the requirements of the California Constitution, Article XIIID; and, WHEREAS, there has now been presented to this City Council an Engineer’s Annual Levy Report (hereafter referred to as the “Engineer’s Report”), and said Engineer’s Report has been filed with the City Clerk in accordance with the Act; and, WHEREAS, the City Council has examined and reviewed the Engineer’s Report as presented and is satisfied with the Report, each of the budget items and documents as set forth therein and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero pursuant to Chapter 3, Section 22624 of the Act, as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the lands, lots and parcels within the District boundary. The City Council further declares its intention to levy and collect assessments on such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for fiscal year 2015/2016. ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 7 SECTION 3. The boundaries of the District are described in the Engineer’s Report and are consistent with the boundary established and described in the original formation documents, on file with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the City of Atascadero, within the County of San Luis Obispo, State of California and includes the territory known as Woodridge and referred to as the “Atascadero Landscaping and Lighting District No. 02”. SECTION 4. The improvements within the District include 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. 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 right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. SECTION 5. The proposed assessments for fiscal year 2015/2016, as outlined in the Engineer’s Report, do not exceed the maximum assessment approved by the property owners through a property owner balloting proceeding conducted in 2005. As such, the proposed assessments do not constitute an increased assessment and do not require additional property owner approval in accordance with the requirements of the California Constitution, Article XIIID. SECTION 6. The City Council hereby declares its intention to conduct a Public Hearing concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of the Act. SECTION 7. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 9, 2015, at 6:00 p.m., at the City Council Chambers, 6500 Palma Avenue, Atascadero, California or as soon thereafter as feasible. SECTION 8. The City Council hereby authorizes and directs the City Clerk to give notice of the time and place of the Public Hearing to all property owners within the District pursuant to Sections 22626, 22552 and 22553 of the Act and 6061 of the Government Code. The City Clerk shall give notice to all property owners by causing notice of the public hearing to be published in the local newspaper one time at least 10 days prior to the Public Hearing. ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 7 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: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Landscaping and Lighting District No. 02 (Las Lomas) City of Atascadero Fiscal Year 2015/16 ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 8 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Landscaping & Lighting Maint Dist No. 2 City of Atascadero $0.00 $0.00 $0.00045-311-006045-311-006 0.00 0.00 0.00045-311-007045-311-007 0.00 0.00 0.00045-311-008045-311-008 0.00 0.00 0.00045-311-009045-311-009 0.00 0.00 0.00045-311-010045-311-010 0.00 0.00 0.00045-311-013045-311-013 3,554.00 0.00 3,554.00045-311-014045-311-014 4,966.00 0.00 4,966.00045-311-015045-311-015 3,980.00 0.00 3,980.00045-311-016045-311-016 200.00 0.00 200.00045-312-001045-312-001 200.00 0.00 200.00045-312-002045-312-002 200.00 0.00 200.00045-312-003045-312-003 200.00 0.00 200.00045-312-004045-312-004 200.00 0.00 200.00045-312-005045-312-005 200.00 0.00 200.00045-312-006045-312-006 200.00 0.00 200.00045-312-007045-312-007 200.00 0.00 200.00045-312-008045-312-008 200.00 0.00 200.00045-312-009045-312-009 200.00 0.00 200.00045-312-010045-312-010 200.00 0.00 200.00045-312-011045-312-011 200.00 0.00 200.00045-312-012045-312-012 200.00 0.00 200.00045-312-013045-312-013 200.00 0.00 200.00045-312-014045-312-014 200.00 0.00 200.00045-312-015045-312-015 200.00 0.00 200.00045-312-016045-312-016 200.00 0.00 