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HomeMy WebLinkAboutCC_2016-05-10_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, May 10, 2016 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) CITY COUNCIL CLOSED SESSION: 5:00 P.M. 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 City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Page 1 REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Fonzi ROLL CALL: Mayor O’Malley Mayor Pro Tem Moreno Council Member Fonzi Council Member Kelley Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Proclamation Recognizing May 15 - 21, 2016, as National Police Week and May 15, 2016, as National Peace Officers Memorial Day 2. Commendation to Mr. Heath West 3. Proclamation Recognizing May 1 – 7, 2016, as National Travel and Tourism Week 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 wish es 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 concern ing the item before action is taken. DRAFT MINUTES: Council meeting draft minutes 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 20, 2016  Recommendation: Council approve the City Council Draft Action Minutes of the April 20, 2016 Special City Council meeting. [City Clerk] Page 2 2. March 2016 Accounts Payable and Payroll  Fiscal Impact: $2,009,530.89  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for March 2016. [Administrative Services] 3. Apple Valley Assessment Districts  Fiscal Impact: Annual assessments for 2016/2017 will total $28,000 for road/drainage system maintenance and $70,000 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 2016/2017; 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 2016/2017, 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 2016/2017 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 2016/2017; 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 2016/2017. [Administrative Services] 4. DeAnza Estates Assessment Districts  Fiscal Impact: Annual assessments for 2016/2017 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 2016/2017 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 Page 3 and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2016/2017; 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 2016/2017, 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 2016/2017 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 2016/2017; 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 2016/2017. [Administrative Services] 5. Las Lomas (Woodridge) Assessment Districts  Fiscal Impact: Annual assessments for 2016/2017 will total $12,051 for road/drainage system maintenance and $57,938 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 2016/2017; 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 2016/2017, 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 2016/2017 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and Page 4 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 2016/2017; 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 2016/2017. [Administrative Services] 6. School Resource Officer (SRO) and Police Personnel  Fiscal Impact: The agreement will have no effect on the City’s bottom line. If the MOU is authorized, the City would spend $80,000 per fiscal year in funds received from the AUSD (for the 2-3 year life of the agreement) and approximately $92,360 in budgeted Community Facilities District Funds.  Recommendations: Council: 1. Authorize the City Manager to sign a Memorandum of Understanding with the Atascadero Unified School District for the implementation of a School Resource Officer position at Atascadero City Schools; and 2. Concur with the addition of one Community Services Officer position to the 2016-2017 budget; and 3. Concur with the reclassification of one Police Corporal position to a Police Sergeant position. [Police] 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 cityclerk@atascadero.org) B. PUBLIC HEARINGS: 1. Weed Abatement - Hearing of Objections  Fiscal Impact: None  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] Page 5 C. MANAGEMENT REPORTS: 1. Facility Rental Policies and Procedures  Fiscal Impact: None  Recommendation: Council review and approve revisions to the 2010 Facility Rental Policies and Procedures to include updates to facilities available for rental, catering and Major Special Events Procedures. [City Manager] 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 clarif ication, 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 committees. 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. SLO County Water Resources Advisory Committee (WRAC) 6. 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 Page 6 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. ADJOURNMENT 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 M. Kudzma, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 10, 2016 Regular Session of the Atascadero City Council was posted on May 4, 2016, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location. Signed this 4th day of May, 2016, at Atascadero, California. Lori M. Kudzma, Deputy City Clerk City of Atascadero Page 7 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 Cit y 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 make 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 notif y 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 public 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 by 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 thereaft er, no further public comments will be heard by the Council. Page 8 ITEM NUMBER: A-1 DATE: 05/10/16 Atascadero City Council April 20, 2016 Page 1 of 3 SPECIAL MEETING CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Wednesday, April 20, 2016 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) CITY COUNCIL CLOSED SESSION: 5:30 P.M. Mayor O’Malley announced at 5:30 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 Organization: Atascadero Firefighters Bargaining Unit 4. CLOSED SESSION – ADJOURNMENT City Council Closed Session: 5:30 P.M. City Council Strategic Planning Workshop: 6:00 P.M. Page 9 ITEM NUMBER: A-1 DATE: 05/10/16 Atascadero City Council April 20, 2016 Page 2 of 3 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT The City Attorney reported that there was no reportable action. STRATEGIC PLANNING WORKSHOP – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:04 p.m. ROLL CALL: Present: Council Members Fonzi, Kelley, Sturtevant, Mayor Pro Tem Moreno, and Mayor O’Malley Absent: None Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, Public Works Director Nick DeBar, Police Chief Jerel Haley, Fire Chief Kurt Stone, City Attorney Brian Pierik, Deputy City Manager Lara Christensen, Deputy Community Development Director David Muehlhausen, and Fire Marshall Tom Peterson. PUBLIC COMMENT: None City Manager Rickard welcomed everyone to the Strategic Planning Workshop and noted that it was a continuation of the Strategic Planning session held in January. She noted that the focus of the workshop would be on Code Compliance/Code Enforcement and intentional and authentic economic development. City Manager Rickard gave a presentation on Code Compliance/Code Enforcement. She also facilitated discussion and answered questions from the Council and staff. City Manager Rickard (Exhibit A) and Fire Chief Stone (Exhibit B) distributed handouts to the Council. Community Development Director Dunsmore gave a presentation on intentional and authentic economic development. He and City Manager Rickard answered questions from Council regarding zoning in the City. Page 10 ITEM NUMBER: A-1 DATE: 05/10/16 Atascadero City Council April 20, 2016 Page 3 of 3 PUBLIC COMMENT: Don Geissinger spoke on the matter. Mayor O’Malley recessed the meeting at 8:01 p.m. Mayor O’Malley reconvened the meeting at 8:08 p.m. Community Development Director Dunsmore continued his presentation and requested additional input from the Council regarding economic development in the City. Following discussion, it was determined that staff would begin the process to:  Pursue grants for the creation of a Master Plan for the El Camino Real Corridor  Repackage zoning regulations  Repackage the sign ordinance  Clean up zoning land use descriptions Upon further discussion, it was determined that staff would draft policy directives with regards to General Plan amendments for further discussion and determination by the City Council. Prior to the conclusion of the Workshop, City Manager Rickard reported that another Strategic Planning session would be held in the summer. After recommendations from Council, City Manager Rickard noted that the summer session will cover topics such as Boards, Commissions, and Committees and the Lake Park. ADJOURNMENT: Mayor O’Malley adjourned the meeting at 8:26 p.m. to the next Regular Session. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen, CMC Assistant City Clerk The following exhibits are available for review in the City Clerk’s office: Exhibit A – Code Enforcement complaint and inspection routing flow charts Exhibit B – Professional certification tracks for Fire Personnel flow chart Page 11 Page 12 ITEM NUMBER: A-2 DATE: 05/10/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2016 2195 03/01/2016 RABOBANK, N.A.46,175.00Payroll Vendor Payment 2196 03/01/2016 EMPLOYMENT DEV DEPARTMENT 11,987.08Payroll Vendor Payment 2197 03/01/2016 EMPLOYMENT DEV. DEPARTMENT 1,782.88Payroll Vendor Payment 148020 03/04/2016 AD STARR SPORTS 1,801.75Accounts Payable Check 148021 03/04/2016 AGM CALIFORNIA, INC.1,000.00Accounts Payable Check 148022 03/04/2016 AIR-LEFT REFRIGERATION & HTG 154.23Accounts Payable Check 148023 03/04/2016 ALAMEDA ELECTRICAL DISTRIBUTOR 281.08Accounts Payable Check 148024 03/04/2016 ALLIANT INSURANCE SERVICES INC 455.00Accounts Payable Check 148025 03/04/2016 ALTHOUSE & MEADE, INC.300.00Accounts Payable Check 148026 03/04/2016 AMERICAN MARBORG 16.88Accounts Payable Check 148027 03/04/2016 AMERICAN WEST TIRE & AUTO INC 3,430.45Accounts Payable Check 148028 03/04/2016 ANTECH DIAGNOSTICS 349.91Accounts Payable Check 148029 03/04/2016 ARRIS STUDIO ARCHITECTS 2,710.00Accounts Payable Check 148030 03/04/2016 ASAP REPROGRAPHICS 276.48Accounts Payable Check 148031 03/04/2016 ASSOCIATED TRAFFIC SAFETY 58.32Accounts Payable Check 148036 03/04/2016 AT&T 1,807.43Accounts Payable Check 148037 03/04/2016 AT&T 881.73Accounts Payable Check 148038 03/04/2016 ATASCADERO HAY & FEED 1,390.32Accounts Payable Check 148039 03/04/2016 ATASCADERO KIWANIS 500.00Accounts Payable Check 148041 03/04/2016 ATASCADERO MUTUAL WATER CO.3,148.55Accounts Payable Check 148042 03/04/2016 ATASCADERO NEWS 669.50Accounts Payable Check 148043 03/04/2016 TERRIE BANISH 38.82Accounts Payable Check 148044 03/04/2016 BARNETT COX & ASSOCIATES 124.50Accounts Payable Check 148045 03/04/2016 BASSETT'S CRICKET RANCH,INC.294.66Accounts Payable Check 148046 03/04/2016 BATTERY SYSTEMS, INC.215.96Accounts Payable Check 148047 03/04/2016 BERRY MAN, INC.785.35Accounts Payable Check 148048 03/04/2016 BLACK KNIGHT FINANCIAL SVC,LLC 5.00Accounts Payable Check 148049 03/04/2016 BOLLINGER, INC.300.00Accounts Payable Check 148050 03/04/2016 GREGORY A. BRAZZI 150.00Accounts Payable Check 148051 03/04/2016 DEBRA R. BREWER 24.50Accounts Payable Check 148052 03/04/2016 BREZDEN PEST CONTROL, INC.88.00Accounts Payable Check 148053 03/04/2016 SHIRLEY R. BRUTON 703.20Accounts Payable Check 148054 03/04/2016 BURKE,WILLIAMS, & SORENSON LLP 22,752.83Accounts Payable Check 148055 03/04/2016 BUTLER BUSINESS MACHINES 261.00Accounts Payable Check 148056 03/04/2016 C3 CONSTRUCTION & DEVELOPMENT 9,769.07Accounts Payable Check 148057 03/04/2016 CA CODE CHECK, INC.38,267.49Accounts Payable Check Page 13 ITEM NUMBER: A-2 DATE: 05/10/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2016 148058 03/04/2016 LIBBY CABRAL 7.56Accounts Payable Check 148059 03/04/2016 CALPORTLAND COMPANY 256.24Accounts Payable Check 148060 03/04/2016 CANNON 1,233.64Accounts Payable Check 148061 03/04/2016 KATE CAPELA 88.11Accounts Payable Check 148062 03/04/2016 CHRISTOPHER M. CARNES 44.00Accounts Payable Check 148063 03/04/2016 CENTRAL COAST GREEN GOATS 8,400.00Accounts Payable Check 148064 03/04/2016 CENTRAL COAST R & R LOCK 171.20Accounts Payable Check 148065 03/04/2016 KATHLEEN J. CINOWALT 226.80Accounts Payable Check 148066 03/04/2016 CITY OF PASO ROBLES 450.00Accounts Payable Check 148067 03/04/2016 KAREN A. CLANIN 465.50Accounts Payable Check 148068 03/04/2016 COBAN TECHNOLOGIES, INC.1,997.40Accounts Payable Check 148069 03/04/2016 ALEXANDER J. COOPER 231.00Accounts Payable Check 148070 03/04/2016 CRYSTAL SPRINGS WATER 60.00Accounts Payable Check 148071 03/04/2016 MATTHEW J. CURRY 160.00Accounts Payable Check 148072 03/04/2016 DARRYL'S LOCK AND SAFE 41.58Accounts Payable Check 148073 03/04/2016 SHARON J. DAVIS 371.00Accounts Payable Check 148074 03/04/2016 NICHOLAS DEBAR 300.00Accounts Payable Check 148075 03/04/2016 DEPARTMENT OF JUSTICE 524.00Accounts Payable Check 148076 03/04/2016 DIAMONDBACK FIRE & RESCUE, INC 3,198.49Accounts Payable Check 148077 03/04/2016 DRIVE CUSTOMS 420.00Accounts Payable Check 148078 03/04/2016 PHILIP DUNSMORE 300.00Accounts Payable Check 148079 03/04/2016 ED'S FLYMEAT LLC 82.90Accounts Payable Check 148080 03/04/2016 ESCUELA DEL RIO 480.00Accounts Payable Check 148081 03/04/2016 JENNIFER FANNING 123.00Accounts Payable Check 148082 03/04/2016 FEDERAL SIGNAL CORP.110.79Accounts Payable Check 148083 03/04/2016 FERRELL'S AUTO REPAIR 797.83Accounts Payable Check 148084 03/04/2016 FGL ENVIRONMENTAL 216.00Accounts Payable Check 148085 03/04/2016 GAS COMPANY 2,977.11Accounts Payable Check 148086 03/04/2016 GEM AUTO PARTS 298.48Accounts Payable Check 148087 03/04/2016 GOLDEN STATE COPIER & MAILING 246.60Accounts Payable Check 148088 03/04/2016 H.E., INC.7,183.48Accounts Payable Check 148089 03/04/2016 BRADLEY A. HACKLEMAN 681.00Accounts Payable Check 148090 03/04/2016 CHRISTOPHER HALL 560.00Accounts Payable Check 148091 03/04/2016 HART IMPRESSIONS PRINTING 787.58Accounts Payable Check 148093 03/04/2016 HOME DEPOT CREDIT SERVICES 1,542.78Accounts Payable Check 148094 03/04/2016 INHOUSE SECURITY SERVICE, LLC 320.00Accounts Payable Check 148095 03/04/2016 INTOXIMETERS 104.57Accounts Payable Check Page 14 ITEM NUMBER: A-2 DATE: 05/10/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2016 148096 03/04/2016 J. CARROLL CORPORATION 193.32Accounts Payable Check 148097 03/04/2016 JB DEWAR INC 146.25Accounts Payable Check 148098 03/04/2016 JK'S UNLIMITED 790.94Accounts Payable Check 148099 03/04/2016 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check 148100 03/04/2016 KARP LAND SURVEYS 4,433.00Accounts Payable Check 148101 03/04/2016 KEVIN BENNETT EXCAVATING 2,420.00Accounts Payable Check 148102 03/04/2016 L.N. CURTIS & SONS 208.19Accounts Payable Check 148103 03/04/2016 LEAGUE OF CALIFORNIA CITIES 9,725.00Accounts Payable Check 148104 03/04/2016 LIFE ASSIST, INC.761.28Accounts Payable Check 148105 03/04/2016 LARISSE LOPEZ 123.00Accounts Payable Check 148106 03/04/2016 MADRONE LANDSCAPES, INC.200.00Accounts Payable Check 148107 03/04/2016 BECKY MAXWELL 178.35Accounts Payable Check 148108 03/04/2016 MEDPOST URGENT CARE-PASO ROBLE 540.00Accounts Payable Check 148109 03/04/2016 MICHAEL BAKER INTERNATIONAL 6,500.00Accounts Payable Check 148111 03/04/2016 MINER'S ACE HARDWARE 1,316.40Accounts Payable Check 148112 03/04/2016 MATTHEW J. MIRANDA 51.00Accounts Payable Check 148113 03/04/2016 MISSION UNIFORM SERVICE 475.48Accounts Payable Check 148114 03/04/2016 MOBILE WIRELESS, LLC 2,535.75Accounts Payable Check 148115 03/04/2016 REON C MONSON 378.00Accounts Payable Check 148116 03/04/2016 MV TRANSPORTATION, INC.11,264.96Accounts Payable Check 148117 03/04/2016 NORTH COUNTY GLASS 212.14Accounts Payable Check 148118 03/04/2016 OFFICE DEPOT INC.1,381.04Accounts Payable Check 148119 03/04/2016 JOSEPH R. OLAGUE 26.00Accounts Payable Check 148120 03/04/2016 ONTRAC 16.05Accounts Payable Check 148121 03/04/2016 TARA ORLICK 46.44Accounts Payable Check 148123 03/04/2016 PACIFIC GAS AND ELECTRIC 23,057.51Accounts Payable Check 148124 03/04/2016 PASO ROBLES FORD LINCOLN MERC 736.85Accounts Payable Check 148125 03/04/2016 PAVEMENT ENGINEERING, INC.225.00Accounts Payable Check 148126 03/04/2016 PERRY'S PARCEL & GIFT 422.01Accounts Payable Check 148127 03/04/2016 PROCARE JANITORIAL SUPPLY,INC.597.38Accounts Payable Check 148128 03/04/2016 AMY QUALEY 82.00Accounts Payable Check 148129 03/04/2016 JERI RANGEL 300.00Accounts Payable Check 148130 03/04/2016 RACHELLE RICKARD 516.00Accounts Payable Check 148131 03/04/2016 JOHN F. RICKENBACH 12,740.00Accounts Payable Check 148132 03/04/2016 DALLAN M. ROETKER 44.00Accounts Payable Check 148133 03/04/2016 S. LOMBARDI & ASSOCIATES 932.00Accounts Payable Check 148134 03/04/2016 SAFEGUARD BUSINESS SYSTEMS,INC 1,169.01Accounts Payable Check Page 15 ITEM NUMBER: A-2 DATE: 05/10/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2016 148135 03/04/2016 SAN FRANCISCO CHRONICLE 6,499.00Accounts Payable Check 148136 03/04/2016 SANTA MONICA SEAFOOD 189.48Accounts Payable Check 148137 03/04/2016 MICHELE SCHAMBER 179.00Accounts Payable Check 148138 03/04/2016 KEITH B. SCHMIDT 180.00Accounts Payable Check 148139 03/04/2016 SCOTT O'BRIEN FIRE & SAFETY CO 348.68Accounts Payable Check 148140 03/04/2016 THE SHERWIN-WILLIAMS COMPANY 27.49Accounts Payable Check 148141 03/04/2016 SHORIN-RYU KARATE 280.00Accounts Payable Check 148142 03/04/2016 JOHN C. SIEMENS 143.50Accounts Payable Check 148143 03/04/2016 SLO COUNTY HEALTH AGENCY 56,059.25Accounts Payable Check 148144 03/04/2016 SLO COUNTY SHERIFF'S OFFICE 4,157.22Accounts Payable Check 148145 03/04/2016 MARY P. SMITH 600.00Accounts Payable Check 148146 03/04/2016 CONNER M. SPEARS 4,980.00Accounts Payable Check 148147 03/04/2016 STAPLES CREDIT PLAN 200.61Accounts Payable Check 148148 03/04/2016 RONALD R. TARICA 90.00Accounts Payable Check 148149 03/04/2016 THRIVE TRAINING CENTER 79.80Accounts Payable Check 148150 03/04/2016 UNITED STAFFING ASSC., INC.1,750.32Accounts Payable Check 148151 03/04/2016 UNIVAR USA, INC.4,475.52Accounts Payable Check 148152 03/04/2016 JONINA W. VAN BEEK 140.00Accounts Payable Check 148153 03/04/2016 SABRINA T. VAN BEEK 72.00Accounts Payable Check 148154 03/04/2016 VERDIN 15,513.50Accounts Payable Check 148155 03/04/2016 VOID 0.00Accounts Payable Check 148156 03/04/2016 ROBERTA WAGNER 30.00Accounts Payable Check 148157 03/04/2016 WALLACE GROUP 2,226.61Accounts Payable Check 148158 03/04/2016 WELL SEEN SIGN CO., LLC 94.82Accounts Payable Check 148159 03/04/2016 WEST COAST AUTO & TOWING, INC.117.72Accounts Payable Check 148160 03/04/2016 WESTERN JANITOR SUPPLY 290.57Accounts Payable Check 148161 03/04/2016 WEX BANK - 76 UNIVERSL 10,768.89Accounts Payable Check 148162 03/04/2016 WHITLOCK & WEINBERGER TRANS.8,823.78Accounts Payable Check 148163 03/04/2016 KAREN B. WYKE 511.80Accounts Payable Check 148164 03/07/2016 CHEVRON & TEXACO BUS. CARD 746.90Accounts Payable Check 148165 03/07/2016 SHELL 801.24Accounts Payable Check 148166 03/10/2016 ATASCADERO MID MGRS ORG UNION 30.00Payroll Vendor Payment 148167 03/10/2016 ATASCADERO POLICE OFFICERS 1,186.25Payroll Vendor Payment 148168 03/10/2016 ATASCADERO PROF. FIREFIGHTERS 864.25Payroll Vendor Payment 148169 03/10/2016 HARTFORD LIFE INSURANCE 7,172.00Payroll Vendor Payment 148170 03/10/2016 NATIONWIDE RETIREMENT SOLUTION 466.26Payroll Vendor Payment Page 16 ITEM NUMBER: A-2 DATE: 05/10/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2016 148171 03/10/2016 NAVIA BENEFIT SOLUTIONS 1,626.28Payroll Vendor Payment 148172 03/10/2016 SEIU LOCAL 620 927.66Payroll Vendor Payment 148173 03/10/2016 VANTAGEPOINT TRNSFR AGT 106099 313.39Payroll Vendor Payment 148174 03/10/2016 VANTAGEPOINT TRNSFR AGT 304633 2,639.60Payroll Vendor Payment 2198 03/11/2016 STATE DISBURSEMENT UNIT 408.46Payroll Vendor Payment 2199 03/11/2016 HEALTHEQUITY, INC.6,063.01Payroll Vendor Payment 2200 03/11/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,068.74Payroll Vendor Payment 2201 03/11/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,809.63Payroll Vendor Payment 2202 03/11/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,998.73Payroll Vendor Payment 2203 03/11/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,187.96Payroll Vendor Payment 2204 03/11/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,133.88Payroll Vendor Payment 2205 03/11/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,275.63Payroll Vendor Payment 2206 03/11/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,819.82Payroll Vendor Payment 2207 03/15/2016 RABOBANK, N.A.44,327.04Payroll Vendor Payment 2208 03/15/2016 EMPLOYMENT DEV DEPARTMENT 11,259.03Payroll Vendor Payment 2209 03/15/2016 EMPLOYMENT DEV. DEPARTMENT 1,776.66Payroll Vendor Payment 148175 03/18/2016 911 CUSTOM, LLC 3,000.00Accounts Payable Check 148176 03/18/2016 AGP VIDEO, INC.3,000.00Accounts Payable Check 148177 03/18/2016 ALLIANCE SEPTIC SERVICE 900.00Accounts Payable Check 148178 03/18/2016 AMERICAN MARBORG 107.25Accounts Payable Check 148179 03/18/2016 AMERICAN WEST TIRE & AUTO INC 598.34Accounts Payable Check 148180 03/18/2016 ANTECH DIAGNOSTICS 297.80Accounts Payable Check 148182 03/18/2016 AT&T 874.06Accounts Payable Check 148183 03/18/2016 AT&T 101.80Accounts Payable Check 148184 03/18/2016 ATASCADERO APOSTOLIC CHURCH 412.00Accounts Payable Check 148185 03/18/2016 ATASCADERO DOOR COMPANY 97.20Accounts Payable Check 148186 03/18/2016 ATASCADERO ECONOMIC FOUNDATION 1,200.00Accounts Payable Check 148187 03/18/2016 ATASCADERO HAY & FEED 633.60Accounts Payable Check 148188 03/18/2016 ATASCADERO MAIN STREET, INC.25.00Accounts Payable Check 148189 03/18/2016 ATASCADERO NEWS 895.20Accounts Payable Check 148190 03/18/2016 TERRIE BANISH 105.83Accounts Payable Check 148191 03/18/2016 BANK OF NEW YORK MELLON 375,338.55Accounts Payable Check 148192 03/18/2016 BASSETT'S CRICKET RANCH,INC.175.07Accounts Payable Check 148193 03/18/2016 BATTERY SYSTEMS, INC.123.64Accounts Payable Check 148194 03/18/2016 BELL'S PLUMBING REPAIR, INC.150.00Accounts Payable Check Page 17 ITEM NUMBER: A-2 DATE: 05/10/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2016 148195 03/18/2016 KEITH R. BERGHER 371.25Accounts Payable Check 148196 03/18/2016 BERRY MAN, INC.328.70Accounts Payable Check 148197 03/18/2016 BORJON AUTO CENTER 13.32Accounts Payable Check 148198 03/18/2016 ALEX J. BRAZZI 285.00Accounts Payable Check 148199 03/18/2016 GREGORY A. BRAZZI 255.00Accounts Payable Check 148200 03/18/2016 LORI BRICKEY 25.59Accounts Payable Check 148201 03/18/2016 BURKE,WILLIAMS, & SORENSON LLP 10,000.00Accounts Payable Check 148202 03/18/2016 C3 CONSTRUCTION & DEVELOPMENT 5,022.40Accounts Payable Check 148203 03/18/2016 CALPORTLAND COMPANY 2,294.14Accounts Payable Check 148204 03/18/2016 CANNON 714.31Accounts Payable Check 148205 03/18/2016 CHRISTOPHER M. CARNES 88.00Accounts Payable Check 148206 03/18/2016 CENTRAL COAST R & R LOCK 68.04Accounts Payable Check 148207 03/18/2016 CENTRAL NEBRASKA PACKING, INC.6,945.11Accounts Payable Check 148208 03/18/2016 CHARLES PRODUCTS, INC.632.59Accounts Payable Check 148209 03/18/2016 CHARTER COMMUNICATIONS 1,308.26Accounts Payable Check 148210 03/18/2016 CHEF JEFFREY SCOTT 25.00Accounts Payable Check 148211 03/18/2016 CIO SOLUTIONS, LP 568.75Accounts Payable Check 148212 03/18/2016 CMS COMMUNICATIONS, INC.113.25Accounts Payable Check 148213 03/18/2016 COAST LINE DISTRIBUTING 163.25Accounts Payable Check 148214 03/18/2016 COASTAL COPY, LP 147.56Accounts Payable Check 148215 03/18/2016 ALEXANDER J. COOPER 55.00Accounts Payable Check 148216 03/18/2016 CORELOGIC SOLUTIONS, LLC.125.00Accounts Payable Check 148217 03/18/2016 JOHN COUCH 600.00Accounts Payable Check 148218 03/18/2016 CRYSTAL SPRINGS WATER 264.80Accounts Payable Check 148219 03/18/2016 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check 148220 03/18/2016 DEPARTMENT OF JUSTICE 556.00Accounts Payable Check 148221 03/18/2016 DFM ASSOCIATES 107.50Accounts Payable Check 148222 03/18/2016 DOCUTEAM 123.98Accounts Payable Check 148223 03/18/2016 DRIVE CUSTOMS 200.00Accounts Payable Check 148224 03/18/2016 AUSTIN E. ERB 33.00Accounts Payable Check 148225 03/18/2016 ESCUELA DEL RIO 600.00Accounts Payable Check 148226 03/18/2016 FARM SUPPLY COMPANY 73.41Accounts Payable Check 148227 03/18/2016 FASTENAL COMPANY 2,348.05Accounts Payable Check 148228 03/18/2016 FEDERAL SIGNAL CORP.110.50Accounts Payable Check 148229 03/18/2016 FERRELL'S AUTO REPAIR 181.03Accounts Payable Check 148230 03/18/2016 FIG GOOD FOOD, LLC 129.60Accounts Payable Check 148231 03/18/2016 FOOD FOR LESS 46.74Accounts Payable Check Page 18 ITEM NUMBER: A-2 DATE: 05/10/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2016 148232 03/18/2016 GAS COMPANY 304.53Accounts Payable Check 148233 03/18/2016 GEM AUTO PARTS 247.79Accounts Payable Check 148234 03/18/2016 GILBERT'S LANDSCAPES 3,287.70Accounts Payable Check 148235 03/18/2016 GLOBAL EQUIPMENT CO.108.00Accounts Payable Check 148236 03/18/2016 HANLEY AND FLEISHMAN, LLP 888.00Accounts Payable Check 148237 03/18/2016 HART IMPRESSIONS PRINTING 1,234.70Accounts Payable Check 148238 03/18/2016 INHOUSE SECURITY SERVICE, LLC 520.00Accounts Payable Check 148239 03/18/2016 THE INK CO.269.36Accounts Payable Check 148240 03/18/2016 J. CARROLL CORPORATION 1,240.55Accounts Payable Check 148241 03/18/2016 JK'S UNLIMITED 240.00Accounts Payable Check 148242 03/18/2016 K & M INTERNATIONAL 42.12Accounts Payable Check 148243 03/18/2016 KID TEES 183.34Accounts Payable Check 148244 03/18/2016 KPRL 1230 AM 320.00Accounts Payable Check 148245 03/18/2016 KW CONSTRUCTION 6,700.00Accounts Payable Check 148246 03/18/2016 LA MARINERA 68.00Accounts Payable Check 148247 03/18/2016 LEE WILSON ELECTRIC CO. INC 1,428.00Accounts Payable Check 148248 03/18/2016 LIFE ASSIST, INC.1,362.87Accounts Payable Check 148249 03/18/2016 MADRONE LANDSCAPES, INC.3,885.42Accounts Payable Check 148250 03/18/2016 MAINLINE UTILITY CO.15,763.80Accounts Payable Check 148251 03/18/2016 MEDPOST URGENT CARE-PASO ROBLE 2,135.00Accounts Payable Check 148252 03/18/2016 MESA AIR HEATING/AIR CONDTNG 63.00Accounts Payable Check 148253 03/18/2016 RILEY A. METE 143.00Accounts Payable Check 148254 03/18/2016 METRO 92.67Accounts Payable Check 148255 03/18/2016 MICHAEL BAKER INTERNATIONAL 8,661.25Accounts Payable Check 148256 03/18/2016 MID-COAST MOWER & SAW, INC.39.70Accounts Payable Check 148257 03/18/2016 MINER'S ACE HARDWARE 801.87Accounts Payable Check 148258 03/18/2016 MISSION UNIFORM SERVICE 205.48Accounts Payable Check 148259 03/18/2016 MMASC 170.00Accounts Payable Check 148260 03/18/2016 MOUNTAIN SHADES, INC.280.56Accounts Payable Check 148261 03/18/2016 MULTI W SYSTEMS, INC.5,184.00Accounts Payable Check 148262 03/18/2016 NASSAU-SOSNICK DISTRIBUTION CO 158.55Accounts Payable Check 148263 03/18/2016 NBS 7,500.00Accounts Payable Check 148264 03/18/2016 NORTH COAST ENGINEERING INC.500.25Accounts Payable Check 148265 03/18/2016 OFFICE DEPOT INC.1,172.18Accounts Payable Check 148266 03/18/2016 JESSICA OGLESBY 39.00Accounts Payable Check 148267 03/18/2016 PACIFIC GAS AND ELECTRIC 19,064.55Accounts Payable Check 148268 03/18/2016 PALOMAR SELF STORAGE 405.00Accounts Payable Check Page 19 ITEM NUMBER: A-2 DATE: 05/10/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2016 148269 03/18/2016 PASO ROBLES CHEVROLET 740.12Accounts Payable Check 148270 03/18/2016 PERRY'S PARCEL & GIFT 48.73Accounts Payable Check 148271 03/18/2016 MIKE PIWOWARSKI 88.55Accounts Payable Check 148272 03/18/2016 PROCARE JANITORIAL SUPPLY,INC.910.87Accounts Payable Check 148273 03/18/2016 QUALITY PLUMBING, INC.65.50Accounts Payable Check 148274 03/18/2016 QUE PASA MEXICAN CAFE 88.00Accounts Payable Check 148275 03/18/2016 R & R PRODUCTS, INC.348.68Accounts Payable Check 148276 03/18/2016 DOMINIC S. REYES 110.00Accounts Payable Check 148277 03/18/2016 DALLAN M. ROETKER 55.00Accounts Payable Check 148278 03/18/2016 S. LOMBARDI & ASSOCIATES 1,500.00Accounts Payable Check 148279 03/18/2016 SAN LUIS POWERHOUSE, INC.270.00Accounts Payable Check 148280 03/18/2016 SCOTT DAVIS CONSULTING 1,218.75Accounts Payable Check 148281 03/18/2016 SLO COUNTY HEALTH AGENCY 56,059.25Accounts Payable Check 148282 03/18/2016 SLO COUNTY SHERIFF'S OFFICE 2,207.00Accounts Payable Check 148283 03/18/2016 SLO COUNTY SHERIFF'S OFFICE 159.00Accounts Payable Check 148284 03/18/2016 SOUTH COAST EMERGENCY VEH SVC 435.81Accounts Payable Check 148285 03/18/2016 SPEAKWRITE, LLC.253.28Accounts Payable Check 148286 03/18/2016 STATE BOARD OF EQUALIZATION 1,270.00Accounts Payable Check 148287 03/18/2016 SUNLIGHT JANITORIAL 2,711.00Accounts Payable Check 148288 03/18/2016 CHRISTOPHER DANIEL THOMAS 120.00Accounts Payable Check 148289 03/18/2016 TRIBUNE 1,850.00Accounts Payable Check 148295 03/18/2016 U.S. BANK 27,154.09Accounts Payable Check 148296 03/18/2016 U.S. POSTMASTER 225.00Accounts Payable Check 148297 03/18/2016 ULTREX BUSINESS PRODUCTS 542.06Accounts Payable Check 148298 03/18/2016 UNITED STAFFING ASSC., INC.1,750.32Accounts Payable Check 148299 03/18/2016 JONINA W. VAN BEEK 50.00Accounts Payable Check 148300 03/18/2016 SABRINA T. VAN BEEK 60.00Accounts Payable Check 148301 03/18/2016 VERIZON WIRELESS 2,712.90Accounts Payable Check 148302 03/18/2016 JEFF WELCH 24.00Accounts Payable Check 148303 03/18/2016 BRANDON J. WELLS 195.00Accounts Payable Check 148304 03/18/2016 WILLDAN FINANCIAL SERVICES 2,500.00Accounts Payable Check 148305 03/18/2016 PAUL JEFFREY ZEHNER 9,100.00Accounts Payable Check 148306 03/24/2016 ATASCADERO MID MGRS ORG UNION 30.00Payroll Vendor Payment 148307 03/24/2016 ATASCADERO POLICE OFFICERS 1,186.25Payroll Vendor Payment 148308 03/24/2016 ATASCADERO PROF. FIREFIGHTERS 864.25Payroll Vendor Payment 148309 03/24/2016 HARTFORD LIFE INSURANCE 6,922.00Payroll Vendor Payment Page 20 ITEM NUMBER: A-2 DATE: 05/10/16 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of March 2016 148310 03/24/2016 NATIONWIDE RETIREMENT SOLUTION 567.89Payroll Vendor Payment 148311 03/24/2016 NAVIA BENEFIT SOLUTIONS 1,626.28Payroll Vendor Payment 148312 03/24/2016 NAVIA BENEFIT SOLUTIONS 70.00Payroll Vendor Payment 148313 03/24/2016 SEIU LOCAL 620 928.69Payroll Vendor Payment 148314 03/24/2016 VANTAGEPOINT TRNSFR AGT 106099 611.01Payroll Vendor Payment 148315 03/24/2016 VANTAGEPOINT TRNSFR AGT 304633 2,739.60Payroll Vendor Payment 2210 03/25/2016 STATE DISBURSEMENT UNIT 408.46Payroll Vendor Payment 2211 03/25/2016 HEALTHEQUITY, INC.6,163.01Payroll Vendor Payment 2212 03/25/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 24,269.65Payroll Vendor Payment 2213 03/25/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 36,791.19Payroll Vendor Payment 2214 03/25/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,997.46Payroll Vendor Payment 2215 03/25/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,062.07Payroll Vendor Payment 2216 03/25/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,146.51Payroll Vendor Payment 2217 03/25/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,275.63Payroll Vendor Payment 2218 03/25/2016 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,842.37Payroll Vendor Payment 148316 03/28/2016 ALLSTATE WORKPLACE DIVISION 2,522.19Payroll Vendor Payment 148317 03/28/2016 ANTHEM BLUE CROSS HEALTH 148,979.97Payroll Vendor Payment 148318 03/28/2016 LINCOLN NATIONAL LIFE INS CO 1,462.78Payroll Vendor Payment 148319 03/28/2016 MEDICAL EYE SERVICES 1,827.27Payroll Vendor Payment 148320 03/28/2016 PREFERRED BENEFITS INSURANCE 9,541.60Payroll Vendor Payment 2219 03/29/2016 RABOBANK, N.A.46,273.91Payroll Vendor Payment 2220 03/29/2016 EMPLOYMENT DEV DEPARTMENT 11,861.13Payroll Vendor Payment 2221 03/29/2016 EMPLOYMENT DEV. DEPARTMENT 1,742.31Payroll Vendor Payment $1,491,168.04 Page 21 ITEM NUMBER: A-2 DATE: 05/10/16 ITEM NUMBER: A-3 DATE: 05/10/16 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 2016/2017; 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 2016/2017, 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 2016/2017 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 2016/2017; 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 2016/2017. 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 Page 22 ITEM NUMBER: A-3 DATE: 05/10/16 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, 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 14, 2016 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 2016/2017 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. The property owners in attendance requested an assessment of about 66% of the allowable maximum annual assessments for the Landscaping and Lighting District, and about 58% for the Street and Storm Drain District. FISCAL IMPACT: Annual assessments for 2016/2017 will total $28,000 for road/drainage system maintenance and $70,000 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. Amount Per EBU Maximum Assessment Fiscal Year 2016-17 Amount Per EBU Proposed Assessment Fiscal Year 2016-17 District Atascadero Street and Storm Drain Maintenance District No. 01 Apple Valley Atascadero Landscaping and Lighting Maintenance District No. 01 Apple Valley 690.33$ 1,508.60$ 400.00$ 1,000.00$ Page 23 ITEM NUMBER: A-3 DATE: 05/10/16 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 2016/2017 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 2016/2017, 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 2016/2017 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 2016/2017 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 2016/2017 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 2016/2017 8. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2016/2017 assessments for Atascadero Landscaping and Lighting District No. 01 (Apple Valley) Page 24 ITEM NUMBER: A-3 DATE: 05/10/16 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 2016/2017 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 Page 25 ITEM NUMBER: A-3 DATE: 05/10/16 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 Page 26 ITEM NUMBER: A-3 DATE: 05/10/16 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. c. The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. Page 27 ITEM NUMBER: A-3 DATE: 05/10/16 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 2016/2017. 