200.00045-312-017045-312-017 200.00 0.00 200.00045-312-018045-312-018 200.00 0.00 200.00045-312-019045-312-019 200.00 0.00 200.00045-312-020045-312-020 200.00 0.00 200.00045-312-021045-312-021 200.00 0.00 200.00045-312-022045-312-022 200.00 0.00 200.00045-312-023045-312-023 200.00 0.00 200.00045-312-024045-312-024 200.00 0.00 200.00045-312-025045-312-025 200.00 0.00 200.00045-312-026045-312-026 200.00 0.00 200.00045-312-027045-312-027 200.00 0.00 200.00045-312-028045-312-028 200.00 0.00 200.00045-312-029045-312-029 200.00 0.00 200.00045-312-030045-312-030 200.00 0.00 200.00045-312-031045-312-031 200.00 0.00 200.00045-312-032045-312-032 200.00 0.00 200.00045-312-033045-312-033 200.00 0.00 200.00045-312-034045-312-034 200.00 0.00 200.00045-312-035045-312-035 200.00 0.00 200.00045-312-036045-312-036 200.00 0.00 200.00045-312-037045-312-037 200.00 0.00 200.00045-312-038045-312-038 200.00 0.00 200.00045-312-039045-312-039 Page 1 of 4 04/21/2015 11:44:52AMCopyright © 2013 by NBS ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 8 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Landscaping & Lighting Maint Dist No. 2 City of Atascadero 200.00 0.00 200.00045-312-040045-312-040 200.00 0.00 200.00045-312-041045-312-041 200.00 0.00 200.00045-312-042045-312-042 200.00 0.00 200.00045-312-043045-312-043 200.00 0.00 200.00045-312-044045-312-044 200.00 0.00 200.00045-312-045045-312-045 200.00 0.00 200.00045-312-046045-312-046 200.00 0.00 200.00045-312-047045-312-047 200.00 0.00 200.00045-312-048045-312-048 200.00 0.00 200.00045-312-049045-312-049 200.00 0.00 200.00045-312-050045-312-050 200.00 0.00 200.00045-312-051045-312-051 200.00 0.00 200.00045-312-052045-312-052 200.00 0.00 200.00045-312-053045-312-053 200.00 0.00 200.00045-312-054045-312-054 200.00 0.00 200.00045-312-055045-312-055 200.00 0.00 200.00045-312-056045-312-056 200.00 0.00 200.00045-313-001045-313-001 200.00 0.00 200.00045-313-002045-313-002 200.00 0.00 200.00045-313-003045-313-003 200.00 0.00 200.00045-313-004045-313-004 200.00 0.00 200.00045-313-005045-313-005 200.00 0.00 200.00045-313-006045-313-006 200.00 0.00 200.00045-313-007045-313-007 200.00 0.00 200.00045-313-008045-313-008 200.00 0.00 200.00045-313-009045-313-009 200.00 0.00 200.00045-313-010045-313-010 200.00 0.00 200.00045-313-011045-313-011 200.00 0.00 200.00045-313-012045-313-012 200.00 0.00 200.00045-313-013045-313-013 200.00 0.00 200.00045-313-014045-313-014 200.00 0.00 200.00045-313-015045-313-015 200.00 0.00 200.00045-313-018045-313-018 200.00 0.00 200.00045-313-019045-313-019 200.00 0.00 200.00045-313-020045-313-020 200.00 0.00 200.00045-313-021045-313-021 200.00 0.00 200.00045-313-026045-313-026 200.00 0.00 200.00045-313-027045-313-027 200.00 0.00 200.00045-314-001045-314-001 200.00 0.00 200.00045-314-002045-314-002 200.00 0.00 200.00045-314-003045-314-003 200.00 0.00 200.00045-314-004045-314-004 200.00 0.00 200.00045-314-005045-314-005 200.00 0.00 200.00045-314-006045-314-006 200.00 0.00 200.00045-314-007045-314-007 200.00 0.00 200.00045-314-008045-314-008 200.00 0.00 200.00045-314-009045-314-009 200.00 0.00 200.00045-314-010045-314-010 Page 2 of 4 04/21/2015 11:44:52AMCopyright © 2013 by NBS ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 8 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Landscaping & Lighting Maint Dist No. 2 City of Atascadero 200.00 0.00 200.00045-314-011045-314-011 200.00 0.00 200.00045-314-012045-314-012 200.00 0.00 200.00045-314-013045-314-013 200.00 0.00 200.00045-314-014045-314-014 200.00 0.00 200.00045-314-015045-314-015 200.00 0.00 200.00045-314-016045-314-016 200.00 0.00 200.00045-314-017045-314-017 200.00 0.00 200.00045-314-018045-314-018 200.00 0.00 200.00045-314-019045-314-019 200.00 0.00 200.00045-314-020045-314-020 200.00 0.00 200.00045-314-021045-314-021 200.00 0.00 200.00045-314-022045-314-022 200.00 0.00 200.00045-314-023045-314-023 200.00 0.00 200.00045-314-024045-314-024 200.00 0.00 200.00045-314-025045-314-025 200.00 0.00 200.00045-314-026045-314-026 200.00 0.00 200.00045-314-027045-314-027 200.00 0.00 200.00045-314-028045-314-028 200.00 0.00 200.00045-314-029045-314-029 200.00 0.00 200.00045-314-030045-314-030 200.00 0.00 200.00045-314-031045-314-031 200.00 0.00 200.00045-314-032045-314-032 200.00 0.00 200.00045-314-033045-314-033 200.00 0.00 200.00045-315-001045-315-001 200.00 0.00 200.00045-315-002045-315-002 200.00 0.00 200.00045-315-003045-315-003 200.00 0.00 200.00045-315-004045-315-004 200.00 0.00 200.00045-315-005045-315-005 200.00 0.00 200.00045-315-006045-315-006 200.00 0.00 200.00045-315-007045-315-007 200.00 0.00 200.00045-315-008045-315-008 200.00 0.00 200.00045-315-009045-315-009 200.00 0.00 200.00045-315-010045-315-010 200.00 0.00 200.00045-315-011045-315-011 200.00 0.00 200.00045-315-012045-315-012 200.00 0.00 200.00045-315-013045-315-013 200.00 0.00 200.00045-315-014045-315-014 200.00 0.00 200.00045-315-015045-315-015 200.00 0.00 200.00045-315-016045-315-016 200.00 0.00 200.00045-315-017045-315-017 200.00 0.00 200.00045-315-018045-315-018 200.00 0.00 200.00045-315-019045-315-019 200.00 0.00 200.00045-315-020045-315-020 200.00 0.00 200.00045-315-021045-315-021 200.00 0.00 200.00045-315-022045-315-022 200.00 0.00 200.00045-315-023045-315-023 200.00 0.00 200.00045-315-024045-315-024 200.00 0.00 200.00045-315-025045-315-025 Page 3 of 4 04/21/2015 11:44:52AMCopyright © 2013 by NBS ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 8 Final Billing Detail Report for the 08/01/2015 Billing LevyProperty ID Other TotalDBAccount ID Landscaping & Lighting Maint Dist No. 2 City of Atascadero 200.00 0.00 200.00045-315-026045-315-026 200.00 0.00 200.00045-315-027045-315-027 200.00 0.00 200.00045-315-028045-315-028 200.00 0.00 200.00045-315-029045-315-029 200.00 0.00 200.00045-315-030045-315-030 200.00 0.00 200.00045-315-031045-315-031 200.00 0.00 200.00045-315-032045-315-032 200.00 0.00 200.00045-315-033045-315-033 0.00 0.00 0.00045-316-001045-316-001 0.00 0.00 0.00045-316-002045-316-002 0.00 0.00 0.00045-316-003045-316-003 150.00 0.00 150.00045-316-004045-316-004 150.00 0.00 150.00045-316-005045-316-005 150.00 0.00 150.00045-316-006045-316-006 150.00 0.00 150.00045-316-007045-316-007 150.00 0.00 150.00045-316-008045-316-008 150.00 0.00 150.00045-316-009045-316-009 150.00 0.00 150.00045-316-010045-316-010 150.00 0.00 150.00045-316-011045-316-011 150.00 0.00 150.00045-316-012045-316-012 150.00 0.00 150.00045-316-013045-316-013 150.00 0.00 150.00045-316-014045-316-014 150.00 0.00 150.00045-316-015045-316-015 150.00 0.00 150.00045-316-016045-316-016 150.00 0.00 150.00045-316-017045-316-017 150.00 0.00 150.00045-316-018045-316-018 150.00 0.00 150.00045-316-019045-316-019 150.00 0.00 150.00045-316-020045-316-020 150.00 0.00 150.00045-316-021045-316-021 150.00 0.00 150.00045-316-022045-316-022 150.00 0.00 150.00045-316-023045-316-023 150.00 0.00 150.00045-316-024045-316-024 150.00 0.00 150.00045-316-025045-316-025 150.00 0.00 150.00045-316-026045-316-026 150.00 0.00 150.00045-316-027045-316-027 150.00 0.00 150.00045-316-028045-316-028 150.00 0.00 150.00045-316-029045-316-029 150.00 0.00 150.00045-316-030045-316-030 150.00 0.00 150.00045-316-031045-316-031 150.00 0.00 150.00045-316-032045-316-032 150.00 0.00 150.00045-316-033045-316-033 150.00 0.00 150.00045-316-034045-316-034 150.00 0.00 150.00045-316-035045-316-035 150.00 0.00 150.00045-316-036045-316-036 150.00 0.00 150.00045-316-037045-316-037 150.00 0.00 150.00045-316-038045-316-038 $46,350.00190 Accounts $46,350.00$0.00 Page 4 of 4 04/21/2015 11:44:52AMCopyright © 2013 by NBS ITEM NUMBER: A-6 DATE: 05/12/15 ATTACHMENT: 8 ITEM NUMBER: A-7 DATE: 05/12/15 Atascadero City Council Staff Report – Public Works Department Temporary Road Closure Colony Days Parade Route RECOMMENDATION: Council adopt Draft Resolution establishing a temporary Colony Days Parade Route on Saturday, October 17, 2015, and establishing associated tow-away and “No Parking” zones and road closures from October 15 – 18, 2015, on the dates, times and locations as specified in the Draft Resolution. DISCUSSION: On Saturday, October 17, 2015, staff is proposing to close El Camino Real, from Highway 41 to Traffic Way, from 8:00 a.m. until 1:00 p.m., to conduct the annual Colony Days Parade. The route for this year’s Colony Days Parade is the same as last year and is proposed to begin and end at Olmeda Avenue. Additional road closures listed on the Draft Resolution (Attachment 1) are required for parade staging and events related to the Parade. The Annual Colony Days Parade is coordinated by the Colony Days Committee. “Tent City” and festivities following the parade will be