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 Page 28 ITEM NUMBER: A-3 DATE: 05/10/16 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 2016/2017, 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 2016/2017 (July 1, 2016 and ending June 30, 2017) 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 Page 29 ITEM NUMBER: A-3 DATE: 05/10/16 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 14, 2016 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 6 500 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. Page 30 ITEM NUMBER: A-3 DATE: 05/10/16 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 Page 31 Annual Engineer’s Report Street and Storm Drain Maintenance District No. 01 (Apple Valley) City of Atascadero Fiscal Year 2016/17 Page 32 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 CITY OF ATASCADERO Street and Storm Drain Maintenance District No. 01 (Apple Valley) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Tom O’Malley, Mayor Heather Moreno, Mayor Pro Tem Roberta Fonzi, Council Member Bob Kelley, Council Member Brian Sturtevant, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo, Senior Consultant Page 33 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero Table of Contents Prepared by NBS – Fiscal Year 2016/17 TABLE OF CONTENTS 1. ENGINEER’S LETTER 1-1 2. EXECUTIVE SUMMARY 2-1 3. PLANS AND SPECIFICATIONS 3-1 A. BENEFITING PROPERTIES WITHIN THE DISTRICT ................................. 3-1 B. FUNDING AUTHORIZED BY THE 1982 ACT ............................................... 3-1 C. DESCRIPTION OF IMPROVEMENTS AND SERVICES .............................. 3-1 4. ESTIMATE OF COSTS 4-1 5. METHOD OF ASSESSMENT 5-1 A. GENERAL .................................................................................................... 5-1 B. BENEFIT ANALYSIS .................................................................................... 5-1 C. ASSESSMENT METHODOLOGY ................................................................ 5-2 D. ASSESSMENT RANGE FORMULA ............................................................. 5-5 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 Page 34 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 1-1 Prepared by NBS – Fiscal Year 2016/17 1. ENGINEER’S LETTER WHEREAS, on March 24, 2005 by Resolution No. 2005-042, the City Council of the City of Atascadero (the ”City”), State of California, in accordance with and pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), established the City of Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) (the “District”); and WHEREAS, on May 10, 2016, the City Council, under the 1982 Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the reference d fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for fiscal year 2016/17: FY 2016/17 Summary of Assessment Description Amount Estimated Annual Costs $8,090 Capital Reserve Collection/(Uses) 24,090 Levy Adjustments (4,180) Balance to Levy $28,000 Fiscal Year 2016/17 Maximum Rate $690.33 Fiscal Year 2016/17 Proposed Applied Rate $400.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1982 Act. NBS Page 35 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 2-1 Prepared by NBS – Fiscal Year 2016/17 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), proposed to form and levy special benefit assessments for the district designated as: Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Apple Valley, Tract 2495 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2016/17. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the street and storm drain improvements and facilities associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements and facilities. The annual assessments described herein will provide a funding source for the continued operation and maintenance of streets, storm drain system , and appurtenant facilities installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the streets and storm drain system that provides special benefits to properties within the District. The structure of the District (organization), the improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2495; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District’s formation, the City conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments, and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein; therefore, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. The assessments for fiscal year 2005/2006 were Page 36 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 2-2 Prepared by NBS – Fiscal Year 2016/17 submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, a Report shall be prepared and presented to the City Council describing any changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. Page 37 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 3-1 Prepared by NBS – Fiscal Year 2016/17 3. PLANS AND SPECIFICATIONS A. BENEFITING PROPERTIES WITHIN THE DISTRICT The territory within the District consists of the lots, parcels, and subdivisions of land within the proposed residential subdivision known as the Apple Valley, Tract 2495, which encompasses an area of land totaling approximately twenty-eight acres (28.35 acres). This residential subdivision includes seventy (70) single-family residential homes. The subdivision is situated in the northern portion of the City just southwest of Highway 101 and is generally located:  South of Del Rio Road;  North of Conejo Road;  West of Ramona Road; and,  East of Graves Creek. B. FUNDING AUTHORIZED BY THE 1982 ACT As generally defined by the 1982 Act and applicable to this District, the City may impose a benefit assessment to finance the maintenance and operation costs of the following services:  Drainage and Flood Control;  Streets and Roads. In addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements, the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction, or replacement of drainage and flood control facilities as well as the street and road improvements (with some limitations). While such activities are permitted under the 1982 Act, the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages, the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments would not be reasonable. If such funding becomes necessary, the City may present a new or increased assessment to the property owners to support the projects. C. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to fund the activities necessary to maintain and service the local streets and the drainage and flood control systems constructed and installed in connection with development of properties within the residential subdivision known as Apple Valley, Tract 2495 pursuant to approved development plans and agreements. The improvements may consist of all or a portion of the public streets, drainage and flood control facilities associated with Tract 2495 and the maintenance of these improvements may include but are not limited to the materials, equipment, labor, and incidental expenses deemed necessary to keep these improvements in satisfactory condition. The maintenance of the improvements and related activities shall be funded entirely or partially through the District assessments. The District improvements and services are generally described as:  Street maintenance that may include but is not limited to the repair and servicing of street surfaces, curbs, gutters, bridges, driveway approaches, sidewalks, barricades, delineation, signage, or other facilities within the public street right-of-ways installed in connection with the development of properties in Tract 2495 and that have been dedicated to the City; Page 38 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 3-2 Prepared by NBS – Fiscal Year 2016/17  Storm drain and flood control maintenance that may include but is not limited to inspection, repair and servicing of drainage basins, inlets, catch basins, manholes, outlets, drywells, pumps, filters, and storm drain pipes installed in connection with the development of properties of Tract 2495 as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties including waste water treatment;  The appurtenant, equipment, materials, and service contracts related to the aforementioned improvements and facilities;  Specifically excluded are those improvements or facilities: located on private property or common areas; that may be provided or maintained by an agency other than the City; that may be provided by another assessment or tax levied by the City; or that may be provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. Street Maintenance The street maintenance program may include, but is not limited to: the repair of potholes, cracks, or other failures in the asphalt surface; repair or replacement of curbs, gutters, driveway approaches, and sidewalks as required as part of maintaining the streets; repair or installation of street signs, barricades, fencing, or other delineation; mechanized sweeping and cleaning of the streets and gutters; slurry sealing, overlays, and re- striping of the street surfaces. The specific activities and timing of various street and road maintenance services shall be determined by the City’s Public Works Department as necessary to extend the life of the streets or to improve traffic circulation and safety as available funding permits. Specifically the street improvements for this District are identified as:  Approximately 106,460 square feet of asphalt street surface located on the perimeter of the development (south half of Del Rio Road); and the various interior streets identified as Via Colonia Court, San Ramon Road, Via Huerto Court, Avenida Manzana, and San Ramon Road.  Approximately 5,320 linear feet of curb and gutter along Del Rio Road, Via Colonia Court, San Ramon Road, Via Huerto Court, Avenida Manzana, San Ramon Road, and Conejo Road;  Approximately 3,545 square feet of decorative street pavers and 1,254 linear feet of curb and gutter in and around the two median islands on San Ramon Road (entryways to the development at Del Rio Road and Conejo Road);  Approximately 70 driveway approaches, 25,394 square feet of sidewalks and various street signs within the District;  Specifically not included as part of the street maintenance program are the costs associated with major replacements or reconstruction. Although the District assessments will provide funding for regular maintenance and servicing of the improvements that will extend the useful life of the street improvements, the assessments are not intended to fund major replacements or reconstruction of the street surfaces or adjacent improvements such as curbs, gutters, or driveway approaches. The costs of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt; and replacement of curbs, gutters, driveway approaches, and sidewalks is significantly more than the amount that can reasonably be collected annually under the provisions of the 1982 Page 39 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 3-3 Prepared by NBS – Fiscal Year 2016/17 Act. When such repairs or activities are deemed necessary, the City will consider various financing options including new or increased assessments for property owner approval. The Public Works Department shall authorize the operational activities and maintenance of the public street and right-of-way improvements, facilities, and services that may include, but are not limited to:  Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters;  Annual inspection of street surface and repair of potholes and surface cracks as needed;  Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once every five years);  Periodic re-striping of traffic lanes, bike lanes, street parking areas, crosswalks, and intersections (typically in conjunction with slurry or overly activities);  Graffiti abatement of public improvements within the street right-of-ways that are maintained by the District including but not limited to sandblasting, repainting and repair of fences, walls, barricades, sidewalks, and signage as needed;  Annual inspection and periodic repair or replacement of decorative street- pavers as needed;  Annual inspection and minor repairs of curbs, gutters, driveway approaches, and sidewalks including partial segment replacements as needed to ensure pedestrian and vehicle safety or the integrity of the street;  Annual inspection and periodic repair or rehabilitation of street signs and traffic control devices;  Annual inspection and repair of barricades, street-fencing, delineation or retaining walls within the street right-of-ways as needed. A portion of the services described above are not performed on an annual basis but rather on a periodic basis, such as slurry sealing or overlaying the asphalt streets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent when sufficient funds have been accumulated to perform the services deemed necessary by the City (approximately every five years). This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. Storm Drain and Flood Control Maintenance The storm drain and flood control system associated with the District may include but is not limited to: drainage basins and bio-filters; channel ways; storm drain inlets, catch basins, manholes, outlets; drywells, pumps, filters and pipes. The storm drain system to be maintained primarily involves on-site facilities (within the District boundaries) but may also include off-site improvements such as water treatment equipment, facilities or services mandated or required by Federal, State, or County regulations for water pollution control. The annual assessments for this District are intended to support a storm drain and flood control maintenance program that will adequately regulate and control storm water runoff resulting from the development of properties within the District. This maintenance program may include but is not limited to: inspection and documentation of the system; cleaning, servicing, or repair of the facilities and equipment; and the partial replacement or rehabilitation of equipment and facilities. The storm drain and flood control system Page 40 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 3-4 Prepared by NBS – Fiscal Year 2016/17 includes but is not limited to:  Approximately 30,050 square feet of drainage basin area;  Twenty-eight (28) inlets, outlets, and manholes located throughout Tract 2495;  Approximately 2,100 linear feet of storm drain pipe ranging from 18 inches to 42 inches in diameter. The Public Works Department shall authorize and schedule the operational activities and maintenance of the storm drain and storm water pollution treatment infrastructure, facilities, and services that may include, but are not limited to:  Cleaning of storm drain inlets, catch basins, manholes, and pipes as needed;  Stencil maintenance and documentation of facilities as required by Federal, State, or County regulations;  Cleaning and landscape maintenance of the drainage basins, bio-filter areas or channel ways as needed;  Debris removal and pest control in and around the storm drain facilities as needed;  Minor repairs and maintenance of the storm drain inlets, catch basins, and outlets as needed;  Street sweeping services necessary to control debris and water flow for the storm drain system; and,  The operational costs related to NPDES compliance requirements. A portion of the services described above are not performed on an annual basis but rather on a periodic basis such as minor repairs to the storm drain inlets, catch basins, and outlets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City. This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. Page 41 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 4-1 Prepared by NBS – Fiscal Year 2016/17 4. ESTIMATE OF COSTS BUDGET FY 2016/17 DIRECT COSTS Street, Roads & Storm Drain Improvements Street Sweeping Services $1,000 Inspection & Operational Services - Roads, Drainage 1,410 Total Annual Direct Costs $2,410 CAPITAL EXPENDITURES Special Project - Slurry Seal $- Total Annual Capital Expenditures $- ADMINISTRATION EXEPNSES City Annual Administration $1,400 Engineer's Report & Services 3,480 Public Noticing 800 Total Annual Administration Costs $5,680 TOTAL DIRECT & ADMINISTRATION COSTS $8,090 CAPITAL RESERVE COLLECTIONS/(USES) Collection for Street Surface Activities $21,800 Collection for Street Re-striping 80 Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 850 Collection for Debris Removal 380 Collection for Storm Drain Fencing 380 Collection for Storm Drain Infrastructure 600 Total Annual Capital Reserve Collections/(Uses) $24,090 LEVY ADJUSTMENTS Interest Income - Improvement Fund $(1,194) Interest Income - Operating Reserve Fund (2,490) Operating Reserve Fund Collection/(Use) (496) Total Levy Adjustments $(4,180) BALANCE TO LEVY $28,000 DISTRICT STATISTICS Total Parcels 74 Parcels Levied 70 Total EBU 70 Levy per EBU(1) 400.00 Maximum Levy per EBU 690.33 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $121,330 Operational Reserve Interest 1,194 Use of Operational Reserve Interest (1,194) Operational Reserve Collection/(Use) (496) Estimated Ending Operating Reserve Balance $121,826 Beginning Improvement Fund Balance $230,690 Improvement Fund Interest 2,490 Use of Improvement Fund Interest (2,490) Improvement Fund Collection/(Use) 24,090 Estimated Ending Improvement Fund Balance $254,780 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. Page 42 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-1 Prepared by NBS – Fiscal Year 2016/17 5. METHOD OF ASSESSMENT A. GENERAL The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation, and servicing of drainage and flood control improvements as well as streets, roads, and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”. Furthermore: “The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized … is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. B. BENEFIT ANALYSIS Each of the proposed improvements and services, and the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution. The street and storm drain improvements associated with this District were necessary and essential requirements for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City’s General Plan. As such the ongoing operation, servicing, and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner. Since each parcel to be assessed within the District could not have been developed in the absence of these improvements and facilities, each parcel has a direct investment in the proper maintenance of the improvements that is over and above any general benefits that may be conferred by such improvements and services. The ongoing maintenance and servicing of the District improvements is an integral part of the appearance, use and preservation of the properties within the District and such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels. The proper maintenance of streets and appurtenant facilities allows individual parcels to be used to their fullest extent by ensuring the safe and efficient movement of people and goods to and from the benefiting properties. Likewise, the maintenance and servicing of the storm drain system ensures proper water flow and control of excess water during periods of rain, which is essential to preservation and protection of private property. Together the maintenance and servicing of the streets and storm drain system contributes to a specific enhancement of each of the parcels within the District and the absence of adequate maintenance and servicing of the District improvements could eventually have a negative impact on properties within the District. Page 43 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-2 Prepared by NBS – Fiscal Year 2016/17 Although the improvements may include public streets and storm drain facilities that connect to similar facilities outside the District boundaries, it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Any improvement or portion thereof (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However, the costs associated with installation or improvement of any off-site facilities that benefit the parcels within this District as well as other properties (shared benefit) may be allocated to the parcels within the District based on their proportional special benefit from such improvements. C. ASSESSMENT METHODOLOGY The costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District based on similarities and differences in parcel land use. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1982 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. EBU Application by Land Use: Single-family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”). Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or mobilehome parks). Page 44 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-3 Prepared by NBS – Fiscal Year 2016/17 Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single -family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi- family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases; the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential property is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for the remaining units. Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors it has been determined that an appropriate allocation of special benefit for condominiums, town-homes, and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed). Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise market property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single- family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.0 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). Page 45 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-4 Prepared by NBS – Fiscal Year 2016/17 Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include but is not limited to:  Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County);  Dedicated public easements including open space areas, utility rights-of- way, greenbelts, parkways, parks, or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.;  Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels, or bifurcated lots or properties with very restrictive development use. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. Special Cases — In many districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Page 46 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-5 Prepared by NBS – Fiscal Year 2016/17 Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount D. ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to the future assessments and is generally defined:  If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment.  The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland- San Jose Area from February to February. Beginning with fiscal year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI shall be based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications is permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. Page 47 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 6-1 Prepared by NBS – Fiscal Year 2016/17 6. ASSESSMENT DIAGRAM The parcels within the Street and Storm Drain Maintenance District No. 01 (Apple Valley) consist of the lots, parcels, and subdivisions of land located in the residential development known as Apple Valley, Tract 2495. The District covers approximately twenty-eight acres (28.35 acres) in the northern portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. Page 48 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 7-1 Prepared by NBS – Fiscal Year 2016/17 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, right-of-ways, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment: Page 49 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 4 ITEM NUMBER: A-3 DATE: 05/10/16 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 2016/2017 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 Cl erk 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 Page 50 ITEM NUMBER: A-3 DATE: 05/10/16 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 Page 51 ITEM NUMBER: A-3 DATE: 05/10/16 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 2016/2017 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 2016/2017. Page 52 ITEM NUMBER: A-3 DATE: 05/10/16 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 Page 53 ITEM NUMBER: A-3 DATE: 05/10/16 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 2016/2017 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 2016/2017 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 2016/2017 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 i n 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 2016/2017. Page 54 ITEM NUMBER: A-3 DATE: 05/10/16 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 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 2016/2017, 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 14, 2016, 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. Page 55 ITEM NUMBER: A-3 DATE: 05/10/16 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 Page 56 Annual Engineer’s Report Landscaping and Lighting District No. 01 (Apple Valley) City of Atascadero Fiscal Year 2016/17 Page 57 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 CITY OF ATASCADERO Landscaping & Lighting District No. 01 (Apple Valley) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Tom O’Malley, Mayor Heather Moreno, Mayor Pro Tem Roberta Fonzi, Council Member Bob Kelley, Council Member Brian Sturtevant, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo, Senior Consultant Page 58 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero Table of Contents Prepared by NBS – Fiscal Year 2016/17 TABLE OF CONTENTS 1. ENGINEER’S LETTER 1-1 2. EXECUTIVE SUMMARY 2-1 3. PLANS AND SPECIFICATIONS 3-1 A. DESCRIPTION OF THE DISTRICT.............................................................. 3-1 B. IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT ...... 3-1 C. DESCRIPTION OF IMPROVEMENTS AND SERVICES .............................. 3-2 4. ESTIMATE OF COSTS 4-1 5. METHOD OF ASSESSMENT 5-1 A. GENERAL .................................................................................................... 5-1 B. BENEFIT ANALYSIS .................................................................................... 5-1 C. ASSESSMENT METHODOLOGY................................................................ 5-2 D. ASSESSMENT RANGE FORMULA ............................................................. 5-6 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 Page 59 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 1-1 Prepared by NBS – Fiscal Year 2016/17 1. ENGINEER’S LETTER WHEREAS, on March 24, 2005 by Resolution No. 2005-045, the City Council of the City of Atascadero (the “City”), State of California, in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500 (the “1972 Act”) established the City of Atascadero Landscaping and Lighting District No. 01 (Apple Valley) (the “District”); and WHEREAS, on May 10, 2016, the City Council, under the 1972 Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2016/17: FY 2016/17 Budget Summary Description Total Costs Costs Not Assessed Proposed Assessment Total Benefit Units Maximum Rate Proposed Rate Per BU Annual Maintenance $70,330 $10,598 $60,382 Administration 7,040 0 7,040 Levy Adjustments (7,370) (10,598) 2,578 Total $70,000 $0 $70,000 70 $1,508.60 $1,000.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1972 Act. NBS Page 60 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 2-1 Prepared by NBS – Fiscal Year 2016/17 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as “Article XIIID”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), executed the proceedings required for the establishment of the special benefit assessment district designated as: Landscaping and Lighting District No. 01 (Apple Valley) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Apple Valley, Tract 2495 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2016/17, as required pursuant to Chapter 1, Article 4 of the 1972 Act. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the landscaping and lighting improvements associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provisions of Article XIIID. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements. The annual assessments will provide a funding source for the continued operation and maintenance of public landscaping and lighting improvements installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The boundaries of the District, the proposed improvements, the method of apportionment, and assessments described herein are based on current development plans and spec ifications for Tract 2495; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of the District formation, the City of Atascadero conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing on May 24, 2005 to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. Tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. Page 61 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 2-2 Prepared by NBS – Fiscal Year 2016/17 The assessments for fiscal year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, an Engineer’s Report shall be pr epared and presented to the City Council describing the District any changes to the District or improvements and the proposed budget and assessments for that fiscal year and the City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. Page 62 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 3-1 Prepared by NBS – Fiscal Year 2016/17 3. PLANS AND SPECIFICATIONS A. DESCRIPTION OF THE DISTRICT The territory within the District consists of the lots, parcels and subdivisions of land within the proposed residential subdivision known as the Apple Valley, Tract 2495, which encompasses an area of land totaling approximately twenty-eight acres (28.35 acres). This residential subdivision includes seventy (70) single-fam ily residential homes. The subdivision is situated in the northern portion of the City of Atascadero just southwest of Highway 101 and is generally located:  South of Del Rio Road;  North of Conejo Road;  W est of Ram ona Road; and,  East of Graves Creek B. IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT As generally defined by the 1972 Act and applicable to this District, the improvements and associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not lim ited to street lights and traffic signals; 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the m aintenance or servicing thereof; 5) The installation of park or recreational im provem ents, including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b) Lights, playground equipm ent, play courts, and public restrooms. 6) The acquisition of land for park, recreational, or open-space purposes or any existing im provem ent otherwise authorized pursuant to this section. 7) The m aintenance or servicing, of any of the foregoing including the furnishing of services and m aterials for the ordinary and usual m aintenance, operation, and servicing of any im provem ent including but not limited to: a) Repair, removal, or replacem ent of all or any part of any im provem ents; b) Grading, clearing, rem oval of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) T he rem oval of trimmings, rubbish, debris, and other solid waste; e) T he cleaning, sandblasting, and painting of walls and other improvements to rem ove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting Page 63 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 3-2 Prepared by NBS – Fiscal Year 2016/17 facilities or for the lighting or operation of any other im provem ents; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 8) Incidental expenses associated with the i m provem ents including, but not li m ited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; f) Costs associated with any elections held for the approval of a new or increased assessment. C. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to ensure the ongoing maintenance, operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District. The improvements may consist of all or a portion of the public landscaped areas, street lighting and appurtenant facilities within and adjacent to the District (Tract 2495). These improvements generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or 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 improvements to be maintained and funded entirely or partially through the District assessments are generally described as:  Streetscape landscaping including street trees located on the perimeter of the development and interior streets of Tract 2495 that are within the public right-of-ways or easements and dedicated to the City for maintenance;  Open space areas and fuel modification areas within or adjacent to the District boundaries;  Park areas, recreational equipm ent, trails and landscaped drainage facilities developed and constructed as part of developing properties within Tract 2495;  Public lighting facilities including street lighting, safety lighting and ornamental lighting installed as part of the residential developm ent or landscaped improvement areas;  Appurtenant facilities, equipment, m aterials and utilities related to the aforementioned improvements;  Specifically not included as District im provem ents are those im provem ents located on private property, improvements and facilities that may be provided or maintained by an agency other than the City; improvements and facilities that m ay be provide by another assessment or tax levied by the City or any improvement provided and m aintained by a Homeowner’s Association or sim ilar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public W orks and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved Page 64 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 3-3 Prepared by NBS – Fiscal Year 2016/17 development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. Landscape Improvements The landscape improvements for the District may include, but are not limited to turf, ground cover, shrubs and plants, trees, irrigation and drainage systems, ornamental lighting, masonry walls or other fencing, hardscape improvements, monuments, and associated appurtenant facilities located within the landscape easements or public right-of-ways. Specifically the landscape improvement areas for this District are identified as:  Approximately 30,580 square feet of streetscape (parkway) landscaping within the public right- of-ways located on the perimeter of the development (south side of Del Rio Road); and along various locations of the interior streets including Via Colonia Court, San Ramon Road, Via Huerto Court, Avenida Manzana, and San Ramon Road.  