centered in and around the Sunken Gardens. Palma Avenue and East and West Mall are proposed to be closed in order to serve as a staging area for several of the events and vendor booths. FISCAL IMPACT: No net fiscal impact to the General Fund, as the road cl osure fee covers the staff time and equipment required for traffic control and clean -up related to this event (estimated at $2,600.00). ATTACHMENTS: 1. Draft Resolution 2. Proposed Parade Route 3. Hwy 41 Detour Route ITEM NUMBER: A-7 DATE: 05/12/15 ATTACHMENT: 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CREATING A TEMPORARY COLONY DAYS PARADE ROUTE BE IT RESOLVED by the City Council of the City of Atascadero that Colony Days parade route is hereby established as Olmeda Avenue to West Mall to Lewis Avenue to Capistrano Avenue to Santa Ysabel Avenue to El Camino Real to Traffic Way and ending at Olmeda Avenue with the Colony Day Festivities centered around the Sunken Gardens. BE IT FURTHER RESOLVED that in order to provide a reserved route for the parade, staging and associated activities, the following actions are required: Thursday, October 15, 2015 through Sunday, October 18, 2015 – 24 hours Establish No Parking and tow-away zone  East Mall – South-side only, from 5901B to the entrance to the City Parking Lot. Saturday, October 17, 2015 – 6:00 a.m. until 5:00 p.m. Establish road closure and tow-away zone  East Mall, from El Camino Real to Lewis Avenue  West Mall, from El Camino Real to Olmeda  Palma Avenue, from East Mall to West Mall Saturday, October 17, 2015 – 8:00 a.m. until 1:00 p.m. (Hard closure at 9:00 a.m.) Establish road closure and tow-away zone  El Camino Real, from Hwy 41 to Traffic Way  Traffic Way, from El Camino Real to Olmeda  Lewis Avenue, from Traffic Way to Capistrano  Capistrano, from Lewis Avenue to Hwy 41  Hwy 41, from Capistrano/Santa Ysabel to El Camino Real  Palma, from West Mall to Traffic Way  All of West Mall, from El Camino Real to the Capistrano Bridge  Olmeda, from Traffic Way to West Mall  Entrada, from El Camino Real to Lewis Avenue PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 12th of May, 2015. ITEM NUMBER: A-7 DATE: 05/12/15 ATTACHMENT: 1 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: ADOPTED: CITY OF ATASCADERO ______________________________________ Tom O’Malley, Mayor ATTEST: ______________________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________________ Brian A. Pierik, City Attorney ITEM NUMBER: A-7 DATE: 05/12/15 ATTACHMENT: 2 2015 COLONY DAYS PARADE ROUTE ITEM NUMBER: A-7 DATE: 05/12/15 ATTACHMENT: 3 ITEM NUMBER: A-8 DATE: 05/12/15 Atascadero City Council Staff Report – Public Works Department Contract Amendment for Development Review Services Diversified Project Services International (DPSI) RECOMMENDATION: Council authorize the City Manager to execute a contract amendment with Diversified Project Services International (DPSI) that will increase the existing contract to an amount not to exceed $67,000 for ongoing development review and plan checking services. DISCUSSION: Diversified Project Services International (DPSI) has been providing contract plan checking services for the City of Atascadero Public Works Department since September 2014. The City Council determined that rapid and responsive plan checking processes should be a priority and authorized the implementation of a contract plan checking service to resolve staffing deficiencies in the Public Works Department and to ensure engineering plan checks were provided to the public in a timely manner. The City has experienced an extremely high volume of permit applications and the need for additional Public W orks plan checking help continues. Actual revenue has exceeded the amount budgeted this fiscal year due to the high volume of activity with encroachment permits, public improvement permits, and grading permits. The initial contract with DPSI, signed September 25, 2014, was in the amount of $37,000. The contract plan checking services, per the existing contract, are billed hourly on an as needed time & materials basis, and have been averaging approximately $7,300 per month. Authorization of the contract amendment increasing the amount of the contract by $30,000 would allow the City to continue Public W orks plan checking services with DPSI on