Approximately 108 street trees located along Del Rio Road, Via Colonia Court, San Ramon Road, Via Huerto Court, Avenida Manzana, San Ramon Road and Conejo Road;  Approximately 12,541 square feet of landscaping and trees within the median islands on San Ramon Road located at the two entryways to the development (Del Rio Road and Conejo Road);  Approximately 106,460 square feet of non-irrigated open space area within the District;  Approximately 109,837 square feet of irrigated park and open space areas within the boundaries of the District including 56,647 square feet of turf; 40,335 square feet of irrigated open space; and 12,855 square feet of landscaped slopes within two drainage basins (6,690 and 6,165 square feet respectively); along with various trees and picnic areas;  Approximately 10,320 square feet of paths and trails, 25,394 square feet sidewalks and 5,145 linear feet of fencing within and adjacent to the various landscape improvement areas. Public Lighting Improvements The lighting improvements may include but are not limited to the cost of providing electrical energy and servicing of lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with:  Lighting facilities located within the landscaped areas including safety lights, security lights or ornamental lights installed as part of the District improvements. Page 65 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 4-1 Prepared by NBS – Fiscal Year 2016/17 4. ESTIMATE OF COSTS BUDGET Total Budget Costs Not Assessed Fiscal Year 2016/17 DIRECT COSTS Annual Maintenance Landscape Services $45,000 $5,940 $39,060 Landscape Supplies 1,200 - 1,200 Landscape Utilities 16,030 4,008 12,022 City Landscape Services 8,100 - 8,100 Total Annual Direct Costs $70,330 $9,948 $60,382 ADMINISTRATION EXEPNSES Annual Administration Expenses City Annual Administration $2,140 $ - $2,140 Engineer's Report & Services 4,200 - 4,200 Public Noticing 700 - 700 Total Annual Administration Costs $7,040 $ - $7,040 TOTAL DIRECT & ADMINISTRATION COSTS $77,370 $9,948 $67,422 CAPITAL RESERVE COLLECTIONS/(USES) Landscape Rehabilitation/Replacement $1,300 $650 $650 Median Rehabilitation/Replacement 238 - 238 Open Space Rehabilitation/Replacement 1,120 - 1,120 Tree Rehabilitation/Replacement 2,033 - 2,033 Other Rehabilitation/Replacement 800 - 800 Use of Reserves (6,000) - (6,000) Total Annual Capital Reserve Collections/(Uses) ($509) $650 ($1,159) LEVY ADJUSTMENTS Interest Income - Improvement Fund ($14) $ - ($14) Interest Income - Operating Reserve Fund (596) - (596) Operating Reserve Fund Collection (Use) (1,297) (5,644) (4,347) Other Contributions (4,954) (4,954) 0 Total Levy Adjustments ($6,861) ($10,598) $3,737 BALANCE TO LEVY $70,000 $ - $70,000 DISTRICT STATISTICS Total Parcels 74 Parcels Levied 70 Total EBU 70 Levy per EBU(1) $1,000.00 Maximum Levy per EBU $1,508.60 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $5,644 $66,481 Operational Reserve Interest 596 Use of Operational Reserve Interest (596) Operational Reserve Collection (Use) (5,644) 4,347 Estimated Ending Operating Reserve Balance $0 $70,828 Beginning Improvement Fund Balance $7,775 Improvement Fund Interest 14 Use of Improvement Fund Interest (14) Improvement Fund Collection (Use) (1,159) Estimated Ending Improvement Fund Balance $6,616 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. Page 66 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-1 Prepared by NBS – Fiscal Year 2016/17 5. METHOD OF ASSESSMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. B. BENEFIT ANALYSIS Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and Article XIIID. The improvements provided by this District and for which properties will be assessed have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such, these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District. Any improvement or portion thereof that is considered to be of general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within the District. Special Benefit The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting and well- maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically:  Enhanced desirability of properties through association with the improvements.  Im proved aesthetic appeal of properties providing a positive representation of the area and properties.  Enhanced adaptation of the urban environm ent within the natural environm ent from adequate green space and landscaping.  Environm ental enhancement through im proved erosion resistance, dust and debris control, Page 67 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-2 Prepared by NBS – Fiscal Year 2016/17 and fire prevention.  Increased sense of pride in ownership of property within the District resulting from well- maintained im provem ents associated with the properties.  Enhanced quality of life through well-maintained green space and landscaped areas.  Reduced crim inal activity and property-related crimes (especially vandalism ) against properties in the District through well-maintained surroundings and am enities including abatement of graffiti.  Enhanced environm ental quality of the parcels by m oderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting and other public lighting facilities are the convenience, safety, and security of property, improvements, and goods. Specifically:  Enhanced deterrence of crim e and the aid to police protection.  Increased nighttim e safety on roads, streets and public areas.  Im proved ability of pedestrians and motorists to see.  Im proved ingress and egress to property.  Reduced vandalism and other crim inal act and damage to im provem ents or property.  Im proved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly effect the properties within the District. Although the improvements include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. Page 68 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-3 Prepared by NBS – Fiscal Year 2016/17 The special benefit received by each lot or parcel is equated to the overall land use of parcels within the District based on the parcel’s actual land use or proposed development. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. To identify and determine the special benefit to be received by each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the planned improvements as well as individual property development within the District. Upon review of the proposed improvements it has been determined that each of the residential parcels within the District receives special benefits from the improvements to be funded by annual assessments and based on the planned property development a single zone of benefit is appropriate for the allocation of the assessments and proportional benefit. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1972 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single- family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non- residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. Single-family Residential — This land use is defined as a fully subdivided residential hom e site with or without a structure. This land use is assessed 1.00 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against regarding special benefit. Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has m ore than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or m obile hom e parks). Based on average population densities and size of the structure as com pared to a typical single-family residential unit, m ulti-fam ily residential parcels shall be proportionately assessed for the parcel’s total num ber of residential units utilizing a sliding benefit scale. Although m ulti-fam ily properties typically receive sim ilar benefits to that of a single-fam ily residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average m ulti-fam ily unit im pacts infrastructure approximately 75% as m uch as a single-fam ily residence (Sam ple Sources: Institute of Transportation Engineers Inform ational Report T rip Generation, Fifth Edition; Metcalf and Eddy, W astewater Engineering Treatm ent, Disposal, Reuse, Third Edition). These various studies indicate that m ost public im provem ents and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a sim ilar reduction in proportional benefit is appropriate. Furtherm ore, it is also reasonable to conclude that as the density (num ber of units) increases the proportional benefit per Page 69 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-4 Prepared by NBS – Fiscal Year 2016/17 unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential is best represented by the following special benefit assignm ent: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for rem aining units. Condominium/Tow n-home Units — Condom inium s and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-fam ily residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment num ber. However, condom inium s and town-hom es often have sim ilarities to m ulti-fam ily residential properties in that they are generally zoned medium to high density and in som e cases m ay involve m ultiple units on a single APN. In consideration of these factors it has been determined that an appropriate allocation of special benefit for condom inium s, town-hom es and sim ilar residential properties is best represented by an assignm ent of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustm ent for parcels with m ore than five units). Planned-Residential Development — This land use is defined as any property for which a tentative or final tract m ap has been filed and approved (a specific num ber of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and developm ent plan for the District. This land use classification often tim es involves more than a single parcel (e.g. the approved tract map encompasses m ore than a single APN). Each parcel that is part of the approved tract m ap shall be assessed proportionately for the proposed or estim ated residential type and units to be developed on that parcel as part of the approved tract m ap. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the developm ent of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-fam ily, condom inium , m ulti-fam ily units to be developed). Vacant Residential — This land use is defined as property currently zoned for residential developm ent, but a tentative or final tract m ap for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise m arket property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single-family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.00 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and tim ely utilization of vacant property is reduced as the size of the property increases, it has been determ ined that the maxim um EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in excess of 25 acres are assigned 25.00 EBU). Parcels less than one acre, shall be assigned a m inim um of 1.00 EBU (similar to a vacant lot within a residential tract). Exempt Parcels — T his land use identifies properties that are not assessed and are assigned 0.00 EBU. This land use classification m ay include but is not lim ited to:  Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County);  Dedicated public easements including open space areas, utility rights-of- way, greenbelts, parkways, parks or other publicly owned properties that are part of the District im provem ents or may provide other benefits to private properties within the District; Page 70 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-5 Prepared by NBS – Fiscal Year 2016/17  Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit from the improvements and are therefore exem pted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels’ current developm ent status. Governm ent owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessm ent unless it qualifies for an exempt status. Special Cases — In m any districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel m ay be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount Page 71 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 5-6 Prepared by NBS – Fiscal Year 2016/17 D. ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to future assessments and is generally defined:  If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment.  The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area from February to February. The Maximum Assessment rate was increased by 3.02% for fiscal year 2016/17. Beginning with the second fiscal year (fiscal year 2006/2007) and each fiscal year thereafter, the Maximum Assessment Rate is recalculated and a new Maximum Assessment Rate is established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI shall be based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or com parable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications are permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. Page 72 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 6-1 Prepared by NBS – Fiscal Year 2016/17 6. ASSESSMENT DIAGRAM The parcels within the Landscaping and Lighting District No. 01 (Apple Valley) consist of the lots, parcels and subdivisions of land located in the planned residential development known as Apple Valley, Tract 2495. The District covers approximately twenty-eight acres (28.35 acres) in the northern portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. Page 73 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero 7-1 Prepared by NBS – Fiscal Year 2016/17 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, right- of-ways, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. The following is a list of the parcels and assessment amounts for each of the parcels within the District as determined by the assessment rates and method of apportionment described herein. Page 74 ITEM NUMBER: A-3 DATE: 05/10/16 ATTACHMENT: 8 ITEM NUMBER: A-4 DATE: 05/10/16 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 2016/2017; 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 2016/2017, 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 2016/2017 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 2016/2017; 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 2016/2017. 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. Page 75 ITEM NUMBER: A-4 DATE: 05/10/16 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, 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 14, 2016, 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 2016/2017 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 requested an assessment of ab out 21% of the allowable maximum annual assessments for the Landscaping and Lighting District, and about 84% for the Street and Storm Drain District. FISCAL IMPACT: Annual assessments for 2016/2017 will total $40,090 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will Atascadero Street and Storm Drain Maintenance District No. 03 De Anza Estates - Single Family Residential 847.44$ 712.92$ Atascadero Landscaping and Lighting Maintenance District No. 03 De Anza Estates 1,215.14$ 250.00$ District Amount Per EBU Maximum Assessment Fiscal Year 2016-17 Amount Per EBU Proposed Assessment Fiscal Year 2016-17 Atascadero Street and Storm Drain Maintenance District No. 03 De Anza Estates - Senior Housing 685.45$ 574.78$ Page 76 ITEM NUMBER: A-4 DATE: 05/10/16 contribute $1,400 for the fiscal year 2016/2017 for half of the maintenance costs of the trails and open space. 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 2016/2017 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 2016/2017, 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 2016/2017 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 2016/2017 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 2016/2017 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 2016/2017 8. Engineer’s Report- for the levy and collection of fiscal year 2016/2017 assessments for Landscaping and Lighting District No. 03 (De Anza Estates) Page 77 ITEM NUMBER: A-4 DATE: 05/10/16 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 2016/2017 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 547 03 (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 Page 78 ITEM NUMBER: A-4 DATE: 05/10/16 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 Page 79 ITEM NUMBER: A-4 DATE: 05/10/16 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. Page 80 ITEM NUMBER: A-4 DATE: 05/10/16 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 2016/2017. 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 Page 81 ITEM NUMBER: A-4 DATE: 05/10/16 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 2016/2017, 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 2016/2017 (July 1, 2016 and ending June 30, 2017) 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 Page 82 ITEM NUMBER: A-4 DATE: 05/10/16 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 14, 2016 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 Page 83 Annual Engineer’s Report Street and Storm Drain Maintenance District No. 03 (De Anza Estates) City of Atascadero Fiscal Year 2016/17 Page 84 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 CITY OF ATASCADERO Street and Storm Drain Maintenance District No. 03 (De Anza Estates) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Tom O’Malley, Mayor Heather Moreno, Mayor Pro Tem Roberta Fonzi, Council Member Bob Kelley, Council Member Brian Sturtevant, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo, Senior Consultant Page 85 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero Table of Contents Prepared by NBS – Fiscal Year 2016/17 TABLE OF CONTENTS 1. ENGINEER’S LETTER 1-1 2. EXECUTIVE SUMMARY 2-1 3. PLANS AND SPECIFICATIONS 3-1 A. BENEFITING PROPERTIES WITHIN THE DISTRICT ................................. 3-1 B. FUNDING AUTHORIZED BY THE 1982 ACT ............................................... 3-1 C. DESCRIPTION OF IMPROVEMENTS AND SERVICES .............................. 3-1 4. ESTIMATE OF COSTS 4-1 5. METHOD OF ASSESSMENT 5-1 A. GENERAL .................................................................................................... 5-1 B. BENEFIT ANALYSIS .................................................................................... 5-1 C. ASSESSMENT METHODOLOGY ................................................................ 5-2 D. ASSESSMENT RANGE FORMULA ............................................................. 5-6 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 Page 86 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 1-1 Prepared by NBS – Fiscal Year 2016/17 1. ENGINEER’S LETTER WHEREAS, on August 9, 2005 by Resolution No. 2005-071, the City Council of the City of Atascadero (the ”City”), State of California, in accordance with and pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedura l requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), established the City of Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (the “District”); and WHEREAS, on May 10,2016, the City Council, under the 1982 Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the r eferenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2016/17: FY 2016/17 Summary of Assessment Description Zone A - Amount Zone B - Amount Total Amount Estimated Annual Costs $24,437 $31,923 $56,360 Capital Reserve Collection/(Uses) 15,597 12,601 28,198 Levy Adjustments (18,480) (25,988) (44,468) Balance to Levy $21,554 $18,536 $40,090 Fiscal Year 2016/17 Maximum Rate $685.45 $847.44 Fiscal Year 2016/17 Proposed Applied Rate $574.78 $712.92 Rates above are per Equivalent Benefit Unit. I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1982 Act. NBS Page 87 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 2-1 Prepared by NBS – Fiscal Year 2016/17 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), proposed to form and levy special benefit assessments for the district designated as: Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as De Anza Estates, Tract 2498 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2016/17. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the street and storm drain improvements and facilities associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements and facilities. The annual assessments described herein will provide a funding source for the continued operation and maintenance of streets, storm drain system and appurtenant facilities installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the streets and storm drain system that provides special benefits to properties within the District. The structure of the District (organization), the improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2498; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District’s formation, the City conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein; therefore, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. The assessments for fiscal year 2005/2006 were Page 88 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 2-2 Prepared by NBS – Fiscal Year 2016/17 submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, a Report shall be prepared and presented to the City Council describing any changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. Page 89 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 3-1 Prepared by NBS – Fiscal Year 2016/17 3. PLANS AND SPECIFICATIONS A. BENEFITING PROPERTIES WITHIN THE DISTRICT The territory within the District consists of the lots, parcels and subdivisions of land within the proposed residential subdivision known as the De Anza Estates, Tract 2498, which encompasses an area of land totaling approximately seventy-six acres (75.76 acres). This subdivision includes twenty-six (26) Single-Family Residential Units and sixty (60) Modified Housing/Senior Housing Units. The subdivision is situated in the northern portion of the City of Atascadero northeast of Highway 101 and is generally located:  At the North end of El Camino Real;  North and East of U.S. HWY 101; and,  South and West of the Salinas River. B. FUNDING AUTHORIZED BY THE 1982 ACT As generally defined by the Benefit Assessment Act of 1982 and applicable to this District, the City may impose a benefit assessment to finance the maintenance and operation costs of the following services: 1) Drainage and Flood Control; 2) Streets and Roads. In addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements, the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction or replacement of drainage and flood control facilities as well as the street and road improvements (with some limitations). While such activities are permitted under the 1982 Act, the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages, the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments would not be reasonable. If such funding becomes necessary, the City may present a new or increased assessment to the property owners to support the projects. C. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to fund the activities necessary to maintain and service the local streets and the drainage and flood control systems constructed and installed in connection with development of properties within the residential subdivision known as (De Anza Estates), Tract 2498 pursuant to approved development plans and agreements. The improvements may consist of all or a portion of the public streets, drainage and flood control facilities associated with Tract 2498 and the maintenance of these improvements may include but are not limited to the materials, equipment, labor, and incidental expenses deemed necessary to keep these improvements in satisfactory condition. The maintenance of the improvements and related activities shall be funded entirely or partially through the District assessments. The District improvements and services are generally described as:  Street maintenance that may include but is not limited to the repair and servicing of street surfaces, curbs, gutters, bridges, driveway approaches, sidewalks, barricades, delineation, signage or other facilities within the public street right-of-ways installed in connection with the development of properties in Tract 2498 and that have been dedicated to the City; Page 90 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 3-2 Prepared by NBS – Fiscal Year 2016/17  Storm drain and flood control maintenance that may include but is not limited to inspection, repair and servicing of drainage basins, inlets, catch basins, manholes, outlets, drywells, pumps, filters and storm drain pipes installed in connection with the development of properties of Tract 2498 as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties including waste water treatment;  The appurtenant, equipment, materials and service contracts related to the aforementioned improvements and facilities;  Specifically excluded are those improvements or facilities: located on private property or common areas; that may be provided or maintained by an agency other than the City; that may be provided by another assessment or tax levied by the City; or that may be provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. Street Maintenance The street maintenance program may include, but is not limited to: the repair of potholes, cracks or other failures in the asphalt surface; repair or replacement of curbs, gutters, driveway approaches and sidewalks as required as part of maintaining the streets; repair or installation of street signs, barricades, fencing or other delineation; mechanized sweeping and cleaning of the streets and gutters; slurry sealing, overlays and re- striping of the street surfaces. The specific activities and timing of various street and road maintenance services shall be determined by the City’s Public Works Department as necessary to extend the life of the streets or to improve traffic circulation and safety as available funding permits. Specifically the street improvements for this District are identified as:  Approximately 66,000 square feet of asphalt street surface located on the interior streets of the development identified as El Camino Real north of the Upper Bridge Crossing; Ferrocarril Road from the Graves Creek Bridge northeast to the end of Tract 2498; and De Anza Court.  Approximately 5,700 linear feet of curb and gutter along El Camino Real, Ferrocarril Road, and De Anza Court, 26 driveway approaches and various street signs within the District;  Two bridges identified as the Upper Bridge Crossing (located on El Camino Real at the entryway to the tract) and the Graves Creek Bridge (located on Ferrocarril Road located at the entryway to t he senior housing development);  Specifically not included as part of the street maintenance program are the costs associated with major replacements or reconstruction. Although the District assessments will provide funding for regular maintenance and servicing of the improvements that will extend the useful life of the street improvements, the assessments are not intended to fund major replacements or reconstruction of the street surfaces or adjacent improvements such as curbs, gutters or driveway approaches. The costs of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt; and replacement of curbs, gutters driveway approaches and sidewalks is significantly more than the amount that can reasonably be collected annually under the provisions of the 1982 Act. When such repairs or activities are deemed necessary, the City will consider various financing options including new or increased assessments for property owner approval. Also not included as part of the street maintenance program are the street improvements within the senior housing development (street improvements southwest of the Graves Creek Bridge). The street Page 91 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 3-3 Prepared by NBS – Fiscal Year 2016/17 improvements and facilities within the senior housing development shall be maintained and funded through a Homeowner’s Association or similar entity. The Public Works Department shall authorize the operational activities and maintenance of the public street and right-of-way improvements, facilities and services that may include, but are not limited to:  Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters;  Annual inspection of street surface and repair of potholes and surface cracks as needed;  Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once every five years);  Periodic re-striping of traffic lanes, bike lanes, street parking areas, crosswalks and intersections (typically in conjunction with slurry or overly activities);  Graffiti abatement of public improvements within the street right-of-ways that are maintained by the District including but not limited to sandblasting, repainting and repair of fences, walls, barricades, sidewalks and signage as needed;  Annual inspection and periodic repair or replacement of decorative street- pavers as needed;  Annual inspection and minor repairs of curbs, gutters, driveway approaches and sidewalks including partial segment replacements as needed to ensure pedestrian and vehicle safety or the integrity of the street;  Annual inspection and periodic repair or rehabilitation of street signs and traffic control devices;  Annual inspection and repair of barricades, street-fencing, delineation or retaining walls within the street right-of-ways as needed. A portion of the services described above are not performed on an annual basis but rather on a periodic basis, such as slurry sealing or overlaying the asphalt streets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent when sufficient funds have been accumulated to perform the services deemed necessary by the City (approximately every five years). This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. Storm Drain and Flood Control Maintenance The storm drain and flood control system associated with the District may include but is not limited to: drainage basins and bio-filters; channel ways; storm drain inlets, catch basins, manholes, outlets; drywells, pumps, filters and pipes. The storm drain system to be maintained primarily involves on-site facilities (within the District boundaries) but may also include off-site improvements such as water treatment equipment, facilities or services mandated or required by Federal, State or County regulations for water pollution control. The annual assessments for this District are intended to support a storm drain and flood control maintenance program that will adequately regulate and control storm water runoff resulting from the development of properties within the District. This maintenance program may include but is not limited to: inspection and documentation of the system; cleaning, servicing or repair of the facilities and equipment; and the partial replacement or rehabilitation of equipment and facilities. The storm drain and flood control system Page 92 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 3-4 Prepared by NBS – Fiscal Year 2016/17 includes but is not limited to:  A single drainage basin of approximately 9,000 square feet;  A total of approximately three (3) inlets, catch basins, manholes or outlets located within the single - family residential portion of Tract 2498;  Approximately 200 linear feet of 24 inch storm drain pipe. The Public Works Department shall authorize and schedule the operational activities and maintenance of the storm drain and storm water pollution treatment infrastructure, facilities and services that may include, but are not limited to:  Cleaning of storm drain inlets, catch basins, manholes and pipes as needed;  Stencil maintenance and documentation of facilities as required by Federal, State or County regulations;  Cleaning and landscape maintenance of the drainage basins, bio-filter areas or channel ways as needed;  Debris removal and pest control in and around the storm drain facilities as needed;  Minor repairs and maintenance of the storm drain inlets, catch basins and outlets as needed;  Street sweeping services necessary to control debris and water flow for the storm drain system; and,  The operational costs related to NPDES compliance requirements. A portion of the services described above are not performed on an annual basis but rather on a periodic basis such as minor repairs to the storm drain inlets, catch basins and outlets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City. This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. Page 93 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 4-1 Prepared by NBS – Fiscal Year 2016/17 4. ESTIMATE OF COSTS BUDGET FY 2016/17 Zone A (Senior Housing) Zone B (SF-Residential) Total Assessed DIRECT COSTS Street, Roads & Storm Drain Improvements Drainage Maintenance Services Street Sweeping Services $152 $248 $400 Inspection & Operational Services- Roads, Drainage 1,733 2,827 4,560 Inspection & Operational Services- Bridges 4,650 1,350 6,000 Total Annual Direct Costs $6,535 $4,425 $10,960 CAPITAL EXPENDITURES Special Project – Road Projects $15,202 $24,798 $40,000 Total Annual Capital Expenditures $15,202 $24,798 $40,000 ADMINISTRATION EXEPNSES City Annual Administration $800 $800 $1,600 Engineer's Report & Services 1,600 1,600 3,200 Public Noticing 300 300 600 Total Annual Administration Costs $2,700 $2,700 $5,400 TOTAL DIRECT & ADMINISTRATION COSTS $24,437 $31,923 $56,360 CAPITAL RESERVE COLLECTIONS/(USES) Collection for Street Surface Activities $5,603 $9,142 $14,745 Collection for Street Re-striping 30 49 79 Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 101 165 266 Collection for Debris Removal - 281 281 Collection for Bridges 9,863 2,863 12,726 Collection for Storm Drain Infrastructure - 101 101 Total Annual Capital Reserve Collections/(Uses) $15,597 $12,601 $28,198 LEVY ADJUSTMENTS Interest Income - Improvement Fund ($1,331) ($973) ($2,304) Interest Income - Operating Reserve Fund (314) (217) (531) Improvement Fund (Use) (15,202) (24,798) (40,000) Operating Reserve Fund Collection (Use) (1,633) 0 (1,633) Total Levy Adjustments (18,480) (25,988) (44,468) BALANCE TO LEVY $21,554 $18,536 $40,090 DISTRICT STATISTICS Total Parcels 61 28 Parcels Levied 60 26 Total EBU 37.5 26 Levy per EBU(1) $574.78 $712.92 Maximum Levy per EBU $685.45 $847.44 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $32,844 $50,628 $83,472 Operational Reserve Interest 314 512 826 Use of Operational Reserve Interest (314) (217) (531) Operational Reserve Collection (Use) (1,633) 0 (1,633) Ending Operating Reserve Balance $31,211 $50,923 82,134 Beginning Improvement Fund Balance $131,945 $109,015 $240,961 Improvement Fund Interest 1,331 973 2,304 Use of Improvement Fund Interest (1,331) (973) (2,304) Improvement Fund Collection (Use) 395 (12,197) (11,802) Ending Improvement Fund Balance $132,340 $96,818 229,159 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. Page 94 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 5-1 Prepared by NBS – Fiscal Year 2016/17 5. METHOD OF ASSESSMENT A. GENERAL The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation and servicing of drainage and flood control improvements as well as streets, roads and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”. Furthermore: “The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized … is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. B. BENEFIT ANALYSIS Each of the proposed improvements and services, and the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution. The street and storm drain improvements associated with this District were necessary and essential requirements for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such the ongoing operation, servicing and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner. Since each parcel to be assessed within the District could not have been developed in the absence of these improvements and facilities, each parcel has a direct investment in the proper maintenance of the improvements that is over and above any general benefits that may be conferred by such improvements and services. The ongoing maintenance and servicing of the District improvements is an integral part of the appearance, use and preservation of the properties within the District and such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels. The proper maintenance of streets and appurtenant facilities allows individual parcels to be used to their fullest extent by ensuring the safe and efficient movement of people and goods to and from the benefiting properties Likewise, the maintenance and servicing of the storm drain system ensures proper water flow and control of excess water during periods of rain, which is essential to preservation and protection of private property. Together the maintenance and servicing of the streets and storm drain system contributes to a specific enhancement of each of the parcels within the District and the absence of adequate maintenance and servicing of the District improvements could eventually have a negative impact on properties within the District. Page 95 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 5-2 Prepared by NBS – Fiscal Year 2016/17 Although the improvements may include public streets and storm drain facilities that connect to similar facilities outside the District boundaries, it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Any improvement or portion thereof (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However, the costs associated with installation or improvement of any off-site facilities that benefit the parcels within this District as well as other properties (shared benefit) may be allocated to the parcels within the District based on their proportional special benefit from such improvements. C. ASSESSMENT METHODOLOGY The costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District based on similarities and differences in parcel land use. Zones of Benefit: While it has been determined that the improvements to be maintained by the District are entirely a special benefit to properties within the District (No measurable general benefit), upon review of the various improvements, the location and need for such improvements and the proposed development of properties within the District it has been determined that the improvements and services that will benefit the single - family residential properties are not identical to the improvements and services that will benefit the senior housing development, although they do share in the benefit of some of the improvements. Therefore, it has been determined that two separate zones of benefit are required to appropriately allocate the costs of maintaining the improvements and establish proportional special benefit assessments. The properties associated with the senior housing development have been identified and designated as “Zone A”, and the single-family residential properties within Tract 2498 have been identified and designated as “Zone B” based on the improvements associated with those properties. Zone A (Senior Housing Portion of Tract 2498) — It has been determined that these properties benefit and shall proportionately share in the costs associated with maintaining and servicing the Upper Bridge Crossing, El Camino Real and the western portion of Ferrocarril Road leading into these properties. It has also been determined that the construction of the Graves Creek Bridge was only necessary for the development of these properties and therefore the cost to service and maintain this facility shall be entirely allocated to these properties. Conversely, the storm drain improvements that will be maintained by the City within Tract 2498 have been constructed as part of developing the twenty-six single-family residential properties and it has been determined that the senior housing properties do not receive direct and special benefit from those particular improvements. While these properties will not be assessed for the storm drain improvements, it should be noted that some storm drain facilities will be constructed as part of the Page 96 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 5-3 Prepared by NBS – Fiscal Year 2016/17 senior housing development; however these improvements are not included in this District and will be provided and maintained by a Homeowner’s Association or similar entity. Zone B (Single-Family Residential Portion of Tract 2498) — Along with the properties in Zone A, the single-family residential properties within Tract 2498 benefit and shall proportionately share in the costs associated with maintaining and servicing the Upper Bridge Crossing and El Camino Real. In addition, the overall development of these particular properties required the construction and installation of the street improvements on Ferrocarril Road and De Anza Court as well as the entire storm drain system to be maintained by the District. Therefore the cost of maintaining and servicing these particular improvements shall be budgeted and allocated proportionately to only those properties in Zone B. Conversely, the construction of the Graves Creek Bridge was only necessary for the development of the senior housing and the properties within Zone B will not share in the cost of maintaining this particular facility. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1982 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. EBU Application by Land Use: Single-family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”). Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or mobilehome parks). Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi- family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases, the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential property is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for the remaining units. Page 97 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 5-4 Prepared by NBS – Fiscal Year 2016/17 Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). Modified Housing/Senior Housing Units — Modified Housing or Senior Housing is generally defined as residential units that would typically be classified as Condominiums or Town-homes, but have specific deed restrictions that may limit the size or use of all units within the development. This classification is not applicable to individual single-family residential parcels unless all single-family residential parcels within that particular development or subdivision have the same restrictions. (For example: One or more single- family units within a subdivision that are deed restricted as “Affordable Housing” or “Senior Housing” does not qualify for this land use classification, unless all the units within that development have the same or similar deed restrictions.) Since this classification generally involves Condominium or Town-home type properties, that are generally assigned 0.75 EBU, it has been determined that an appropriate allocation of special benefit for modified housing units or senior housing units is best represented by an assignment of 0.625 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to a single APN. Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed). Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise market property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single- family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.0 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include but is not limited to:  Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); Page 98 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 5-5 Prepared by NBS – Fiscal Year 2016/17  Dedicated public easements including open space areas, utility rights-of- way, greenbelts, parkways, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.;  Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. Special Cases — In many districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount Page 99 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 5-6 Prepared by NBS – Fiscal Year 2016/17 D. ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to the future assessments and is generally defined:  If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment.  The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland- San Jose Area from February to February. Beginning with fiscal year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI shall be based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications is permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. Page 100 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 6-1 Prepared by NBS – Fiscal Year 2016/17 6. ASSESSMENT DIAGRAM The parcels within the Street and Storm Drain Maintenance District No. 03 (De Anza Estates) consist of the lots, parcels and subdivisions of land located in the residential development known as De Anza Estates, Tract 2498. The District covers approximately seventy-six acres (75.79 acres) in the northern portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. Page 101 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 03 (De Anza) Engineer’s Report – City of Atascadero 7-1 Prepared by NBS – Fiscal Year 2016/17 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, right-of-ways, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. Page 102 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 4 ITEM NUMBER: A-4 DATE: 05/10/16 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 2016/2017 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 Cl erk 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 Page 103 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 5 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 Page 104 ITEM NUMBER: A-4 DATE: 05/10/16 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 2016/2017 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 2016/2017. Page 105 ITEM NUMBER: A-4 DATE: 05/10/16 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 Page 106 ITEM NUMBER: A-4 DATE: 05/10/16 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 2016/2017 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 2016/2017 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 2016/2017 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 2016/2017. Page 107 ITEM NUMBER: A-4 DATE: 05/10/16 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 2016/2017, 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 14, 2016, 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. Page 108 ITEM NUMBER: A-4 DATE: 05/10/16 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 Page 109 Annual Engineer’s Report Landscaping and Lighting District No. 03 (De Anza Estates) City of Atascadero Fiscal Year 2016/17 Page 110 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 CITY OF ATASCADERO Landscaping & Lighting District No. 03 (De Anza Estates) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Tom O’Malley, Mayor Heather Moreno, Mayor Pro Tem Roberta Fonzi, Council Member Bob Kelley, Council Member Brian Sturtevant, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo, Senior Consultant Page 111 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero Table of Contents Prepared by NBS – Fiscal Year 2016/17 TABLE OF CONTENTS 1. ENGINEER’S LETTER 1-1 2. EXECUTIVE SUMMARY 2-1 3. PLANS AND SPECIFICATIONS 3-1 A. DESCRIPTION OF THE DISTRICT.............................................................. 3-1 B. IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT ...... 3-1 C. DESCRIPTION OF IMPROVEMENTS AND SERVICES .............................. 3-2 4. ESTIMATE OF COSTS 4-1 5. METHOD OF ASSESSMENT 5-1 A. GENERAL .................................................................................................... 5-1 B. BENEFIT ANALYSIS .................................................................................... 5-1 C. ASSESSMENT METHODOLOGY................................................................ 5-2 D. ASSESSMENT RANGE FORMULA ............................................................. 5-6 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 Page 112 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 1-1 Prepared by NBS – Fiscal Year 2016/17 1. ENGINEER’S LETTER WHEREAS, on August 9, 2005 by Resolution No. 2005-074, the City Council of the City of Atascadero (the “City”), State of California, in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500 (the “1972 Act”) established the City of Atascadero Landscaping and Lighting District No. 03 De Anza Estates (the “District”); and WHEREAS, on May 10, 2016, the City Council, under the 1972 Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2016/17: FY 2016/17 Budget Summary Description Total Costs Costs Not Assessed Proposed Assessment Total Benefit Units Maximum Rate Proposed Rate Per BU Annual Maintenance $23,104 $1,016 $22,088 Administration 7,000 0 7,000 Levy Adjustments (14,229) (1,016) (13,213) Total $15,875 $0 $15,875 63.5 $1,215.14 $250.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1972 Act. NBS Page 113 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 2-1 Prepared by NBS – Fiscal Year 2016/17 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as “Article XIIID”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), executed the proceedings required for the establishment of the special benefit assessment district designated as: Landscaping and Lighting District No. 03 (De Anza Estates) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as De Anza Estates, Tract 2498 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2016/17, as required pursuant to Chapter 1, Article 4 of the 1972 Act. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the landscaping and lighting improvements associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provisions of Article XIIID. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements. The annual assessments will provide a funding source for the continued operation and maintenance of public landscaping and lighting improvements installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The boundaries of the District, the proposed improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2498; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of the District formation, the City of Atascadero conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing on August 9, 2005 to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. Tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. Page 114 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 2-2 Prepared by NBS – Fiscal Year 2016/17 The assessments for fiscal year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, an Engineer’s Report shall be prepared and presented to the City Council describing the District any changes to the District or improvements and the proposed budget and assessments for that fiscal year and the City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed thro ugh another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. Page 115 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 3-1 Prepared by NBS – Fiscal Year 2016/17 3. PLANS AND SPECIFICATIONS A. DESCRIPTION OF THE DISTRICT The territory within the District consists of the lots, parcels and subdivisions of land within the proposed residential subdivision known as the De Anza Estates , Tract 2498, which encom passes an area of land totaling approximately seventy-six acres (75.76 acres). This subdivision is planned to include twenty-six (26) Single-Family Residential Units and sixty (60) Modified Housing/Senior Housing Units at build -out. The planned subdivision is situated in the northern portion of the City of Atascadero northeast of Highway 101 and is generally located:  At the North end of El Camino Real;  North and East of U.S. HWY 101; and,  South and West of the Salinas River. B. IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT As generally defined by the 1972 Act and applicable to this District, the improvements and associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not lim ited to street lights and traffic signals; 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the m aintenance or servicing thereof; 5) The installation of park or recreational im provem ents, including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b) Lights, playground equipm ent, play courts, and public restrooms. 6) The acquisition of land for park, recreational, or open-space purposes or any existing im provem ent otherwise authorized pursuant to this section. 7) The m aintenance or servicing, of any of the foregoing including the furnishing of services and m aterials for the ordinary and usual m aintenance, operation, and servicing of any im provem ent including but not limited to: a) Repair, removal, or replacem ent of all or any part of any im provem ents; b) Grading, clearing, rem oval of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) T he rem oval of trimmings, rubbish, debris, and other solid waste; e) T he cleaning, sandblasting, and painting of walls and other improvements to rem ove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other im provem ents; g) Water for the irrigation of any landscaping, the operation of any fountains, or the Page 116 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 3-2 Prepared by NBS – Fiscal Year 2016/17 maintenance of any other improvements. 8) Incidental expenses associated with the i m provem ents including, but not li m ited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; f) Costs associated with any elections held for the approval of a new or increased assessment. C. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to ensure the ongoing maintenance, operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District. The improvements may consist of all or a portion of the public landscaped areas, street lighting and appurtenant facilities within and adjacent to the District (Tract 2498). These improvements generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or 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 improvements to be maintained and funded entirely or partially through the District assessments are generally described as:  Streetscape landscaping including street trees located on the perimeter of the development and interior streets of Tract 2498 that are within the public right-of-ways or easements and dedicated to the City for maintenance;  Open space areas and fuel modification areas within or adjacent to the District boundaries;  Park areas, recreational equipm ent, trails and landscaped drainage facilities developed and constructed as part of developing properties within Tract 2498;  Public lighting facilities including street lighting, safety lighting and ornamental lighting installed as part of the residential developm ent or landscaped improvement areas;  Appurtenant facilities, equipment, m aterials and utilities related to the aforementioned improvements;  Specifically not included as District im provem ents are those im provem ents located on private property, improvements and facilities that may be provided or maintained by an agency other than the City; improvements and facilities that m ay be provide by another assessment or tax levied by the City or any improvement provided and m aintained by a Homeowner’s Association or sim ilar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public W orks and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. Page 117 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 3-3 Prepared by NBS – Fiscal Year 2016/17 Landscape Improvements The landscape improvements for the District may include, but are not limited to turf, ground cover, shrubs and plants, trees, irrigation and drainage systems, ornamental lighting, masonry walls or other fencing, hardscape improvements, monuments, and associated appurtenant facilities located within the landscape easements or public right-of-ways. Specifically the landscape improvement areas for this District are identified as:  Approximately 43,560 square feet of streetscape (parkway embankment) landscaping within the public right-of-ways located on El Camino Real within the boundaries of Tract 2498;  An estimated 150 trees, including trees within the landscaped area on El Camino Real, various trees within the open space area and the street trees within the street right -of-way on Ferrocarril Road;  Approximately 175,550 square feet (4.03 acres) of landscaped area in and around the two (2) drainage basins within Tract 2498;  Approximately fifty-one (51) acres of non-irrigated open space area;  Approximately 48,000 square feet of paved and unpaved trails; and 2,600 linear feet of steel rail fencing along the trail system and landscaped areas. Public Lighting Improvements The approved development plans for Tract 2498 do not include any proposed street light facilities. Page 118 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 4-1 Prepared by NBS – Fiscal Year 2016/17 4. ESTIMATE OF COSTS BUDGET Total Budget Costs Not Assessed Fiscal Year 2016/17 DIRECT COSTS Annual Maintenance Landscape Services $5,160 $708 $4,452 Landscape Supplies 840 - 840 Landscape Utilities 500 - 500 City Landscape Services 9,160 - 9,160 Maintenance 830 - 830 Special Projects - - - Total Annual Direct Costs $16,490 $708 $15,782 CAPITAL EXPENDITURES Special Projects $5,000 $ - $5,000 Total Annual Capital Expenditures $5,000 $ - $5,000 ADMINISTRATION EXEPNSES Annual Administration Expenses City Annual Administration $1,920 $ - $1,920 Engineer's Report & Services 4,380 - 4,380 Public Noticing 700 - 700 Total Annual Administration Costs $7,000 $ - $7,000 TOTAL DIRECT & ADMINISTRATION COSTS $28,490 $708 $27,782 CAPITAL RESERVE COLLECTIONS/(USES) Landscape Rehabilitation/Replacement $2,938 $ - $2,938 Trail & Pathway Rehabilitation/Replacement 1,000 500 500 Park & Open Space Rehabilitation/Replacement 707 - 707 Tree Rehabilitation/Replacement 1,207 - 1,207 Park Rehabilitation/Replacement 762 - 762 Reserve Collection (Use) (5,000) (192) (4,808) Total Annual Capital Reserve Collections/(Uses) $1,614 $308 $1,306 LEVY ADJUSTMENTS Interest Income - Improvement Fund ($647) $ - ($647) Interest Income - Operating Reserve Fund (363) - (363) Operating Reserve Fund Collection (Use) (13,219) (1,016) (12,203) Total Levy Adjustments ($14,229) ($1,016) ($13,213) BALANCE TO LEVY $15,875 $ - $15,875 DISTRICT STATISTICS Total Parcels 89 Parcels Levied 86 Total EBU 63.5 Levy per EBU(1) $250.00 Maximum Levy per EBU $1,215.14 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $73,448 Operational Reserve Interest 647 Use of Operational Reserve Interest (647) Operational Reserve Collection (Use) (12,203) Estimated Ending Operating Reserve Balance $61,245 Beginning Improvement Fund Balance $33,168 Improvement Fund Interest 363 Use of Improvement Fund Interest (363) Improvement Fund Collection (Use) 1,614 Estimated Ending Improvement Fund Balance $34,782 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. Page 119 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 5-1 Prepared by NBS – Fiscal Year 2016/17 5. METHOD OF ASSESSMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. B. BENEFIT ANALYSIS Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and Article XIIID. The improvements provided by this District and for which properties will be assessed have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such, these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District. Any improvement or portion thereof that is considered to be of general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within the District. Special Benefit The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting and well- maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically:  Enhanced desirability of properties through association with the improvements.  Im proved aesthetic appeal of properties providing a positive representation of the area and properties.  Enhanced adaptation of the urban environm ent within the natural environm ent from adequate green space and landscaping. Page 120 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 5-2 Prepared by NBS – Fiscal Year 2016/17  Environmental enhancement through im proved erosion resistance, dust and debris control, and fire prevention.  Increased sense of pride in ownership of property within the District resulting from well- maintained im provem ents associated with the properties.  Enhanced quality of life through well-maintained green space and landscaped areas.  Reduced crim inal activity and property-related crimes (especially vandalism ) against properties in the District through well-maintained surroundings and am enities including abatement of graffiti.  Enhanced environm ental quality of the parcels by m oderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting and other public lighting facilities are the convenience, safety, and security of property, improvements, and goods. Specifically:  Enhanced deterrence of crim e and the aid to police protection.  Increased nighttim e safety on roads, streets and public areas.  Im proved ability of pedestrians and motorists to see.  Im proved ingress and egress to property.  Reduced vandalism and other crim inal act and damage to im provem ents or property.  Im proved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit Upon reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing, constructing and maintaining such improvements, it is evident that the properties within the District receive special benefit from those improvements. While the District improvements clearly include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the landscaped areas, trails, detention basin as well as the need to increase maintenance activities within the open space areas resulted solely from the development of properties within the District and would otherwise not have been required nor necessarily desired by any properties or developments outside the District and any public access or use of the improvements by others is incidental. Therefore, it has been determined that these improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large. However, while this development has facilitated a need for increased maintenance of the open space area associated with Tract 2498, it is also recognized that land conservation and ensuring adequate open space areas within the City does have some indirect, but not quantifiable, benefit to the community at large. Therefore, while the entire cost to maintain the open space area as well as the Horse Arena facility have been incorporated into the Distric t budget, the annual cost to maintain the arena and a portion of the open space area are not included in the proposed special benefit assessments. Should the City require maintenance of these areas, the associated costs will be funded by other revenue sources available to the City. Page 121 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 5-3 Prepared by NBS – Fiscal Year 2016/17 C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of parcels within the District based on the parcel’s actual land use or proposed development. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. To identify and determine the special benefit to be received by each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the planned improvements as well as individual property development within the District. Upon review of the proposed improvements it has been determined that each of the residential parcels within the District receives special benefits from the improvements to be funded by annual assessments and based on the planned property development a single zone of benefit is appropriate for the allocation of the assessments and proportional benefit. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1972 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single- family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non- residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. Single-family Residential — This land use is defined as a fully subdivided residential hom e site with or without a structure. This land use is assessed 1.00 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against regarding special benefit. Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has m ore than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or m obile hom e parks). Based on average population densities and size of the structure as com pared to a typical single-family residential unit, m ulti-fam ily residential parcels shall be proportionately assessed for the parcel’s total num ber of residential units utilizing a sliding benefit scale. Although m ulti-fam ily properties typically receive sim ilar benefits to that of a single-fam ily residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average m ulti-fam ily unit im pacts infrastructure approximately 75% as m uch as a single-fam ily residence (Sam ple Sources: Institute of Transportation Engineers Inform ational Report T rip Generation, Fifth Edition; Metcalf and Eddy, W astewater Engineering Page 122 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 5-4 Prepared by NBS – Fiscal Year 2016/17 Treatm ent, Disposal, Reuse, Third Edition). These various studies indicate that m ost public im provem ents and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a sim ilar reduction in proportional benefit is appropriate. Furtherm ore, it is also reasonable to conclude that as the density (num ber of units) increases the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential is best represented by the following special benefit assignm ent: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for rem aining units. Condominium/Tow n-home Units — Condom inium s and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-fam ily residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment num ber. However, condom inium s and town-hom es often have sim ilarities to m ulti-fam ily residential properties in that they are generally zoned medium to high density and in som e cases m ay involve m ultiple units on a single APN. In consideration of these factors it has been determined that an appropriate allocation of special benefit for condom inium s, town-hom es and sim ilar residential properties is best represented by an assignm ent of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustm ent for parcels with m ore than five units). Modified Housing/Senior Housing Units — Modified Housing or Senior Housing is generally defined as residential units that would typically be classified as Condominiums or Town-homes, but have specific deed restrictions that may limit the size or use of all units within the development. This classification is not applicable to individual single-family residential parcels unless all single-family residential parcels within that particular development or subdivision have the same restrictions. (For example: One or more single-family units within a subdivision that are deed restricted as “Affordable Housing” or “Senior Housing” does not qualify for this land use classification, unless all the units within that development have the same or similar deed restrictions.) Since this classification generally involves Condominium or Town-home type properties, that are generally assigned 0.75 EBU, it has been determined that an appropriate allocation of special benefit for modified housing units or senior housing units is best represented by an assignment of 0.625 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to a single APN. Planned-Residential Development — This land use is defined as any property for which a tentative or final tract m ap has been filed and approved (a specific num ber of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and developm ent plan for the District. This land use classification often tim es involves more than a single parcel (e.g. the approved tract map encompasses m ore than a single APN). Each parcel that is part of the approved tract m ap shall be assessed proportionately for the proposed or estim ated residential type and units to be developed on that parcel as part of the approved tract m ap. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the developm ent of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-fam ily, condom inium , m ulti-fam ily units to be developed). Vacant Residential — This land use is defined as property currently zoned for residential developm ent, but a tentative or final tract m ap for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise m arket property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single-family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.00 EBU per acre (4 units per acre x Page 123 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 5-5 Prepared by NBS – Fiscal Year 2016/17 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and tim ely utilization of vacant property is reduced as the size of the property increases, it has been determ ined that the maxim um EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in excess of 25 acres are assigned 25.00 EBU). Parcels less than one acre, shall be assigned a m inim um of 1.00 EBU (similar to a vacant lot within a residential tract). Exempt Parcels — T his land use identifies properties that are not assessed and are assigned 0.00 EBU. This land use classification m ay include but is not lim ited to:  Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County);  Dedicated public easements including open space areas, utility rights-of- way, greenbelts, parkways, parks or other publicly owned properties that are part of the District im provem ents or may provide other benefits to private properties within the District;  Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit from the improvements and are therefore exem pted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels’ current developm ent status. Governm ent owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessm ent unless it qualifies for an exempt status. Special Cases — In m any districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel m ay be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel Page 124 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 5-6 Prepared by NBS – Fiscal Year 2016/17 The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount D. ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to future assessments and is generally defined:  If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment.  The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area from February to February. The Maximum Assessment rate was increased by 3.02% for fiscal year 2016/17. Beginning with the second fiscal year (fiscal year 2006/2007) and each fiscal year thereafter, the Maximum Assessment Rate is recalculated and a new Maximum Assessment Rate is established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI shall be based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or com parable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed Page 125 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 5-7 Prepared by NBS – Fiscal Year 2016/17 assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications are permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. Page 126 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 6-1 Prepared by NBS – Fiscal Year 2016/17 6. ASSESSMENT DIAGRAM The parcels within the Landscaping and Lighting District No. 03 De Anza Estates consist of the lots, parcels and subdivisions of land located in the planned residential development known as De Anza Estates, Tract 2498. The District covers approximately seventy-six acres (75.76 acres) in the northern portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. Page 127 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero 7-1 Prepared by NBS – Fiscal Year 2016/17 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, right- of-ways, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. The following is a list of the parcels and assessment amounts for each of the parcels within the District as determined by the assessment rates and method of apportionment described herein. Page 128 ITEM NUMBER: A-4 DATE: 05/10/16 ATTACHMENT: 8 ITEM NUMBER: A-5 DATE: 05/10/16 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 2016/2017; 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 2016/2017, 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 2016/2017 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 2016/2017; 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 2016/2017. 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 Page 129 ITEM NUMBER: A-5 DATE: 05/10/16 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, 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 14, 2016, 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 2016/2017 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 rec eive 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 15% 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 1,715.05$ 250.00$ District Amount Per EBU Maximum Assessment Fiscal Year 2016-17 Amount Per EBU Proposed Assessment Fiscal Year 2016-17 Atascadero Street and Storm Drain Maintenance District No. 02 Las Lomas 690.64$ 52.00$ Page 130 ITEM NUMBER: A-5 DATE: 05/10/16 FISCAL IMPACT: Annual assessments for 2016/2017 will total $12,051 for road/drainage system maintenance and $57,938 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Las Lomas (Woodridge). 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 2016/2017 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 2016/2017, 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 2016/2017 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 2016/2017 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 2016/2017 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 2016/2017 8. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2016/2017 assessments for Atascadero Landscaping and Lighting District No. 02 (Woodridge) Page 131 ITEM NUMBER: A-5 DATE: 05/10/16 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 2016/2017 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, Page 132 ITEM NUMBER: A-5 DATE: 05/10/16 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 Page 133 ITEM NUMBER: A-5 DATE: 05/10/16 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. Page 134 ITEM NUMBER: A-5 DATE: 05/10/16 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 2016/2017. 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 Page 135 ITEM NUMBER: A-5 DATE: 05/10/16 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 2016/2017, 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 2016/2017 (July 1, 2016 and ending June 30, 2017) 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, Page 136 ITEM NUMBER: A-5 DATE: 05/10/16 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 14 2016 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. Page 137 ITEM NUMBER: A-5 DATE: 05/10/16 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 Page 138 Annual Engineer’s Report Street and Storm Drain Maintenance District No. 02 (Las Lomas) City of Atascadero Fiscal Year 2016/17 Page 139 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 CITY OF ATASCADERO Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Tom O’Malley, Mayor Heather Moreno, Mayor Pro Tem Roberta Fonzi, Council Member Bob Kelley, Council Member Brian Sturtevant, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo, Senior Consultant Page 140 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of AtascaderoTable of Contents Prepared by NBS – Fiscal Year 2016/17 TABLE OF CONTENTS 1. ENGINEER’S LETTER 1-1 2. EXECUTIVE SUMMARY 2-1 3. PLANS AND SPECIFICATIONS 3-1 A. BENEFITING PROPERTIES WITHIN THE DISTRICT ................................. 3-1 B. FUNDING AUTHORIZED BY THE 1982 ACT ............................................... 3-1 C. DESCRIPTION OF IMPROVEMENTS AND SERVICES .............................. 3-1 4. ESTIMATE OF COSTS 4-1 5. METHOD OF ASSESSMENT 5-1 A. GENERAL .................................................................................................... 5-1 B. BENEFIT ANALYSIS .................................................................................... 5-1 C. ASSESSMENT METHODOLOGY ................................................................ 5-2 D. ASSESSMENT RANGE FORMULA ............................................................. 5-5 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 Page 141 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 1-1 Prepared by NBS – Fiscal Year 2016/17 1. ENGINEER’S LETTER WHEREAS, on March 24, 2005 by Resolution No. 2005-048, the City Council of the City of Atascadero (the ”City”), State of California, in accordance with and pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), established the City of Atascadero Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) (the “District”); and WHEREAS, on May 10, 2016, the City Council, under the 1982 Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for t he referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2016/17: FY 2016/17 Summary of Assessment Description Amount Estimated Annual Costs $32,070 Capital Reserve Collection/(Uses) 24,971 Levy Adjustments (44,990) Balance to Levy $12,051 Fiscal Year 2016/17 Maximum Rate $690.64 Fiscal Year 2016/17 Proposed Applied Rate $52.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1982 Act. NBS Page 142 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 2-1 Prepared by NBS – Fiscal Year 2016/17 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), proposed to form and levy special benefit assessments for the district designated as: Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Las Lomas (Woodridge), Tract 2525-1 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2016/17. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the street and storm drain improvements and facilities associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements and facilities. The annual assessments described herein will provide a funding source for the continued operation and maintenance of streets, storm drain system and appurtenant facilities installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the streets and storm drain system that provides special benefits to properties within the District. The structure of the District (organization), the improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2525-1; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District’s formation, the City conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein; therefore, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. The assessments for fiscal year 2005/2006 were Page 143 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 2-2 Prepared by NBS – Fiscal Year 2016/17 submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, a Report shall be prepared and presented to the City Council describing any changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. Page 144 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 3-1 Prepared by NBS – Fiscal Year 2016/17 3. PLANS AND SPECIFICATIONS A. BENEFITING PROPERTIES WITHIN THE DISTRICT The territory within the District consists of the lots, parcels and subdivisions of land within the proposed residential subdivision known as the Las Lomas (Woodridge), Tract 2525-1, which encompasses an area of land totaling approximately one hundred twenty-two acres (121.65 acres). This residential subdivision is planned to include one hundred forty-three (143) single-family residential units; thirty-five (35) condominium/senior housing units; and a single one hundred (100) unit multi-family residential project at build-out. Due to parcel splits the multi-family residential project is spread over three parcels. The planned subdivision is situated in the southeast portion of the City of Atascadero and is generally located:  South and east of Halcon Road;  East of Highway 101 and El Camino Real  South and west of the Southern Pacific Railroad Tracks; and  North of Salinas Road and Santa Cruz Road B. FUNDING AUTHORIZED BY THE 1982 ACT As generally defined by the Benefit Assessment Act of 1982 and applicable to this District, the City may impose a benefit assessment to finance the maintenance and operation costs of the following services: 1) Drainage and Flood Control; 2) Streets and Roads. In addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements, the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction or replacement of drainage and flood control facilities as well as the street and road improvements (with some limitations). While such activities are permitted under the 1982 Act, the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages, the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments would not be reasonable. If such funding becomes necessary, the City may present a new or increased assessment to the property owners to support the projects. C. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to fund the activities necessary to maintain and service the local streets and the drainage and flood control systems constructed and installed in connection with development of properties within the residential subdivision known as Las Lomas (Woodridge), Tract 2525-1 pursuant to approved development plans and agreements. The improvements may consist of all or a portion of the public streets, drainage and flood control facilities associated with Tract 2525-1 and the maintenance of these improvements may include but are not limited to the materials, equipment, labor, and incidental expenses deemed necessary to keep these improvements in satisfactory condition. The maintenance of the improvements and related activities shall be funded entirely or partially through the District assessments. Not all improvements have been fully accepted by the City. It is anticipated that will occur within the next fiscal year at which time the costs of maintenance for those improvements will be charged to the district. The District improvements and services are generally described as: Page 145 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 3-2 Prepared by NBS – Fiscal Year 2016/17  Street maintenance that may include but is not limited to the repair and servicing of street surfaces, curbs, gutters, bridges, driveway approaches, sidewalks, barricades, delineation, signage or other facilities within the public street right-of-ways installed in connection with the development of properties in Tract 2525-1 and that have been dedicated to the City;  Storm drain and flood control maintenance that may include but is not limited to inspection, repair and servicing of drainage basins, inlets, catch basins, manholes, outlets, drywells, pumps, filters and storm drain pipes installed in connection with the development of properties of Tract 2525-1 as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties including waste water treatment;  The appurtenant, equipment, materials and service contracts related to the aforementioned improvements and facilities;  Specifically excluded are those improvements or facilities: located on private property or common areas; that may be provided or maintained by an agency other than the City; that may be provided by another assessment or tax levied by the City; or that may be provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. Street Maintenance The street maintenance program may include, but is not limited to: the repair of potholes, cracks or other failures in the asphalt surface; repair or replacement of curbs, gutters, driveway approaches and sidewalks as required as part of maintaining the streets; repair or installation of street signs, barricades, fencing or other delineation; mechanized sweeping and cleaning of the streets and gutters; slurry sealing, overlays and re- striping of the street surfaces. The specific activities and timing of various street and road maintenance services shall be determined by the City’s Public Works Department as necessary to extend the life of the streets or to improve traffic circulation and safety as available funding permits. Specifically the street improvements for this District are identified as:  Approximately 290,610 square feet of asphalt street surface located on the various interior streets identified as Calle Milano, Eliano Street, Via Cielo, Avion Road, Alcotan Lane, and Azor Lane;  Approximately 13,750 linear feet of curb and gutter along Calle Milano, Eliano Street, Via Cielo, Avion Road, Alcotan Lane, and Azor Lane;  Approximately 1,480 linear feet of curb and gutter in and around the median islands on Calle Milano and at Via Cielo;  Approximately 145 driveway approaches, 45,264 square feet of sidewalks and various street signs within the District;  Specifically not included as part of the street maintenance program are the costs associated with major replacements or reconstruction. Although the District assessments will provide funding for regular maintenance and servicing of the improvements that will extend the useful life of the street improvements, the assessments are not intended to fund major replacements or reconstruction of Page 146 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 3-3 Prepared by NBS – Fiscal Year 2016/17 the street surfaces or adjacent improvements such as curbs, gutters or driveway approaches. The costs of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt; and replacement of curbs, gutters driveway approaches and sidewalks is significantly more than the amount that can reasonably be collected annually under the provisions of the 1982 Act. When such repairs or activities are deemed necessary, the City will consider various financing options including new or increased assessments for property owner approval. The Public Works Department shall authorize the operational activities and maintenance of the public street and right-of-way improvements, facilities and services that may include, but are not limited to:  Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters;  Annual inspection of street surface and repair of potholes and surface cracks as needed;  Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once every five years);  Periodic re-striping of traffic lanes, bike lanes, street parking areas, crosswalks and intersections (typically in conjunction with slurry or overly activities);  Graffiti abatement of public improvements within the street right-of-ways that are maintained by the District including but not limited to sandblasting, repainting and repair of fences, walls, barricades, sidewalks and signage as needed;  Annual inspection and periodic repair or replacement of decorative street- pavers as needed;  Annual inspection and minor repairs of curbs, gutters, driveway approaches and sidewalks including partial segment replacements as needed to ensure pedestrian and vehicle safety or the integrity of the street;  Annual inspection and periodic repair or rehabilitation of street signs and traffic control devices;  Annual inspection and repair of barricades, street-fencing, delineation or retaining walls within the street right-of-ways as needed. A portion of the services described above are not performed on an annual basis but rather on a periodic basis, such as slurry sealing or overlaying the asphalt streets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent when sufficient funds have been accumulated to perform the services deemed necessary by the City (approximately every five years). This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. Storm Drain and Flood Control Maintenance The storm drain and flood control system associated with the District may include but is not limited to: drainage basins and bio-filters; channel ways; storm drain inlets, catch basins, manholes, outlets; drywells, pumps, filters and pipes. The storm drain system to be maintained primarily involves on-site facilities (within the District boundaries) but may also include off-site improvements such as water treatment equipment, facilities or services mandated or required by Federal, State or County regulations for water pollution control. The annual assessments for this District are intended to support a storm drain and flood control Page 147 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 3-4 Prepared by NBS – Fiscal Year 2016/17 maintenance program that will adequately regulate and control storm water runoff resulting from the development of properties within the District. This maintenance program may include but is not limited to: inspection and documentation of the system; cleaning, servicing or repair of the facilities and equipment; and the partial replacement or rehabilitation of equipment and facilities. The storm drain and flood control system includes but is not limited to:  Approximately 175,550 square feet of drainage basin area;  Twenty-four (24) inlets, outlets and manholes located throughout Tract 2525-1;  Approximately 4,965 linear feet of storm drain pipe ranging from 18 inches to 36 inches in diameter. The Public Works Department shall authorize and schedule the operational activities and maintenance of the storm drain and storm water pollution treatment infrastructure, facilities and services that may include, but are not limited to:  Cleaning of storm drain inlets, catch basins, manholes and pipes as needed;  Stencil maintenance and documentation of facilities as required by Federal, State or County regulations;  Cleaning and landscape maintenance of the drainage basins, bio-filter areas or channel ways as needed;  Debris removal and pest control in and around the storm drain facilities as needed;  Minor repairs and maintenance of the storm drain inlets, catch basins and outlets as needed;  Street sweeping services necessary to control debris and water flow for the storm drain system; and,  The operational costs related to NPDES compliance requirements. A portion of the services described above are not performed on an annual basis but rather on a periodic basis such as minor repairs to the storm drain inlets, catch basins and outlets, and the funds necessary for these activities are collected in installments as part of the annual assessments. The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund). The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City. This process of accumulating funds (installments) shall continue until such time the District is dissolved; or the City determines that such funding procedures require modification. Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. Page 148 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 4-1 Prepared by NBS – Fiscal Year 2016/17 4. ESTIMATE OF COSTS BUDGET FY 2016/17 DIRECT COSTS Street, Roads & Storm Drain Improvements Drainage Maintenance Services $1,200 Inspection & Operational Services - Roads, Drainage 25,800 Total Annual Direct Costs $27,000 ADMINISTRATION EXEPNSES City Annual Administration $1,240 Engineer's Report & Services 3,030 Public Noticing 800 Total Annual Administration Costs $5,070 TOTAL DIRECT & ADMINISTRATION COSTS $32,070 CAPITAL RESERVE COLLECTIONS/(USES) Collection for Street Surface Activities $13,067 Collection for Street Re-striping 68 Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 233 Collection for Debris Removal 239 Collection for Maintenance and Inspections: Bridges 11,305 Collection for Storm Drain Infrastructure 59 Total Annual Capital Reserve Collections/(Uses) $24,971 LEVY ADJUSTMENTS Interest Income - Improvement Fund ($2,530) Interest Income - Operating Reserve Fund 0 Improvement Fund (Use) (26,887) Operating Reserve Fund Collection (Use) (15,573) Total Levy Adjustments ($44,990) BALANCE TO LEVY $12,051 DISTRICT STATISTICS Total Parcels 190 Parcels Levied 181 Total EBU 231.75 Levy per EBU(1) $52.00 Maximum Levy per EBU $690.64 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $15,573 Operational Reserve Interest 0 Use of Operational Reserve Interest 0 Operational Reserve Collection (Use) (15,573) Ending Operating Reserve Balance $0 Beginning Improvement Fund Balance $233,791 Improvement Fund Interest 2,530 Use of Improvement Fund Interest (2,530) Improvement Fund Collection (Use) (1,916) Ending Improvement Fund Balance $231,875 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. Page 149 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 5-1 Prepared by NBS – Fiscal Year 2016/17 5. METHOD OF ASSESSMENT A. GENERAL The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation and servicing of drainage and flood control improvements as well as streets, roads and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”. Furthermore: “The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized … is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. B. BENEFIT ANALYSIS Each of the proposed improvements and services, and the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution. The street and storm drain improvements associated with this District were necessary and essential requirements for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such the ongoing operation, servicing and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner. Since each parcel to be assessed within the District could not have been developed in the absence of these improvements and facilities, each parcel has a direct investment in the proper maintenance of the improvements that is over and above any general benefits that may be conferred by such improvements and services. The ongoing maintenance and servicing of the District improvements is an integral part of the appearance, use and preservation of the properties within the District and such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels. The proper maintenance of streets and appurtenant facilities allows individual parcels to be used to their fullest extent by ensuring the safe and efficient movement of people and goods to and from the benefiting properties Likewise, the maintenance and servicing of the storm drain system ensures proper water flow and control of excess water during periods of rain, which is essential to preservation and protection of private property. Together the maintenance and servicing of the streets and storm drain system contributes to a specific enhancement of each of the parcels within the District and the absence of adequate maintenance and servicing of the District improvements could eventually have a negative impact on properties within the District. Page 150 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 5-2 Prepared by NBS – Fiscal Year 2016/17 Although the improvements may include public streets and storm drain facilities that connect to similar facilities outside the District boundaries, it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Any improvement or portion thereof (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However, the costs associated with installation or improvement of any off-site facilities that benefit the parcels within this District as well as other properties (shared benefit) may be allocated to the parcels within the District based on their proportional special benefit from such improvements. C. ASSESSMENT METHODOLOGY The costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District based on similarities and differences in parcel land use. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1982 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. EBU Application by Land Use: Single-family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”). Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or mobilehome parks). Page 151 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 5-3 Prepared by NBS – Fiscal Year 2016/17 Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi- family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases, the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential property is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for the remaining units. Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed). Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise market property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single- family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.0 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). Page 152 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 5-4 Prepared by NBS – Fiscal Year 2016/17 Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include but is not limited to:  Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County);  Dedicated public easements including open space areas, utility rights-of- way, greenbelts, parkways, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.;  Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. Special Cases — In many districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Page 153 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 5-5 Prepared by NBS – Fiscal Year 2016/17 Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount D. ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to the future assessments and is generally defined:  If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment.  The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland- San Jose Area from February to February. Beginning with fiscal year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI shall be based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications is permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. Page 154 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 6-1 Prepared by NBS – Fiscal Year 2016/17 6. ASSESSMENT DIAGRAM The parcels within the Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) consist of the lots, parcels and subdivisions of land located in the residential development known as Las Lomas (Woodridge), Tract 2525-1. The District covers approximately one hundred twenty-two acres (121.65 acres) in the southeast portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. Page 155 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 Street & Storm Drain District No. 02 Las Lomas (Woodridge) Engineer’s Report – City of Atascadero 7-1 Prepared by NBS – Fiscal Year 2016/17 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, right-of-ways, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. Page 156 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 4 ITEM NUMBER: A-5 DATE: 05/10/16 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 2016/2017 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 Cl erk 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 Page 157 ITEM NUMBER: A-5 DATE: 05/10/16 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 Page 158 ITEM NUMBER: A-5 DATE: 05/10/16 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 2016/2017 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 2016/2017. 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. Page 159 ITEM NUMBER: A-5 DATE: 05/10/16 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 Page 160 ITEM NUMBER: A-5 DATE: 05/10/16 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 2016/2017 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 2016/2017 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 2016/2017 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 2016/2017. 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 Page 161 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 7 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 2016/2017, 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 14, 2016, 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. Page 162 ITEM NUMBER: A-5 DATE: 05/10/16 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 Page 163 Annual Engineer’s Report Landscaping and Lighting District No. 02 (Las Lomas) City of Atascadero Fiscal Year 2016/17 Page 164 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 CITY OF ATASCADERO Landscaping & Lighting District No. 02 Las Lomas (Woodridge) 6500 Palma Avenue Atascadero, CA 93422 Phone – (805) 461-5000 Fax – (805) 461-7612 CITY COUNCIL Tom O’Malley, Mayor Heather Moreno, Mayor Pro Tem Roberta Fonzi, Council Member Bob Kelley, Council Member Brian Sturtevant, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Cindy Chavez, Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo, Senior Consultant Page 165 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of AtascaderoTable of Contents Prepared by NBS – Fiscal Year 2016/17 TABLE OF CONTENTS 1. ENGINEER’S LETTER 1-1 2. EXECUTIVE SUMMARY 2-1 3. PLANS AND SPECIFICATIONS 3-1 A. DESCRIPTION OF THE DISTRICT.............................................................. 3-1 B. IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT ...... 3-1 C. DESCRIPTION OF IMPROVEMENTS AND SERVICES .............................. 3-2 4. ESTIMATE OF COSTS 4-1 5. METHOD OF ASSESSMENT 5-1 A. GENERAL .................................................................................................... 5-1 B. BENEFIT ANALYSIS .................................................................................... 5-1 C. ASSESSMENT METHODOLOGY................................................................ 