an as-needed basis for the remainder of the fiscal year. If permit revenue decreases or the need for service is deemed unnecessary, the service agreement can be terminated by the City at any time. ITEM NUMBER: A-8 DATE: 05/12/15 FISCAL IMPACT: The fiscal impact of amending DPSI’s contract for development review and plan checking services is estimated not to exceed $30,000. The cost of the proposed contracted services would be offset by the Public Works plan check revenues generated from the increased level of residential and commercial development. ALTERNATIVES: No alternatives are proposed for the remainder of this fiscal year. Public Works is evaluating future staffing needs for engineering services. ATTACHMENT: None ITEM NUMBER: A-9 DATE: 05/12/15 Atascadero City Council Staff Report – City Manager’s Office Extend Contract with MuniTemps For the Services of Interim Community Development Director RECOMMENDATION: Council authorize the City Manager to extend an existing agreement with MuniTemps to provide contract services for an Interim Community Development Director. DISCUSSION: MuniTemps is a management and administrative services provider that provides highly qualified personnel, among other professional services, to public sector ag encies. MuniTemps is an independent contractor that provides all salaries, benefits, insurance, liability coverage and taxes of the employees; the people working for or at the direction of Muni-Temps are employees or agents of Muni-Temps and are not employed by the City. Upon the departure of Warren Frace, the City’s former Director of Community Development, the City Manager executed an agreement with Muni-Temps to provide temporary employment services for an Interim Community Development Director. Since February 23, 2015 Muni-Temps has been providing the City with the services of Robert Lewis to lead the Community Development Department on an interim basis. A recruitment process for the full-time position of Director of Community Development is underway and the application period will close on May 29th . Interviews will be scheduled for June and we hope to have a full -time Community Development Director on board by early August. Robert Lewis will be leaving the City to take another job in early June so the City will need to hire another Interim Community Development Director, potentially through MuniTemps or another similar agency. Staff has asked several management and ITEM NUMBER: A-9 DATE: 05/12/15 professional service firms to provide resumes of available community development management personnel. Staff will be reviewing the resumes and selecting the best fit for the interim position, which may be someone employed by MuniTemps or by another agency. Staff recommends that the City Council authorize the City Manager to extend the existing agreement with MuniTemps through early June. FISCAL IMPACT: The fiscal impact of the extension of the agreement for service for an additional six weeks is estimated to be approximately $20,000 of General Funds. The cost of the proposed contracted services is offset by the payroll cost savings of the open position of Director of Community Development. ALTERNATIVES: Council could elect to not authorize the City Manager to extend the existing agreement. ATTACHMENTS: None ITEM NUMBER: B-1 DATE: 05/12/15 Atascadero City Council Staff Report – Fire Department Weed Abatement – Hearing of Objections RECOMMENDATIONS: Council: 1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections; and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. DISCUSSION: The Municipal Code, Section 6-13.03, addresses the abatement of vegetative growth and/or refuse, which constitute a hazard. The Fire Department conducted its initial inspection during the month of April. There are approximately 11,165 parcels within the City. Compliance with the Weed Abatement Section of our Municipal Code is a critical component of our Fuel Management Plan. The City of Atascadero does not want to be in the mowing business. The intent of this program is to encourage citizens to independently manage the weeds on their properties. An efficient Fuel Management Program helps the City keep wildland fires at a minimum and staffing down. The City charges each parcel the direct costs of the contractor plus an additional 150% fee as a fine to those properties that are not in compliance with the Municipal Code. This fee structure is intended to cover 100% of the cost of the weed abatement program, insuring that compliant property owners/tax payers do not subsidize the cost of the program. As part of the abatement process, the City Council is required to hear objections to the proposed removal of vegetative growth and/or refuse. This hearing allows any affected property owner to object to the proposed abatement of hazards on their property. ITEM NUMBER: B-1 DATE: 05/12/15 FISCAL IMPACT: None. Costs of the weed abatement program are recovered through the assessments charged to non-compliant parcels that must be abated by the City Contractor. Those property owners who comply with the Municipal Code are not assessed or charged . ALTERNATIVES: No alternative is recommended. ATTACHMENTS: None. ITEM NUMBER: B-2 DATE: 05/12/15 Atascadero City Council Staff Report – Public Works Department Community Development Block Grant (CDBG) Funding Reallocation RECOMMENDATIONS: Council: 1. Direct staff to eliminate the North County Connection award from the 2012 CDBG cycle; and, 2. Direct staff to reallocate those funds to the City of Atascadero Barrier Removal Project award in the 2012 CDBG cycle. DISCUSSION: During the 2012 funding cycle, North County Connection (NCC) was awarded $55,000 for the purchase of property at 8600 Atascade ro Avenue. Upon the acquisition of the subject property by NCC in December 2012 with non-CDBG funds, NCC eliminated the need for the funds and basically eliminated the project. North County Connection has expressed an interest in utilizing these funds for building rehabilitation however; because these funds were awarded for the specific purpose of property acquisition , an alternate project is not an option. In January of this year, HUD performed an audit (monitoring visit) of the County-wide CDBG program and identified the City of Atascadero's 2012 CDBG allocation of $55,000 to North County Connection as a "finding" due to, in part, lack of performance. Attached is a copy of the letter from HUD regarding the results from their monitoring visit (see Finding Three, page 5). To address the finding, the City and County must take corrective action. Corrective action identified by HUD for the $55,000 is for the City, and ultimately the County to expend or return the funds. NCC’s action allows the City of Atascadero to reallocate the funds to a new CDBG eligible project that is "sufficiently developed to be able to proceed" in order to commit and expend the funds as soon as possible. ITEM NUMBER: B-2 DATE: 05/12/15 As per the HUD letter, the City must reallocate the funds to a new CDBG e ligible project. Staff recommends the funds be reallocated to the 2012 Barrier Removal Project. The project must also be approved by the County Board of Supervisors as an amendment to the 2012 Action Plan. Both actions by the City Council and the Board require a public hearing. FISCAL IMPACT: Increase in the 2012 City of Atascadero Barrier Removal budget. ATTACHMENTS: 1. HUD Monitoring Report, Dated February 18, 2015 ITEM NUMBER: B-2 DATE: 05/12/15 ATTACHMENT: 1 ITEM NUMBER: B-2 DATE: 05/12/15 ATTACHMENT: 1 ITEM NUMBER: B-2 DATE: 05/12/15 ATTACHMENT: 1 ITEM NUMBER: B-2 DATE: 05/12/15 ATTACHMENT: 1 ITEM NUMBER: B-2 DATE: 05/12/15 ATTACHMENT: 1 ITEM NUMBER: B-2 DATE: 05/12/15 ATTACHMENT: 1 ITEM NUMBER: B-2 DATE: 05/12/15 ATTACHMENT: 1 ITEM NUMBER: C-1 DATE: 05/12/15 Atascadero City Council Staff Report - Public Works Department Measure F-14 Road Appropriation Alamo Avenue Pavement Project RECOMMENDATION: Council authorize the Administrative Services Director to appropriate $40,000 of General Fund Measure F-14 Sales Tax Revenues to the Alamo Avenue Pavement Project. DISCUSSION: In November 2014, Atascadero voters approved a general one-half cent sales tax measure. Voters also supported the Advisory Measure asking if the proceeds of the additional sales tax should go into roads. In accordance with polling results, the primary use of the new sales tax will be for local roadways identified as residential and collector streets, while arterial streets will be considered a secondary priority for these funds. The measure went into effect on April 1, 2015. Public Works