5-3 D. ASSESSMENT RANGE FORMULA ............................................................. 5-6 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-1 Page 166 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 1-1 Prepared by NBS – Fiscal Year 2016/17 1. ENGINEER’S LETTER WHEREAS, on March 24, 2005 by Resolution No. 2005-051, the City Council of the City of Atascadero (the “City”), State of California, in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500 (the “1972 Act”) established the City of Atascadero Landscaping and Lighting District No. 02 Las Lomas (Woodridge) (the “District”); and WHEREAS, on May 10, 2016 the City Council, under the 1972 Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District; and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year; a diagram for the District, showing the area and properties to be assessed; and an assessment of the estimated costs of the administration, maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received. The following table summarizes the proposed assessment for Fiscal Year 2016/17: FY 2016/17 Budget Summary Description Total Costs Costs Not Assessed Proposed Assessment Total Benefit Units Maximum Rate Proposed Rate Per BU Annual Maintenance $78,000 $2,261 $75,989 Administration 5,830 0 5,830 Levy Adjustments (25,893) (2,261) (23,882) Total $57,937 $0 $57,937 231.75 $1,715.05 $250.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1972 Act. NBS Page 167 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 2-1 Prepared by NBS – Fiscal Year 2016/17 2. EXECUTIVE SUMMARY Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as “Article XIIID”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), executed the proceedings required for the establishment of the special benefit assessment district designated as: Landscaping and Lighting District No. 02 Las Lomas (Woodridge) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Las Lomas (Woodridge), Tract 2525-1 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2016/17, as required pursuant to Chapter 1, Article 4 of the 1972 Act. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the landscaping and lighting improvements associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provisions of Article XIIID. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements. The annual assessments will provide a funding source for the continued operation and maintenance of public landscaping and lighting improvements installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The boundaries of the District, the proposed improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2525-1; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of the District formation, the City of Atascadero conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing on May 24, 2005 to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. Tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. Page 168 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 2-2 Prepared by NBS – Fiscal Year 2016/17 The assessments for fiscal year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, an Engineer’s Report shall be prepared and presented to the City Council describing the District any changes to the District or improvements and the proposed budget and assessments for that fiscal year and the City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. Page 169 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 3-1 Prepared by NBS – Fiscal Year 2016/17 3. PLANS AND SPECIFICATIONS A. DESCRIPTION OF THE DISTRICT The territory within the District consists of the lots, parcels and subdivisions of land within the proposed residential subdivision known as the Las Lomas (Woodridge), Tract 2525-1, which encom passes an area of land totaling approximately one hundred twenty-two acres (121.65 acres). This residential subdivision is planned to include one hundred forty -four (144) single-family residential units; thirty-five (35) condominium/s enior housing units; and a single one hundred (100) unit multi-family residential project at build -out. Due to parcel splits the multi -family residential project is spread over three parcels. The planned subdivision is situated in the southeast portion of the City of Atascadero and is generally located:  South and east of Halcon Road;  East of Highway 101 and El Camino Real  South and west of the Southern Pacific Railroad Tracks; and  North of Salinas Road and Santa Cruz Road B. IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT As generally defined by the 1972 Act and applicable to this District, the improvements and associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not lim ited to street lights and traffic signals; 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the m aintenance or servicing thereof; 5) The installation of park or recreational im provem ents, including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. b) Lights, playground equipm ent, play courts, and public restrooms. 6) The acquisition of land for park, recreational, or open-space purposes or any existing im provem ent otherwise authorized pursuant to this section. 7) The m aintenance or servicing, of any of the foregoing including the furnishing of services and m aterials for the ordinary and usual m aintenance, operation, and servicing of any im provem ent including but not limited to: a) Repair, removal, or replacem ent of all or any part of any im provem ents; b) Grading, clearing, rem oval of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) T he rem oval of trimmings, rubbish, debris, and other solid waste; e) T he cleaning, sandblasting, and painting of walls and other improvements to rem ove or cover graffiti; Page 170 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 3-2 Prepared by NBS – Fiscal Year 2016/17 f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other im provem ents; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 8) Incidental expenses associated with the i m provem ents including, but not li m ited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; f) Costs associated with any elections held for the approval of a new or increased assessment. C. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to ensure the ongoing maintenance, operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District. The improvements may consist of all or a portion of the public landscaped areas, street lighting and appurtenant facilities within and adjacent to the District (Tract 2525-1). These improvements generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or 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 improvements to be maintained and funded entirely or partially through the District assessments are generally described as:  Streetscape landscaping including street trees located on the perimeter of the development and interior streets of Tract 2525-1 that are within the public right-of-ways or easements and dedicated to the City for maintenance;  Open space areas and fuel modification areas within or adjacent to the District boundaries;  Park areas, recreational equipm ent, trails and landscaped drainage facilities developed and constructed as part of developing properties within Tract 2525-1;  Public lighting facilities including street lighting, safety lighting and ornamental lighting installed as part of the residential developm ent or landscaped improvement areas;  Appurtenant facilities, equipment, m aterials and utilities related to the aforementioned improvements;  Specifically not included as District im provem ents are those im provem ents located on private property, improvements and facilities that may be provided or maintained by an agency other than the City; improvements and facilities that m ay be provide by another assessment or tax levied by the City or any improvement provided and m aintained by a Homeowner’s Association or sim ilar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public W orks and by reference are made part of this Report. Those portions of the District improvements that may be identified as general Page 171 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 3-3 Prepared by NBS – Fiscal Year 2016/17 benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements, will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. Landscape Improvements The landscape improvements for the District may include, but are not limited to turf, ground cover, shrubs and plants, trees, irrigation and drainage systems, ornamental lighting, masonry walls or other fencing, hardscape improvements, monuments, and associated appurtenant facilities located within the landscape easements or public right-of-ways. Specifically the landscape improvement areas for this District are identified as:  Approximately 34,420 square feet of streetscape landscaping and trees within the public right - of-ways along or adjacent to Halcon Road, Calle Milano, Via Cielo and Eliano Street including but not limited to approximately 27,200 square feet of parkway landscaping and 7,220 square feet of median landscaping;  Approximately 220,850 square feet (5.07 acres) of landscaped slope areas within the District boundaries and adjacent to the residential properties, open space areas, drainage basins an d streets of Tract 2525-1;  Approximately 175,550 square feet (4.03 acres) of landscaped area in and around the two (2) drainage basins within Tract 2525-1;  Approximately 106,460 square feet of non-irrigated open space area within the District;  Approximately 1,981,980 square feet of non-irrigated open space area within the boundaries of the District associated with the development of the residential properties within Tract 2525-1;  Approximately 225 street trees located within the public right-of-ways of the streets within Tract 2525-1 including but not limited to Calle Milano, Via Cielo, Eliano Street, Avion Road, Azor Lane and Alcotan Lane;  Approximately 1,910 square feet of paths and trails, 45,265 square feet sidewalks and 6,100 linear feet of fencing within and adjacent to the various landscape improvement areas. Public Lighting Improvements The lighting improvements may include but are not limited to the cost of providing electrical energy and servicing of lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with:  There are five (5) public streetlights currently planned for Tract 2525-1. These streetlights are located on Calle Milano between Halcon Road and Eliano Street (The entryway to the residential properties within the District);  Lighting facilities may also include but are not limited to safety lights, security lights or ornamental lights located within the various landscape improvement areas installed as part of the District’s landscape im provements. Page 172 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 4-1 Prepared by NBS – Fiscal Year 2016/17 4. ESTIMATE OF COSTS BUDGET Total Budget Costs Not Assessed Fiscal Year 2016/17 DIRECT COSTS Annual Maintenance Landscape Services $41,980 $1,611 $40,369 Landscape Supplies 6,800 - 6,800 Landscape Utilities 5,160 400 4,760 City Landscape Services 13,690 - 13,690 Maintenance 4,870 - 4,870 Special Projects 500 - 500 Total Annual Direct Costs $73,000 $2,011 $70,989 CAPITAL EXPENDITURES Special Projects – Landscape and Planting $5,000 $ - $5,000 Total Annual Capital Expenditures $5,000 $ - $5,000 ADMINISTRATION EXEPNSES Annual Administration Expenses City Annual Administration $1,280 $ - $1,280 Engineer's Report & Services 3,850 - 3,850 Public Noticing 700 - 700 Total Annual Administration Costs $5,830 $ - $5,830 TOTAL DIRECT & ADMINISTRATION COSTS $83,830 $2,011 $81,819 CAPITAL RESERVE COLLECTIONS/(USES) Landscape Rehabilitation/Replacement $3,128 $ - $3,128 Median Rehabilitation/Replacement 138 - 138 Open Space Rehabilitation/Replacement 1,000 250 750 Tree Rehabilitation/Replacement 5,806 - 5,806 Slope Rehabilitation/Replacement 3,754 - 3,754 Other Rehabilitation/Replacement 741 - 741 Use of Reserves (5,000) - (5,000) Total Annual Capital Reserve Collections/(Uses) $9,567 $250 $9,317 LEVY ADJUSTMENTS Interest Income - Improvement Fund ($769) $ 0 ($769) Interest Income - Operating Reserve Fund (396) (5) (391) Operating Reserve Fund Collection (Use) (34,295) (2,256) (32,039) Total Levy Adjustments ($35,460) ($2,261) ($33,199) BALANCE TO LEVY $57,938 $ 0 $57,938 DISTRICT STATISTICS Total Parcels 190 Parcels Levied 181 Total EBU 231.75 Levy per EBU(1) $250.00 Maximum Levy per EBU $1,715.05 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $2,715 $72,002 Operational Reserve Interest 5 391 Use of Operational Reserve Interest (5) (391) Operational Reserve Collection (Use) (2,256) (32,039) Estimated Ending Operating Reserve Balance $459 $39,963 Beginning Improvement Fund Balance $67,949 Improvement Fund Interest 769 Use of Improvement Fund Interest (769) Improvement Fund Collection (Use) 9,567 Estimated Ending Improvement Fund Balance $77,516 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. Page 173 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 5-1 Prepared by NBS – Fiscal Year 2016/17 5. METHOD OF ASSESSMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. B. BENEFIT ANALYSIS Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and Article XIIID. The improvements provided by this District and for which properties will be assessed have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such, these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District. Any improvement or portion thereof that is considered to be of general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within the District. Special Benefit The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting and well- maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically:  Enhanced desirability of properties through association with the improvements.  Im proved aesthetic appeal of properties providing a positive representation of the area and properties.  Enhanced adaptation of the urban environm ent within the natural environm ent from adequate green space and landscaping. Page 174 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 5-2 Prepared by NBS – Fiscal Year 2016/17  Environmental enhancement through im proved erosion resistance, dust and debris control, and fire prevention.  Increased sense of pride in ownership of property within the District resulting from well- maintained im provem ents associated with the properties.  Enhanced quality of life through well-maintained green space and landscaped areas.  Reduced crim inal activity and property-related crimes (especially vandalism ) against properties in the District through well-maintained surroundings and am enities including abatement of graffiti.  Enhanced environm ental quality of the parcels by m oderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting and other public lighting facilities are the convenience, safety, and security of property, improvements, and goods. Specifically:  Enhanced deterrence of crim e and the aid to police protection.  Increased nighttim e safety on roads, streets and public areas.  Im proved ability of pedestrians and motorists to see.  Im proved ingress and egress to property.  Reduced vandalism and other crim inal act and damage to im provem ents or property.  Im proved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly effect the properties within the District. Although the improvements include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the construction and installation of these improvements (except portions of the open space areas) were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. With respect to the open space areas, these areas are an integral part of property development within the District and clearly provide a direct and special benefit those properties. However, it is also recognized that the majority of this open space area is located on the perimeter of the District and is directly accessible from surrounding properties and the public at large. Therefore it has been determined that up to twenty-five percent (25%) of the costs to maintain this area shall be allocated as general benefit and not assessed as part of the District’s special benefit assessments. Page 175 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 5-3 Prepared by NBS – Fiscal Year 2016/17 C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of parcels within the District based on the parcel’s actual land use or proposed development. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. To identify and determine the special benefit to be received by each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the planned improvements as well as individual property development within the District. Upon review of the proposed improvements it has been determined that each of the residential parcels within the District receives special benefits from the improvements to be funded by annual assessments and based on the planned property development a single zone of benefit is appropriate for the allocation of the assessments and proportional benefit. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1972 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit methodology that uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single- family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non- residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. Single-family Residential — This land use is defined as a fully subdivided residential hom e site with or without a structure. This land use is assessed 1.00 EBU per lot or parcel. This is the base value that the other properties are compared and weighted against regarding special benefit. Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has m ore than one residential unit developed on the property. (This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or m obile hom e parks). Based on average population densities and size of the structure as com pared to a typical single-family residential unit, m ulti-fam ily residential parcels shall be proportionately assessed for the parcel’s total num ber of residential units utilizing a sliding benefit scale. Although m ulti-fam ily properties typically receive sim ilar benefits to that of a single-fam ily residential, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average m ulti-fam ily unit im pacts infrastructure approximately 75% as m uch as a single-fam ily residence (Sam ple Sources: Institute of Transportation Engineers Inform ational Report T rip Generation, Fifth Edition; Metcalf and Eddy, W astewater Engineering Page 176 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 5-4 Prepared by NBS – Fiscal Year 2016/17 Treatm ent, Disposal, Reuse, Third Edition). These various studies indicate that m ost public im provem ents and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a sim ilar reduction in proportional benefit is appropriate. Furtherm ore, it is also reasonable to conclude that as the density (num ber of units) increases the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single- family residential is best represented by the following special benefit assignm ent: 0.75 EBU per unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for rem aining units. Condominium/Tow n-home Units — Condom inium s and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-fam ily residential properties, these properties are not usually considered rental property and generally, the County assigns each unit a separate APN or assessment num ber. However, condom inium s and town-hom es often have sim ilarities to m ulti-fam ily residential properties in that they are generally zoned medium to high density and in som e cases m ay involve m ultiple units on a single APN. In consideration of these factors it has been determined that an appropriate allocation of special benefit for condom inium s, town-hom es and sim ilar residential properties is best represented by an assignm ent of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustm ent for parcels with m ore than five units). Planned-Residential Development — This land use is defined as any property for which a tentative or final tract m ap has been filed and approved (a specific num ber of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and developm ent plan for the District. This land use classification often tim es involves more than a single parcel (e.g. the approved tract map encompasses m ore than a single APN). Each parcel that is part of the approved tract m ap shall be assessed proportionately for the proposed or estim ated residential type and units to be developed on that parcel as part of the approved tract m ap. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the developm ent of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-fam ily, condom inium , m ulti-fam ily units to be developed). Vacant Residential — This land use is defined as property currently zoned for residential developm ent, but a tentative or final tract m ap for the property has not yet been approved. Based upon the opinions of professional appraisers who appraise m arket property values for real estate in California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit, this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single-family residential units typically developed per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.00 EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for vacant residential properties. Recognizing that the full and tim ely utilization of vacant property is reduced as the size of the property increases, it has been determ ined that the maxim um EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in excess of 25 acres are assigned 25.00 EBU). Parcels less than one acre, shall be assigned a m inim um of 1.00 EBU (similar to a vacant lot within a residential tract). Exempt Parcels — T his land use identifies properties that are not assessed and are assigned 0.00 EBU. This land use classification m ay include but is not lim ited to:  Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); Page 177 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 5-5 Prepared by NBS – Fiscal Year 2016/17  Dedicated public easements including open space areas, utility rights-of- way, greenbelts, parkways, parks or other publicly owned properties that are part of the District im provem ents or may provide other benefits to private properties within the District;  Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit from the improvements and are therefore exem pted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels’ current developm ent status. Governm ent owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessm ent unless it qualifies for an exempt status. Special Cases — In m any districts where multiple land use classifications are involved, there are usually one or more properties for which the standard land use classifications do not accurately identify the special benefits received from the improvements. For example, a parcel m ay be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s) is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount Page 178 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 5-6 Prepared by NBS – Fiscal Year 2016/17 D. ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to future assessments and is generally defined:  If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment.  The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-San Jose Area from February to February. The Maximum Assessment rate was increased by 3.02% for fiscal year 2016/17. Beginning with the second fiscal year (fiscal year 2006/2007) and each fiscal year thereafter, the Maximum Assessment Rate is recalculated and a new Maximum Assessment Rate is established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI shall be based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or com parable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classifications are permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. Page 179 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 6-1 Prepared by NBS – Fiscal Year 2016/17 6. ASSESSMENT DIAGRAM The parcels within the Landscaping and Lighting District No. 02 Las Lomas (Woodridge) consist of the lots, parcels and subdivisions of land located in the planned residential development known as Las Lomas (Woodridge), Tract 2525-1. The District covers approximately one hundred twenty-two acres (121.65 acres) in the southeast portion of the City of Atascadero. The following map is based on the District Diagram, the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the parcels of land within the proposed District, as the same existed at the time the District was formed. The combination of the District Diagram on file with the City Clerk and the Assessment Roll contained in this Report constitute the District Assessment Diagram. Page 180 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 Landscaping & Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero 7-1 Prepared by NBS – Fiscal Year 2016/17 7. ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, right- of-ways, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that can not be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. The following is a list of the parcels and assessment amounts for each of the parcels within the District as determined by the assessment rates and method of apportionment described herein. Page 181 ITEM NUMBER: A-5 DATE: 05/10/16 ATTACHMENT: 8 ITEM NUMBER: A-6 DATE: 05/10/16 Atascadero City Council Staff Report – Police Department School Resource Officer (SRO) and Police Personnel RECOMMENDATIONS: Council: 1. Authorize the City Manager to sign a Memorandum of Understanding with the Atascadero Unified School District for the implementation of a School Resource Officer position at Atascadero City Schools; and 2. Concur with the addition of one Community Services Officer position to the 2016- 2017 budget; and 3. Concur with the reclassification of one Police Corporal position to a Police Sergeant position. DISCUSSION: Background: The Atascadero Unified School District (AUSD) recently approached the Atascadero Police Department to request the Department provide the services of a School Resource Officer as part of an ongoing partnership to address safety concerns on school campuses within the City limits. The AUSD currently contracts with the San Luis Obispo County Probation Department to provide some law enforcement services on their campuses. The Atascadero Police Department and AUSD personnel have worked together to determine whether such a partnership would be beneficial to both parties. The AUSD requested that the Atascadero Police Department provide a sworn police officer as a SRO for those days when school is in sessi on, approximately 180 days of the year. In return the AUSD has offered to pay the City of Atascadero $80,000 per year. A Memorandum of Understanding (MOU) has been prepared in cooperation with the AUSD outlining the roles and responsibilities of the SRO. The initial term of the MOU is two years, with the anticipation that the relationship between AUSD and the Atascadero Police Department would extend beyond that time. Page 182 ITEM NUMBER: A-6 DATE: 05/10/16 The SRO would primarily be assigned to the Atascadero High School Campus, but would interact with all of the AUSD campuses within the city limits. The primary focus of responsibility for the SRO would be law enforcement services. The SRO would not routinely be involved in truancy issues and would not take part in school discipline. By mutual agreement of the AUSD and the Atascadero Police Department, the SRO would implement programs such as Teen Court or Restorative Justice. These types of programs focus on early intervention with youthful offenders as a means of keeping them out of the criminal justice system. The partnership with the AUSD would also provide a means of addressing several of the areas of concern previously identified through the Department’s strategic planning process. The Atascadero Police Department staff has engaged in strategic planning during the past couple of years as part of an ongoing effort to determine the future needs of the Department. The primary question the Department seeks to answer is how it can continue to provide enhanced police services to the community in a premier manner. During those planning sessions, several areas of concern were identified as potential impediments to this goal:  With the City’s growing population, the Department needs to find ways to increase proactive patrol time in order to maintain the quality police services that we enjoy today.  Sworn officers have steadily increased their administrative workload to the point that their time spent in the field has been greatly reduced. This has reduced the amount of time spent on proactive patrol in the community by sworn police officers. This has also reduced the effectiveness of the supervisors in mentoring and evaluating their direct reports.  There is greater concern for the safety of the children in our community at our school sites. This has been highlighted by several recent high profile incidents.  There is an enhanced concern about property crimes occurring in the community as a result of prison realignment and Proposition 47 impacts. In part to address some of the needs outlined above, an additional (29th) officer position was added to the budget effective July 1, 2016. This officer position , funded through the Community Facilities District (CFD), was added in an effort to get more officers out on the street doing proactive patrol. While the addition of one officer during one shift would help with patrol on the one shift the officer was assigned to, it did not necessarily help with other shifts. The needs of the community continue to change as the community grows and crime trends evolve. In order to remain a premier law enforcement agency, the Department must continue to develop new priorities and methods of responding to the needs of the Page 183 ITEM NUMBER: A-6 DATE: 05/10/16 community. With the interest from the School District in contracting for a School Resource Officer for part of the year, staff looked to see if there was a better way to use existing funding to provide more proactive patrol time for all shifts. The Department arrived at a solution that increases patrol time and fills gaps for t he entire department. 1. Continue to hire the 29th sworn officer (funded in part by school district and in part by CFD) 2. Reclassify a Corporal position to an Administrative Sergeant position (funded by CFD) 3. Hire a Community Services Officer (funded by CFD) 29th Officer: Under this agreement the SRO program would be implemented as of July 1, 2016. This brings the number of fully sworn police officers to 29. Under the MOU, the AUSD would help to fund the SRO position by paying the City $80,000 per year. Because the school district does need the officer during the times that school is out, the remaining cost of the new sworn officer position would come from CFD funds, approximately $12,360 in year one. The SRO would be chosen from the Atascadero Police Department contingent of 29 sworn Police Officers. The SRO would handle all calls for service occurring on or around local area school campuses, including traffic complaints, suspicious person complaints, trespassing, narcotics usage and weapons complaints. T his would free up officers assigned to patrol to engage in proactive enforcement. The SRO would also remain available for high risk incidents throughout the City during their assigned shift. During those times when school is not in session such as during summer break, the position would be utilized for vacation coverage and minimum staffing coverage. Administrative Sergeant: The Administrative Sergeant position would be implemented by promoting a Corporal to the rank of Sergeant through a closed promo tional process. The Administrative Sergeant would take on a number of duties and responsibilities that are currently administered by patrol sergeants. Some of the duties which would be turned over to the Administrative Sergeant include: Internal Affairs and Complaints Training Coordinator Fleet Maintenance Radio System Oversight Crime Free Multi Housing Coordinator Special Enforcement Detail (SED) Supervisor Volunteer Coordinator Special Events Coordinator Public Information Officer Recruitment Page 184 ITEM NUMBER: A-6 DATE: 05/10/16 Consolidating these administrative functions into one position, will greatly reduce the amount of time corporals will need to spend in the office and increase the amount of corporal time spent in the field. The promotion of a Police Corporal to the rank of Sergeant will result in the expenditure of $22,000 in CFD funds. Community Services Officer: In addition to the Administrative Sergeant, the formation of a Community Services Officer position would also have a direct impact on the service level to the community. Community Services Officers are able to perform a wide range of police functions without the need for a fully sworn police officer. This enables the sworn police staff to engage in proactive enforcement responsibilities, effectively putting more officers “on the street”. The formation of the Community Services Officer position is in keeping with industry standards throughout the state. Smaller departments, like the Paso Robles Police Department locally, and larger departments, like the San Jose Police Department, have recently implemented the use of Community Services Officers. Some of the job functions of Community Services Officers include: Cold Crime Reports Non-injury traffic reports Traffic Control Vehicle Towing Barking Dog Complaints Extra Patrol Requests Parking Enforcement Municipal Code Enforcement Evidence Collection The formation of a full-time Community Services Officer position would result in the expenditure of $58,000 in CFD funds. Conclusion: The partnership between the AUSD and the Atascadero Police Department would be a benefit to both entities. The primary benefit would be the enhanced safety of the school environment for our children. Given the rise of violent incidents on school campuses nationwide, the implementation of the SRO program is beneficial and timely. In addition to having a net effect of giving supervisors more time to engage in patrol duties, the formation of the Administrative Sergeant position would have the added benefit of creating another rotational assignment for the supervisory rank and providing career enhancement for Department personnel. The implementation of the Community Services Officer position enables sworn police officers to engage in more proactive enforcement duties. Proactive enforcement has the net effect of lowering crime rates and ensuring the safety of our communities. Page 185 ITEM NUMBER: A-6 DATE: 05/10/16 AUSD personnel believe that implementing the SRO position would provide enhanced quality of service to their campus, staff, and students. This cooperative agree ment would seem to be a “win/win” for both the AUSD and the City of Atascadero. FISCAL IMPACT: The agreement will have no effect on the City’s bottom line. If the MOU is authorized, the City would spend $80,000 per fiscal year in funds received from the AUSD (for the 2-3 year life of the agreement) and approximately $92,360 in budgeted Community Facilities District Funds. CFD Funds AUSD Contract CFD Funds AUSD Contract Source of Funds Community Facilities District 92,350$ -$ 92,350$ -$ AUSD Contract - - 80,000 Total Source of Funds 92,350$ -$ 92,350$ 80,000$ Use of Funds Sworn Police Officer 92,350$ -$ 12,350$ 80,000$ Reclassification to Sergeant - - 22,000 - Community Services Officer - - 58,000 - Total Use of Funds 92,350$ -$ 92,350$ 80,000$ Net -$ -$ -$ -$ Adotped Budget Proposal ALTERNATIVES: 1. Council may give direction to the City Manager and Chief of Police not to participate in the School Resource Officer program with the Atascadero Unified School District. 2. Council may give direction to the Chief of Police to renegotiate terms of the MOU between the Atascadero Unified School District and the City of Atascadero. ATTACHMENTS: 1. School Resource Officer Memorandum of Understanding between AUSD and the City of Atascadero Page 186 - 1 - ITEM NUMBER: A-6 DATE: 05/10/16 ATTACHMENT: 1 AGREEMENT/MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO POLICE DEPARTMENT AND ATASCADERO UNIFIED SCHOOL DISTRICT SCHOOL RESOURCE OFFICER PROGRAM This agreement (hereinafter "Agreement"), effective July 1, 2016, is made and entered by and between the City of Atascadero Police Department (hereinafter referred to as "City") and the Atascadero Unified School District (hereinafter referred to as "AUSD"), collectively the "Parties." WHEREAS, the Parties desire to further impress upon the minds of the pupils within the City of Atascadero the principles of morality, truth, justice, patriotism, a true comprehension of the rights, duties and dignity of American citizenship, the reduction of criminal activity and drug suppression; and, WHEREAS, the School Resource Officer Program (hereinafter referred to as "Program") is of critical importance in that officers assigned to the Program (hereinafter referred to as "SROs") encourage students to be responsible for their own actions, foster respect for other people, develop cultural sensitivity, make informed life style decisions and develop a mutual understanding between the youth and police viewpoints; and NOW, THEREFORE, for and in consideration of the collaborative agreements herein contained, the sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Goals and Objectives It is understood and agreed that AUSD and the City officials share the following goals and objectives with regard to the SRO Program: A. To foster educational programs and activities that will increase students' and parents knowledge of and respect for the law and the function of law enforcement agencies; B. To encourage the SRO to attend extra-curricular activities held at school, such as parent meetings, athletic events and concerts; C. To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school, such as: disorderly cond uct by trespassers, the possession and use of weapons on campus, the illegal sales and/or distribution of controlled substances, and riots; D. To report serious crimes that occur on campus and to cooperate with the law enforcement officials in their investigation of crimes that occur at school, E. To cooperate with law enforcements officials in their investigations of criminal offenses which occur off campus. F. To work together proactively ensure the safety of students, parents and faculty on AUSD campuses through the implementation of enhanced safety measures , education and training. G. To implement programs such as Teen Court, Restorative Justice or other similar programs designed to rehabilitate and restore student offenders of non -violent, non-drug related crimes. Page 187 - 2 - ITEM NUMBER: A-6 DATE: 05/10/16 ATTACHMENT: 1 2. Term and Termination The term of this Agreement shall be for a period beginning on or before July 1, 2016 and ending June 30, 2018. This Agreement may be extended for additional one -year terms, upon written mutual consent of both parties. AUSD or City may terminate this Agreement by giving written notice of termination sixty (60) days prior to the completion of this Agreement. 3. Obligation of City During the term of this Agreement, City hereby covenants and agrees to the following: A. Assign one (1) full time SRO to AUSD for the term of the Agreement, with a primary assignment at the Atascadero High School location. SRO will support all AUSD schools in the city limits as needed to address safety concerns and build positive relations. The SRO shall perform services under the supervision and direction of the City's Chief of Police or designee. B. Each SROs regular workweek shall be a 5-8, 9-80 or other compatible schedule, as mutually agreed upon by the Chief of Police and AU SD. The schedule of the SRO will be set by the supervisor of the SRO program. C. Assign a police officer of supervisory rank to act as liaison with AUSD and individual school administration for law enforcement efforts at AUSD sites. Primary purpose of this task is to e stablish effective lines of communication between the assigned City Supervisor and AUSD Administrator on site. In the event SRO has scheduled absence of one week or more, City will do everything reasonably possible to assign another Officer. D. Assigned time may be modified on a day-to-day basis based on emergency situations, sick leave, court appearances, and such other special requirements. E. The respective SRO and his or her assigned supervisor should notify the respective principals of the SRO's daily schedule as far in advance as possible. When possible, the SRO and his or her assigned supervisor will notify AUSD Administrators of their planned operational priorities. This should be done on a monthly basis, or as necessary to ensure adequate communicati ons between the SRO and AUSD Administrators at the school sites. F. The SRO and the assigned supervisor shall meet with AUSD Staff at least quarterly during the year with the first meeting occurring prior to the start of the school year to review duties and responsibilities. G. Make available to each SRO an appropriate motor vehicle for the performance of the services to be rendered under this Agreement, and shall pay for all equipment and operating costs, including gasoline, tires and maintenance of said vehi cle. H. Make available to each SRO appropriate equipment and training as would normally be afforded a police officer working for the City. Training periods shall be coordinated in advance with AUSD and the City will strive to schedule training during non -school days so as to maximize the on-site time of the SRO. I. Make activity records available to AUSD on a semi-annual basis. J. Investigations on AUSD sites by law enforcement shall be coordinated with respective principals or official designees when such coordination will not compromise the investigation. Page 188 - 3 - ITEM NUMBER: A-6 DATE: 05/10/16 ATTACHMENT: 1 K. Special investigations on AUSD sites shall be with a mutually agreed upon designee of the AUSD if such coordination will not compromise the investigation. L. City agrees to accept and investigate reported incidents of criminal behavior consistent with Atascadero Police Department guidelines used throughout the city to ensure the safety of the students and staff by the arrest and removal of juvenile and adult violators within the parameters of the law. M. The SROs may provide in-service training sessions to AUSD personnel, parents and students on topics of common interest and mutually agreed upon. Such training may include crime prevention, drug prevention, personal safety, internet safety, etc. N. Evaluate the Program up to four times annually. Said evaluation shall be accomplished by a member of the administrative staff of the AUSD, a SRO and at least one other supervisory member of the Atascadero Police Department. 4. Obligation of AUSD During the term of this Agreement, AUSD hereby covenants and agrees to the following: A. AUSD personnel shall cooperate with the SRO and City to facilitate the performance of services pursuant to this Agreement and the City's general law enforcement duties. B. Provide the SROs with a n office, furniture, computer, and telephone with voice mail at each high school site. Provide SRO's with Community School Personnel calendar for planning purposes. SRO's are strongly encouraged to participate in the Teacher training scheduled in August, a team building element designed activity. C. Provide the SROs with a transceiver radio in order to communicate with staff at the respective school sites. D. Provide an AUSD laptop computer, email account and access to the internet through the assigned computer. City's use of AUSD email and internet access shall conform to the AUSD's acceptable use policies and other standards. E. The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believ es an incident is a violation of the law, the principal may contact the SRO, and the SRO shall then determine whether law enforcement action is appropriate. F. When there is a need for emergency law enforcement assistance, respective principals or official designees are first to call 911 and then notify the appropriate SRO via cell phone or through APD Dispatch. The SRO shall respond as quickly as possible and provide further direction, as necessary. G. The principal or official designee of AUSD shall be responsible for making non-emergency requests for police services, such requests shall be made directly to the designated SRO. If that officer is not available the unit supervisor may be contacted to determine when that officer will be available. 5. Supplemental Services AUSD will collaborate with the respective SRO and his or her assigned supervisor regarding the SRO's daily schedule as far in advance as possible to make adjustments for scheduled events where the SRO’s presence is needed. In addition to those scheduled between AUSD and the City, AUSD may request the City provide supplemental services during evening or weekend events such as PTA meetings, Back -to-School nights, Open House(s), athletic or performance events, dance(s), prom(s), or other AUSD-sponsored events. City shall use its best efforts to provide the requested services by the SRO assigned to the respective school site at which the Page 189 - 4 - ITEM NUMBER: A-6 DATE: 05/10/16 ATTACHMENT: 1 events or activity is scheduled. AUSD shall be obligated to compensate City for such supplemental services which will be provided at the City's overtime rate. 6. Compensation AUSD shall reimburse City $80,000.00 annually for the services of the SRO pursuant to this agreement. Payment for services shall be rendered twice a year on July 1st and January 1st upon receipt by AUSD of proper invoice submitted by the City. Any overtime requested by the City for activities outside of the school shall be paid for by the City. Any overtime requested by AUSD shall be paid for by AUSD. 7. Selection of SRO The selection of police officers and supervisory personnel for the Program shall be at the sole discretion of the City's Chief of Police. The Chief of Police is encouraged to solicit input from AUSD as to SRO selection and assignment. 8. Chain of Command As an employee of the City, the SRO shall follow the chain of command as set forth in the PD Policies and Procedure Manual. 9. Access to Educational Records School officials shall allow the SRO to inspect and copy any public records maintained by the school including student directory information, classroom assignments and discipline files. However, the SRO may only inspect and/or copy confidential student education records as allowed by law. 10. Indemnification A. City agrees to defend, indemnify and hold AUSD, its officers, employees, agents and volunteers harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, o missions or misconduct of City, its officers, employees, agents or volunteers. B. AUSD agrees to defend, indemnify and hold City, its officers, employees, agents and volunteers harmless from and against any and all liability, loss, expense (including reasona ble attorneys' fees) or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from t he negligent or intentional acts, omissions or misconduct of AUSD, its officers, employees, agents or volunteers. 11. Authority The Parties each warrant and represent to the other that they have the full legal authority to enter into this Agreement. 12. Entire Agreement This Agreement sets forth the entire agreement between City and AUSD, and any modifications or extensions must be in the form of a written amendment duly noticed and approved at a public meeting. Page 190 - 5 - ITEM NUMBER: A-6 DATE: 05/10/16 ATTACHMENT: 1 13. Waiver Any waiver by the City of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of City to require exact, full, and complete compliance with any term of th is Agreement shall not be construed in any manner as changing the terms hereof, or stopping the City from enforcement hereof. 14. Severability If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first written above. CITY OF ATASCADERO ___________________________________________ Rachelle Rickard, City Manager ___________________________________________ Jerel Haley, Chief of Police ATASCADERO UNIFIED SCHOOL DISTRICT ___________________________________________ Tom Butler, Superintendent Page 191 ITEM NUMBER: B-1 DATE: 5/10/16 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 11,168 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. Page 192 ITEM NUMBER: B-1 DATE: 5/10/16 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. Page 193 ITEM NUMBER: C-1 DATE: 05/10/16 Atascadero City Council Staff Report – City Manager’s Office Facility Rental Policies and Procedures RECOMMENDATION: Council review and approve revisions to the 2010 Facility Rental Policies and Procedures to include updates to facilities available for rental, catering and Major Special Events Procedures. DISCUSSION: The City of Atascadero Facility Rental Policies and Procedures Manual is being updated to reflect the changes that have taken place since 2010 as well as the most recent update to the Co-Sponsored event procedures. The Co-Sponsored event additions were part of the Marketing Plan update presented at the February 23rd City Council meeting. The update included the Special Events Sponsorship Criteria and Agreement template which was approved to move forward. The details of the criteria are one of the major changes to the Manual being amended under Co-Sponsored Events. The following summarizes the changes being made:  Realigning to the City Manager’s office where it refers to Director and designee and keeping responsibility in place specific to the Pavilion aligned to the Public Works Director or designee.  Updating reference to Department of Community Services to City of Atascadero.  Reservation requirement changes for Colony Park BBQ area and Paloma Creek BBQ Equestrian area.  Updates with Signage.  Clarification of the number of security guards for Minor and Major events.  Pavilion Catering changes.  Co-Sponsored Events. FISCAL IMPACT: None Page 194 ITEM NUMBER: C-1 DATE: 05/10/16 ALTERNATIVES: 1. The City Council may provide staff direction on any desired adjustments to the Facility Rental Policies and Procedures Manual. 2. The City Council may provide staff direction on the Co-Sponsored Special Events Criteria and the Agreement template. ATTACHMENTS: 1. Special Events Criteria & Agreement Template 2. 2010 Rental Policies & Procedures – Redlined Page 195 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 1 City of Atascadero Special Event Sponsorship Criteria The purpose of establishing Special Event Sponsorship Criteria is to be able to attract a variety of events and travel shows to the City. These events might already be established in other areas but the event would be new to our area and/or bring media value that reaches a considerable amount of people in and outside the County. The venue may be considered as part of the value of the sponsorship program under review. Special Event Sponsorship Guidelines To be able to qualify for sponsorship, the event would need to follow certain criteria for consideration. Following are the Sponsorship criteria:  New and emerging events may be considered based on these criteria: o Regional appeal. o National or Tourism appeal. o Event has promotional ability:  Secured marketing funds to promote event via a solid advertising campaign that provides exposure over a minimum of two media vehicles.  Media exposure is measureable and includes at a minimum a City logo and/ or City tourism logo. Logo is included on event website, and logo is included in all promotional material and in all media where the event is promoted (i.e., print, radio, television, online, etc.)  Other sponsors. o Potential for growth and sustainability.  If the event qualifies, the City may provide the following as part of the sponsorship: o Venue options for consideration (i.e., The Pavilion, Sunken Gardens, Atascadero Lake Bandstand). o City Press Release to promote the event to the Media for Editor ial exposure. o At a minimum included on City’s Face book and Website. Inclusion on our Visit Atascadero Website and Face book pages is not a guarantee and is subject to the type of event as it must be tourism specific to be included on anything related to “Visit Atascadero.” If the special event does not meet the above guidelines, the regular Rental Rates apply to the venue being considered for the inquiring organization. Any questions or interest in our Special Event Sponsorship Program, please call Terrie Banish (805) 470-3490. Page 196 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 1 City of Atascadero 2016 Special Event Sponsorship Agreement – DRAFT- Organization: : Special Event: Agreement Timeline: : Event Date: EXHIBIT A Organization Obligation:  Event at the Venue being considered will receive the following: o Listing on organization website: YES or NO (Circle one) o Mention in Social Media: YES or NO (Circle one), If YES, how many posts, and boosts? o Mention at the Event: YES or NO (Circle one) o Tickets to the Event: YES or NO (Circle one), If YES, how many tickets & value: o Booth Space: YES or NO (Circle one), If YES, please include value: Ad promoting the Venue on will be included in the following (please include value): o Print Ads Include: o Commercial Spot on following TV stations: o Commercial Spot on following Radio stations: o Online Banner Ad included: YES or NO, (Circle One). If YES, How many impressions & value:  Total value/ cost: EXHIBIT B City of Atascadero Obligation:  Venue being considered: (Agreement with detail of usage must be filled out and accommodate this agreement.  Agrees to give use of the following Venue:  Use of sound system & electricity: Yes or No  Total value/ cost: Signature Date Signature Date ORGANIZATION: CITY: Contact/ Phone/ Email/ Address City of Atascadero, Terrie Banish Phone: (805) 470-3490 Email: tbanish@atascadero.org 6500 Palma Ave., Atascadero Page 197 CITY OF ATASCADERO FACILITY RENTAL POLICIES & PROCEDURES PREPARED BY: STAFF OF THE DEPARTMENT OF COMMUNITY SERVICES Revised October 26, 2010 May 10, 2016 Page 198 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 1 FACILITY RENTAL POLICIES & PROCEDURES Table of Contents FACILITIES AVAILABLE FOR RENTAL ..................................................................................................................................... 3 GENERAL CONDITIONS GOVERNING USE OF FACILITIES ................................................................................................. 5 ABANDONED EQUIPMENT: ............................................................................................................................................. 9 ADMISSION CHARGES: .................................................................................................................................................... 6 ALCOHOLIC BEVERAGE SALES POLICY: ..................................................................................................................... 9 AMPLIFIED MUSIC AT INDOOR FACILITY: .................................................................................................................. 9 AMPLIFIED MUSIC AT OUTDOOR FACILITIES: ........................................................................................................... 9 AVAILABILITY OF FACILITIES: ...................................................................................................................................... 5 CAPACITY OF FACILITIES: .............................................................................................................................................. 6 CEREMONIAL OCCASIONS: ............................................................................................................................................ 6 CLEAN-UP: .......................................................................................................................................................................... 7 CONCESSIONS: ................................................................................................................................................................... 6 DAMAGE: ............................................................................................................................................................................ 7 DANCES: .............................................................................................................................................................................. 8 DECORATIONS OR STAGE PROPS: ................................................................................................................................. 8 DISPLAYING COMMERCIAL WRITTEN MATERIALS : ............................................................................................... 6 DISPLAYING NON-COMMERCIAL WRITTEN MATERIALS: ...................................................................................... 6 EQUIPMENT USE: .............................................................................................................................................................. 8 FACILITY POLICIES FOR ALCOHOLIC BEVERAGES .................................................................................................. 9 GENERAL POLICY: ............................................................................................................................................................ 5 HOURS OF OPERATION: ................................................................................................................................................... 5 INFLATABLE BOUNCER POLICY (OUTDOOR FACILITIES): ................................................................................... 10 PERMITS AND LICENSES: ................................................................................................................................................ 9 PROHIBITED BEHAVIOR: ................................................................................................................................................. 8 RIGHT OF FULL ACCESS: ................................................................................................................................................. 5 RULES AND REGULATIONS: ......................................................................................................................................... 10 RULES OF ENFORCEMENT: ............................................................................................................................................. 5 SECURITY GUARDS: ......................................................................................................................................................... 5 SIGNAGE: ............................................................................................................................................................................ 6 SMOKING: ........................................................................................................................................................................... 8 STORAGE: ........................................................................................................................................................................... 7 SUPERVISION: .................................................................................................................................................................... 5 TEMPORARY BANNER(S): ............................................................................................................................................ 6-7 FEE AND PERMIT PROCEDURES .......................................................................................................................................... 11-12 FEES ................................................................................................................................................................................................... 13 CLASSIFICATION OF USERS: ........................................................................................................................................ 13 CLASSIFICATION A (Non-Profit/Government Rate): ..................................................................................................... 13 CLASSIFICATION B (Private/Commercial/Resident): ...................................................................................................... 13 CLASSIFICATION C (Private/Commercial/Non-Resident): .............................................................................................. 13 CO-SPONSORED STATUS: ......................................................................................................................................... 13-14 EXPLANATION OF BASIC FEES .................................................................................................................................................. 15 ADDITIONAL CHARGES: ................................................................................................................................................ 15 INDOOR FACILITY MINIMUM CHARGE: .................................................................................................................... 15 OUTDOOR FACILITY MINIMUM CHARGE: ................................................................................................................ 15 SOFTBALL TOURNAMENT GUIDELINES ................................................................................................................................. 16 TOURNAMENT APPLICATION PROCESS: ................................................................................................................... 16 Page 199 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 2 FOOD SERVICE POLICY ................................................................................................................................................................ 17 FACILITIES SUITED FOR FOOD AND BEVERAGE SERVICE: ................................................................................... 17 FOOD PREPARATION FOR SALE: .................................................................................................................................. 17 MAJOR SPECIAL EVENT PROCEDURES ................................................................................................................................... 18 ALCOHOLIC BEVERAGE SALES: ................................................................................................................................... 18 APPROVAL PROCESS: ...................................................................................................................................................... 18 BOUNCE HOUSES (OUTDOOR FACILITIES): ............................................................................................................... 18 BUSINESS LICENSE: ......................................................................................................................................................... 18 CITY OF ATASCADERO REQUIREMENTS:................................................................................................................... 18 CLEAN-UP/TRASH DISPOSAL: ....................................................................................................................................... 19 DECORATIONS: ................................................................................................................................................................. 19 DEFINITION OF MAJOR SPECIAL EVENT: .................................................................................................................. 18 EMERGENCY SERVICES: ................................................................................................................................................ 20 EQUIPMENT STORAGE: ................................................................................................................................................... 20 EVENT SECURITY AMPLIFIED SOUND: ....................................................................................................................... 19 FEES AND CHARGES: ...................................................................................................................................................... 20 FIRE DEPARTMENT PERMIT INSPECTION FEES: ....................................................................................................... 20 FOOD SALES: ..................................................................................................................................................................... 18 LIABILITY INSURANCE: .................................................................................................................................................. 18 ON-SITE STAFF SUPERVISION: ...................................................................................................................................... 20 PARKING: ........................................................................................................................................................................... 20 PLOT PLAN/FACILITY DIAGRAM: ................................................................................................................................. 19 PORTABLE SANITATION UNITS: ................................................................................................................................... 19 SALES TAX: ....................................................................................................................................................................... 18 SIGNAGE: ........................................................................................................................................................................... 19 STATE AND COUNTY REQUIREMENTS AND PERMITS: ........................................................................................... 18 STREET CLOSURE: ........................................................................................................................................................... 20 TEMPORARY BANNER(S): .............................................................................................................................................. 19 Page 200 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 3 FACILITIES AVAILABLE FOR RENTAL ANZA ESTATES: Equestrian Arena: Available for private rental only. No facilities. ATASCADERO LAKE PARK: Alvord Field (Babe Ruth): High school-sized baseball field with field lights, bleachers, and restrooms. Seasonal availability. Barbeque Area #1: Barbeque pit with seating for approximately 150 people. Electricity and lights available. Barbeque Area #2: Barbeque pit with seating for approximately 150 people. Electricity and lights available. Barbeque Area #3: Barbeque pit with seating for approximately 50 people. Electricity available. No lights. Bandstand: Covered stage suitable for outdoor concerts. Electricity and lights available. Gazebo: An area suitable for outdoor wedding ceremonies. Chairs available for rent. No electricity or lights available. Pavilion: 10,000 Sq. Ft. facility, suitable for receptions, dances, meetings, and special events. Kitchen facility and several various sized meeting rooms available. (See page 12 for room capacities) Ranger House/Meeting Room: A house setting with a conference room. Kitchen and bathroom available. Maximum capacity 20 people. 