is finalizing a prioritization plan for the use of the Measure F -14 monies based upon the “Critical Point Management” methodology. In March 2015, the City Council endorsed this method for citywide pavement management whereby resources are spent to prevent street pavements from dropping into a condition that will trigger more expensive maintenance, rehabilitation, and reconstruction. This process wil l provide the lowest life cycle costs for the roadway system and maximize the overall pavement condition. Two smaller local roadway projects are proposed to be completed in fiscal year 2014- 2015 with Measure F-14 monies. The first project proposed is to edge mill and overlay Alamo Avenue between Barrenda Avenue and Rosario Avenue. This section of roadway has a Pavement Condition Index (PCI) of 16 (out of 100) and is considered in very poor condition. Bidding documents have been prepared by the City’s consultant, Pavement Engineering, Inc. (PEI), and quotes from qualified contractors are being solicited. A notice to proceed is expected to be issued in late-May. ITEM NUMBER: C-1 DATE: 05/12/15 In accordance with the recently adopted Council goals and Action Plans for 2015-2017, a communications and transparency plan will be implemented for this project including: Measure F-14 road signage; groundbreaking and ribbon cutting ceremonies; project notification to adjacent property owners; and assigning a staff liaison to the project. Staff will let the Council and property owners know location and time once the groundbreaking and ribbon cutting ceremonies have been scheduled. FISCAL IMPACT: Total project costs are estimated to be $40,000 in General Fund Measure F-14 Sales Tax Revenues for construction, consultant fees, and other miscellaneous and related work. ATTACHMENTS: None ITEM NUMBER: C-2 DATE: 05/12/15 Atascadero City Council Staff Report – Police Department Council Update Regarding Ordinance Prohibiting the Sale and Possession of Spice and Bath Salts RECOMMENDATION: Council receive and file this report. DISCUSSION: In August of 2014 the Atascadero City Council voted to amend the Atascadero Municipal Code to prohibit the sale of synthetic marijuana commonly known as “Spice ,” and stimulant substances that contain man-made chemicals related to amphetamines commonly known as “Bath Salts.” At the time these substances were being sold locally in retail establishments under such names as “herbal incense” and “plant food .” The substances were labeled “not for human consumption” to mask their intended purpose and avoid FDA regulatory oversight of the manufacturing process. Once purchased, users were ingesting these substances in a manner consistent with other illegal narcotics such as marijuana and methamphetamine. T he abuses of Spice and Bath Salts have been responsible for a myriad of overdose -type reactions in people nationwide. Police, Fire, and medical calls for service in Atascadero, related to the ingestion of spice and bath salts products, had increased tremendously since some Atascadero retailers began selling these synthetic drugs. Atascadero Police Officers were regularly contacting individuals in possession of spice and/or bath salts who were intoxicated to the point that they were unable to care for their own safety. In some cases the subjects appeared nearly catatonic. The ordinance was designed to give our Police Department the ability to address this problem in our community and reduce or eliminate the health threat posed by their sale and use. Council amended Title 5, Chapter 16 of the Atascadero Municipal Code, prohibitin g the possession and sale of certain intoxicating chemical compounds known as synthetic drugs. At the time of adoption, the Atascadero City Council directed staff to report back ITEM NUMBER: C-2 DATE: 05/12/15 after six months to advise the Council on the enforcement efforts of the Atas cadero Police Department as it relates to the Municipal Code. Staff has compiled statistical information for Council and is prepared to provide a verbal report on the status of our enforcement efforts, and to advise Council as to whether these enforcement efforts have had a successful impact on the reduction of criminal activity in our community. FISCAL IMPACT: There is no fiscal impact for this report. ATTACHMENTS: None.