500 Sq Ft. Veteran's Memorial: Grass area surrounding the Memorial site. Two light poles in grass area with electricity. Group picnic area to be developed. CITY HALL: Public Meeting Room (Conference Room #104 & #106#4): Available for rental from 8:30am-5:00pm, Monday - Friday ONLY. Room #104 seats 5724 people with meeting room tables and Room #106 seats 29 people. Access to public restrooms. Audio/visual available. City Hall Council Chambers (Upper Rotunda): Available for rental from 8:30am-5:00pm, Monday - Friday ONLY. Seats 20099 people assembly style. Access to public restrooms. Audio/visual available. For special events and weddings in the Upper Rotunda, please refer to the Historic Atascadero City Hall Saturday and Sunday rentals policy. COLONY PARK: Softball Fields #1 and #2: Two youth-sized softball fields. No field lighting. Bleachers and restrooms are available. Seasonal availability. Barbeque Area: 43 small barbeque pits and one large barbeque pit with shade and seating for approximately 20 people per pit. Adjacent to outdoor basketball courts. Restrooms may NOT be available depending on rental time/day. Reservations are not required. Page 201 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 4 COLONY PARK COMMUNITY CENTER: Conference Room: Meeting room with a maximum capacity of 25 people. Equipped with 12 lap top computers and white board. Arts & Crafts Room: Classroom designed for art classes with stools, tables and sinks with a maximum capacity of 39 people. Dance & Exercise Room: Dance room with a maximum capacity of 50 people. Equipped with mirrors, dance bars and spring floor. Gymnasium: Full size gymnasium with a maximum capacity of 450 sport, 600 banquet. Equipped with 6 basketball hoops, scoreboard, bleachers, volleyball nets, referee stands, illuminated score table, optional floor cover and other sport or banquet options. PALOMA CREEK PARK: Softball Fields #1 and #2: Two adult-sized softball fields with field lighting, bleachers, and restrooms. Sports Open Fields: Two large multi-purpose open space fields suitable for sports activities or special events. Baseball Field (Little League): Fenced, youth-sized baseball field with bleachers. Seasonal availability. Equestrian Arena: Multi-purpose equestrian arena available for daily use and special events. Arena lighting and announcer's booth may be rented upon availability and Railhead Riders approval. Barbeque at Equestrian Arena: Barebeque area with 3 tables to accommodate 25 people. Reservations are not required. PAVILION: Great Room: Lakeview room with a maximum capacity of 300 banquet, 250 reception, 400 assembly/theatre. Rotary Room: Lakeview room with a maximum capacity of 200 banquet, 150 reception, and 250 assembly/theatre. Gronstrand Room: Lakeview room accommodates a maximum of 75 banquet, 100 assembly/theatre. Community Room: Meeting room accommodates a maximum of 40 people classroom style or 70 assembly/theatre. Catering Services: Catering services provided by Pacific Harvest Catering throughout the year. To contact Pacific Harvest Catering, please call (805) 464 0944. STADIUM PARK: Large, undeveloped area suitable for special events. No barbeque, electricity or restroom facilities available. Available seasonally based upon fire season. SUNKEN GARDENS PARK: Large, multi-purpose grass area adjacent to City Administration Building, suitable for special events. No barbeque facility or restrooms available. Page 202 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 5 GENERAL CONDITIONS GOVERNING USE OF FACILITIES The following conditions shall govern the use of facilities, which are administered by the Department of Community Services City of Atascadero. AVAILABILITY OF FACILITIES: When use of facilities does not conflict with the City's operations, programs, activities, or maintenance schedule, they shall be available for use by individuals or groups. Reservations will be granted at the discretion of the Director City Manager, or designee, on a first-come, first-served basis for no more than one year in advance. Applications for use of public facilities will be approved based on availability, without discrimination or regard to the applicant's viewpoint or subject matter, including religious or political viewpoints or subject matter. In the case of conflicting usage, facility authorization is at the discretion of the Director City Manager, or designee. GENERAL POLICY: It is the objective of the Department City that facilities are primarily used by groups and individuals for community recreation activities regardless of race, color, creed, national origin, religion, sex, economic status, or area of residence of said group and/or individual. RULES OF ENFORCEMENT: The Director City Manager, or designee, shall enforce, or cause to have enforced, the provisions herein; and shall have the authority to deny use of any facility to an individual or group who refuses to comply with the rules and regulations. RIGHT OF FULL ACCESS: The Department City staff has the right of full access to activities at all times to ascertain compliance with rules, regulations, City and state laws. HOURS OF OPERATION: Dawn to Dusk: Outdoor facilities without lighting 6:00 a.m. to 10:00 p.m.: Outdoor facilities with lighting 6:00 a.m. to 12:00 midnight: Indoor facilities (excluding City Hall meeting room or Council Chambers) The above are the standard hours of operation, unless extended by authorization of the Director City Manager, or designee. SUPERVISION: A City of Atascadero employee shall be in attendance at any facility whenever it is deemed necessary by the Director City Manager, or designee. Said department City employee will determine if all rules, regulations, and laws governing use of the facilities are being complied with. However, primary responsibilities for conformance with said rules, regulations, and laws rest with the permittee. SECURITY GUARDS: Security guards are required at all City facilities where alcoholic beverages are served and at other events where the City Manager, or designee, deems appropriate. Other events may include, but are not limited to, concerts and events with more than 100 guests in attendance, or those with more than 75% of the attendees under the age of 18. One security guard per hundred people shall be present for the full length of the event, unless amended by the Director, or designee. Security guard(s) are required to remain on site until all guests and renters have left the premises. The expense for said security guard(s) shall be assumed by the permittee. Page 203 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 6 CEREMONIAL OCCASIONS: There shall be NO use of City facilities that will unconstitutionally discourage any religious sect, church, or sectarian denomination. Performances, activities, services and presentations conducted or given at facilities shall not unconstitutionally promote, support, or discourage particular religious or philosophical beliefs. CAPACITY OF FACILITIES: Permittee shall not admit a greater number of persons than the maximum capacity posted or documented on the facility confirmation. Premises and events are subject to inspection by the Fire Marshall. CONCESSIONS: The Department of Community Services City of Atascadero reserves all concession rights. Programs, records, tapes, books, and related items may be sold in conjunction with an event if they relate to a performance or meeting if prior written approval has been received. Arrangements must be made in advance, and may be subject to a payment of a percentage of the gross receipts, which will be determined by the Director City Manager, or designee. Business licenses are required for concessions on City property. For profit vendor concessions that take place at the Pavilion are subject to a 10% sales fee. ADMISSION CHARGES: Unless specifically stated and approved in the permit, it is understood that activities or events will not be benefit affairs , that no admission will be charged, that no tickets will be sold, and that no collection or donation will be made. Charitable Fundraisers at the Veteran's Memorial are exempt from this policy. DISPLAYING COMMERCIAL WRITTEN MATERIALS (SIGNS, POSTERS, ETC): No written commercial or advertising materials or signs shall be placed in, on, or distributed about parks/facilities, except by special agreement approved by the Director City Manager, or designee. The Veteran's Memorial facility is exempt from this if it is in conjunction with a charitable sponsorship of an event, during the time of the event only. DISPLAYING NON-COMMERCIAL WRITTEN MATERIALS (PAMPHLETS, POSTERS, ETC.): Non-commercial written material shall not be affixed to any park structure. Such material is allowed only in conjunction with a permitted event. It shall not be displayed or offered in a manner to cause damage to the park structures, flora, or facilities; nor shall the material create a litter, safety, or access problem. The distributor of mater ial shall be responsible for cleaning up any litter caused by the display or distribution of this material. SIGNAGE: Posting of signage related to advertising any event on City-owned property must be authorized by the Director City Manager, or designee. If advertising signage is approved, signs can only be placed at the facility where the event is to be held. No signage is allowed to be posted on streets, utility poles, traffic signs, or other traffic control devices. Signs can only be posted a maximum of 20 days prior to the event, and are required to be removed immediately after the event. Signs shall be reviewed and approved by the Community Development Department Department of Community Services staff for professional quality. Sign maximum size is 20 square feet. Directional and safety signage is allowed at the event site only. Refer to the City's Sign Ordinance for further details. TEMPORARY BANNER(S): 1. Banner Permit Procedures: a. A banner permit is required for all organizations or individuals reserving the Sunken Gardens and Atascadero Lake Park temporary banner holders. These general procedures shall also apply to the flag holders on El Camino Real, along the front of the Sunken Gardens. The flags shall only be allowed for display for one day only, during an event. No temporary banners shall be permitted at these facilities that are not displayed in the banner holders. Unauthorized banners will be taken down. b. All banner permit requests for the Sunken Gardens and Atascadero Lake Park Temporary Banner Holders shall be authorized by the Deputy City Manager Director, or designee, and subject to availability. Application forms are available at the Colony Park Community Center Atascadero City Hall. c. A written application is required by applicant, and must be submitted before a reservation will be considered. d. Banner permits for the Sunken Gardens and Atascadero Lake Park Temporary Banner Holders shall Page 204 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 7 be made in the order of receipt of application by the Deputy City Manager Department and subject to the availability of the facility. Specific date reservations can be submitted a maximum of one (1) calendar year in advance from date of application. Temporary event banners for City sponsored activities have priority. In the event the Farmers Market returns to the Sunken Gardens, the Farmer's Market banners will be placed over all permitted banners on Wednesdays only, and will be removed the same day. e. Only banners announcing events or activities taking place in the Sunken Gardens/Colony District may be displayed in the Sunken Gardens. Only banners for events or activities taking place at the Atascadero Lake Park/Zoo may be displayed in the Lake Park banner holders. Only when space allows, will banners be approved announcing events or activities taking place in opposite locations. Events and activities taking place in their geographic locations will have priority over the banner locations. f. A permit will not be issued under the following conditions: i. Insufficient Notice - When department personnel City staff cannot be scheduled, facilities prepared, or other conditions relating to such use cannot be completed in the time between the date of the request and the proposed event. ii. When Temporary Banners are Posted Prior to Approval - When a temporary event banner has been posted on the Sunken Gardens or Atascadero Lake Park Banner Holders prior to receiving approval. 2. Temporary Event Banner Requirements: a. All temporary event banners mounted on the Sunken Gardens and Atascadero Lake Park Temporary banner holders must comply with the conditions and requirements specified: i. Banners intended for the announcement of community special events and activities conducted by organizations only. For-profit/commercial banners will not be allowed. Banners of a political nature (for candidates, political events and messages) are prohibited. ii. Banners may be posted 21 days prior to the event and no sooner. iii. The permit holder is responsible for posting and removing the temporary event banner. iv. Banners must be removed within one day after the event. If the banner is left up more than one day after the event, City personnel will remove the banner and a $25 fee will be charged. The banner will not be released to the owner until the fee is paid. b. Banners must be: Width - 8 ft., height - 3 ft. and be of professional quality. Banners at the Atascadero Lake Park area must be 2-sided. c. All temporary event banners must be posted on the established banner holders only, unless expressly approved by the Deputy City Manager Director of Community Services. 3. Cancellation of Permit by the City: a. A permit may be cancelled based upon any of the following conditions: i. If the permit is found to contain false or misleading information. ii. If any individual, group, member or guest willfully, or through gross negligence, mistreats the facility/equipment, or violates any of the rules, policies, regulations, terms and conditions established for use of the facility. iii. If the banner is torn, ripped or unsightly. If the content of the banner is offensive to the public. iv. If permittee defaults on, or has not completed all conditions and requirements for use of the temporary banner holders. v. If the temporary event banner holder is needed for public necessity or emergency use. STORAGE: No receipt, handling, care, or custody of property of any kind shipped, or otherwise delivered to any facility, either prior to, during, or subsequent to the use of facilities by any permittee is allowed, unless authorized by the Director City Manager, or designee. The City or its officers, agents, or employees shall not be liable for any loss, damage, or injury of such property. DAMAGE: Permittee will be responsible for all damage to facility, and shall be responsible for reimbursement to the City for any loss or damage to City property caused by such use. CLEAN-UP: Permittee is responsible for leaving the facility in a clean and orderly condition. A portion or all of the security deposit may be withheld if the facility is not left clean and without damage to furnishings. At specific facilities, a cleaning fee may be charged at the director City Manager's discretion. Page 205 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 8 EQUIPMENT USE: Special requests for equipment should be noted on the permit application. At specific facilities, an equipment rental fee may be charged. DANCES: Dances will be allowed at the discretion of the Director City Manager. Persons under 21 will not be permitted at dances serving alcoholic beverages. Exception would be made where security guards are present. Dances for minors require chaperones over 21 years of age to be present during the entire event at a ratio of 1 chaperone to 25 minors, unless amended by the Director City Manager, or designee. Security guards may also be required at the discretion of the Director City Manager, or designee. DECORATIONS OR STAGE PROPS: Existing facility decorations may not be removed without the prior approval of the Director City Manager, or designee. When decorating, DO NOT fasten any decorations to light fixtures. Scotch tape, masking tape, hold-it, thumb tacks, staples, etc., are not allowed. Decorations belonging to the permittee must be disposed of immediately after the event. Any decorations left may be discarded by the Department City staff, and the removal effort could affect the amount of the security deposit refunded. Exit doors, exit lights, fire alarm sending stations, wet standpipe hose cabinets, and fire extinguishers shall not be concealed or obstructed by any decorative material or props. Use of candles or fuel lamps is prohibited at all indoor facilities except the Pavilion, if Fire Department requirements are met. Any special effects, including curtains, hangings, or props shall be made of non-flammable material and approved by the Fire Marshall. PROHIBITED BEHAVIOR: Illegal and immoral activities, the use of obscene language, gestures or behavior shall not be permitted at any time. SMOKING: City Ordinance No. 235 prohibits smoking in all City-owned indoor facilities. Smoking is prohibited within 20 feet of any public entrance. City Ordinance No. 543 prohibits smoking and tobacco products in the Charles Paddock Zoo and in the City's outdoor recreation areas and parks. Smoking is permitted in paved parking lots only. ALCOHOLIC BEVERAGE SALES POLICY: Individuals or organizations may request permission to sell alcoholic beverages in conjunction with the use of City facilities (except the City Administration Building). Permittee shall follow the procedures hereinafter set forth. It shall be the full responsibility of the individual or organization to contact the Department of Alcoholic Beverages to determine the exact requirements pertinent to the type of use. 1. Groups or individuals wishing to sell alcoholic beverages must submit an application for permit to use City facilities a minimum of twenty (20) business days prior to the event. Applications may be obtained at the Atascadero City Hall. 2. The Director City Manager, or designee, approves or disapproves all requests for the sale of alcoholic beverages at City facilities. 3. If approved, a completed ABC form (221-2010) will be provided to the City for signature to theDepartment of Community Services Deputy City Manager will be signed and approved . Once signatures are completed, the ABC form will be returned to the permittee for submittal to the Department of Alcoholic Beverages. 4. A copy of the final Department of Alcoholic Beverages sales permit must be presented to the Department of Community Services Deputy City Manager a minimum of ten (10) business days prior to confirmation for use of the facility. 5. A copy of liability insurance in the amount of $1,000,000 dollars, listing the City as additional insured, for the date(s) of the event, is required prior to confirmation for the use of the facility. 6. Security guards will be required for any event selling or serving alcoholic beverages in any City facility. Page 206 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 9 FACILITY POLICIES FOR ALCOHOLIC BEVERAGES: Sale of alcoholic beverages are not allowed in City parks and facilities unless specifically designated. Authorization to sell alcoholic beverages at all City facilities may be requested in coordination with a facility request application for a special event. If alcoholic beverages are for sale, a permit from the State of California, Alcohol Beverage Control, will be required. Proof of liability insurance in the amount of one million dollars ($1,000,000) is also required for the sale of alcoholic beverages, naming the City as an additional insured. No one under the age of 21 is allowed to consume alcoholic beverages. Authorization for such a permit will be at the discretion of the Director City Manager, or designee. Pavilion & Colony Park Community Center Alcohol Policy: • Hard Liquor is NOT permitted. Beer, wine and champagne are permitted at functions including weddings, birthday parties, and other private events. (Beer, wine and champagne are permitted) • A certified bartender is required to serve alcohol at all Pavilion and Colony Park Community Center functions. The Pavilion Coordinator may waive this requirement if the event is a "low risk", non -profit function and a sober supervisor is present to serve the alcohol and monitor consumption. • State certified security guards are a requirement at all events in which alcohol is served. A minimum of one security guard is required per 100 guests. Additional security guards may be required at the discretion of the Chief of Police. Security guard(s) are required to remain on site until all gues ts and renters have left the premises. The expense for said security guard(s) shall be assumed by the permittee. Security guard requirements may be waived at the discretion of the Chief of Police for low risk, non-profit events of two hours or less. • Special event insurance must be purchased at all events in which alcohol is served. The insurance includes a general liability and liquor liability premiums. Insurance may be purchased through the City of Atascadero as an additional insured for one million dollars ($1,000,000). • No alcohol of any kind may be served to minors or at parties that are in honor of someone under the age of 18 (ie: 15th or 16th birthday parties). Major Special Events Alcohol Sales: • If alcohol is sold at a major special event, the applicant is responsible for providing to the City of Atascadero, and to post at the event, a copy of the State Alcoholic Beverages Sales Permit. To secure this permit, the applicant must provide the ABC License form for City signatures and submit to the Alcoholic Beverage Commission for approval. The City will need to receive the final approved ABC License before the event can take place. receive a letter from the City stating permission to sell alcoholic beverages on City property. The letter must be presented to the State Department of Alcoholic Beverage Control. • State certified security guards are a requirement at all events in which alcohol is served. A minimum of two security guards are required per 500 guests. Additional security guards may be required at the discretion of the Chief of Police. Security guard(s) are required to remain on site until all guests and renters have left the premises. The expense for said security guard(s) shall be assumed by the permittee. ABANDONED EQUIPMENT: Any equipment, effects, or decorations of the permittee remaining on the premises after the expiration of the permit will be deemed abandoned and disposed of by the Department City. PERMITS AND LICENSES: The permittee has the responsibility to obtain any additional permits and/or licenses required by City ordinances or State laws, and shall furnish evidence of having obtained same to the City of Atascadero Department of Community Services. AMPLIFIED MUSIC SOUND AT INDOOR FACILITY: Amplified music sound is allowed in certain indoor City facilities, upon the approval of the Director City Manager, or designee, and are also subject to approval by the Atascadero Police Department. Amplified music sound is allowed in indoor facilities from 8:00 a.m. to 12:00 a.m., unless extended by the Director City Manager, or designee. AMPLIFIED MUSIC SOUND AT OUTDOOR FACILITIES: Amplified music sound is not allowed at outside facilities, unless authorized specifically by the Director City Manager, or designee, or unless the request meets one of the following criteria: 1. The amplified music sound is conducted during an approved Major Special Event. All provisions of the Major Special Event policies must be met. 2. The amplified music sound is conducted at the Atascadero Lake Park Bandstand on Fridays, Saturdays, Sundays from noon until 9:00 p.m. 3. The amplified music sound is associated with the annual City-sponsored Concerts in the Park Series. 4. The permit holder is required to immediately compl y with requests by City staff to reduce the music sound volume. Failure to comply will result in denial of future requests for amplified music sound by the permit holder. 5. Amplified music sound is not allowed in outdoor areas at Colony Park due to the nearby residences. Page 207 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 10 INFLATABLE BOUNCER POLICY (OUTDOOR FACILITIES): Inflatable bouncers are only authorized in the following City of Atascadero parks: • Atascadero Lake Park - Next to large reservation areas only, unless associated with a major special event. • Sunken Gardens Park The following rules apply: 1. Use of an inflatable bouncer is ONLY allowed with reservation of a park site. 2. If site has electrical outlets, they must be used to power the inflatable bouncer and the additional utilities fee will apply. If site does not have an electrical outlet, a "quiet" style generator must be provided. 3. Only ONE inflatable bouncer is allowed in a park, per day, unless special authorization is given by the Director of Community Services City Manager, or designee. 4. Stakes are strictly prohibited in City parks. All inflatable bouncers are to be weighted down. 5. The City of Atascadero must have a valid copy of the vendor's liability insurance policy on file. 6. Inflatable bouncers with water features are strictly prohibited in all parks. RULES AND REGULATIONS: In order that activities at City facilities can best be enjoyed by everyone, basic rules of good conduct must be observed. These include, but are not limited to, the following: 1. All City ordinances must be observed. 2. Gambling, the use of obscene language, dangerous conduct, unusually loud amplified music, or any other activity that creates a disturbance will not be permitted. 3. The sale of alcoholic beverages without the proper permits is prohibited. 4. No equipment or furnishings shall be removed from a facility without the Director City Manager, or designee, approval. 5. Animals are not allowed in City buildings, except for service animals for the disabled, unless the Director City Manager, or designee, approval has been given. 6. Organized flea markets and rummage sales are permitted in the Sunken Gardens, no more than twice a year. Flea Markets need to be organized by a non-profit organization, with clearly marked spaces, subject to the approval of the Director City Manager, or designee. Failure to comply with the rules and regulations may result in termination of a facility use permit. Page 208 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 11 FEE AND PERMIT PROCEDURES 1. A Facility Use Permit is required for all groups or individuals reserving City facilities. 2. All use permit requests for usage of City facilities shall be authorized by the Director of Community Services City Manager, or designee, and subject to the availability of the facility. Application forms are available at the Atasca dero City Hall or online at www.atascadero. org 3. A written application is required by applicant, and payment submitted before a reservation date can be considered. 4. Facility confirmations are to be present at the function for which the application was applied. In the case of a group or organization, it is recommended that one spokesperson be designated, and all arrangements made through this representative. 5. Reservations shall be made in the order of receipt of appl ication by the Department City and subject to the availability of the facility. All required fees must be paid prior to the facility being utilized. Specific date reservations can be submitted a maximum of one (1) calendar year in advance from date of application. Pavilion reservations can be submitted a maximum of eighteen (18) calendar months in advance from the date of application. Continuing multiple-date reservations can be submitted for a maximum time period of one (1) calendar year in advance from date of application. Recognized non-profit organizations (see Classification of Users Section) continuing multiple-date reservations are to be submitted for a maximum time period of one (1) calendar year in advance. 6. A non-refundable reservation deposit is required on certain City facilities and is due at the time of permit application submittal. This deposit will be applied towards the facility usage fee if the application is approved. If an application is not accepted, the reservation deposit will be refunded to applicant in full. If event is cancelled by applicant, the reservation deposit will not be refunded. 7. A security deposit may be required at certain facilities and must be paid in full twenty (20) business days prior to the facility being confirmed. This fee shall be refunded only if the facility is left clean and without damage to the building or its furnishings. The City reserves the right to retain all or part of the security deposit if facility is left unclean or damaged, or the Police Department is dispatched to the event. If event runs over the agreed-upon time, fees will be deducted from the security deposit. 8. All facility use rental fees are due a minimum of twenty (20) business days prior to the event date. If all rental fees are not paid within this time period, the facility application may be canceled and the reservation deposit (if applicable) will be retained in whole by the City. 9. All other permits, insurance certificates, licenses, etc., required in relation to a faci lity use permit are to be submitted a minimum of twenty (20) business days prior to the event date. 10. Rental time period must include decorating and cleanup time. Rental time is adjusted to the next full half hour. The facility must be vacated promptly at the time specified on the permit. 11. When applicable, persons utilizing City facilities are to receive necessary City keys from the Department of Community Services Public Works immediately prior to the scheduled facility use. All keys must be returned to the Department by the first business day after the rental. A key deposit of $50.00 may be charged. 12. At special events, City staff may be assigned to assist at a rate of their fully allocated hourly rate. This fee must be paid prior to the event date. 13. Permits granted on a continuing basis are valid for a maximum period of twelve (12) months. 14. Fees for indoor facilities will be based on a one-hour minimum rental time frame. Fees for the Pavilion will be based on a four-hour minimum on Friday and Sunday. (See page 15 for facility minimum charge.) Page 209 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 12 15. A permit will not be issued under the following conditions: Insufficient Notice: When Department personnel City staff cannot be scheduled, facilities prepared, or other conditions relating to such use cannot be completed in the time between the date of the request and the date of the proposed event. For Hazardous Activities: When permittee has mistreated a facility or violated facility use policies during a previous occupancy. When Event Publicized Prior to Approval: When an event has been publicized prior to receiving approval for facility use and the facility is not available. 16. CANCELLATION OF PERMIT: BY PERMITTEE: To cancel a reservation or change the date of a facility usage permit, the permittee must give a minimum of twenty (20) business days written notice for all indoor/outdoor facility reservations. A reservation deposit (if applicable) may be transferred, but is not refundable if permittee cancels. A reservation change or modification fee, based on the City's current fee schedule, will be applied. To change the time of an event, a minimum of 7 days notice is required and a reservation change or modification fee, based on the City's current fee schedule, will be applied. In the case of inclement weather, for outdoor facility reservations, the applicant may request a refund of usage fees, subject to an administrative fee, or reschedule the reservation date. BY THE CITY: A permit may be canceled for any of the following conditions: A. If the permit is found to contain false or misleading information. B. If the use or proposed use will be detrimental to the health, safety or general welfare of the City, or to the efficient operation of the facility for the public welfare. C. If any individual, group, member or guest willfully, or through gross negligence, mistreats the equipment/facility, or violates any of the rules, policies, regulations, terms and conditions established for use of the facility. D. Failure to make rental fee payments within the minimum time provided. E. If permittee defaults on, or has not completed, all conditions and requirements for use of a facility. F. If the facility is needed for public necessity or emergency use. G. If required permits and/or licenses are not obtained. Page 210 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 13 FEES CLASSIFICATION OF USERS: Facility users are classified by group type. The classification of users is for the purpose of determining fees and charges for facility rental. When a facility use application is approved, an hourly or set fee shall be charged in accordance with the user's classification. CLASSIFICATION A (Non-Profit/Government Rate): This class encompasses incorporated non-profit/governmental organizations recognized for fee discounts by the City. Groups in this class, whose activities are not for profit, provide a community service for the residents of the City of Atascadero. Organizations must have a minimum of 51 percent Atascadero residents as members. (This requirement may be waived if the organization is providing a public service to Atascadero residents). This class is intended for the normal activities of non-profit service clubs and similar organizations. Reservations and security deposits will be charged, if applicable. All non-profit 501 (c) (3) organizations will be charged the same fee for leasing or usage of public facilities, irrespective of the applicant's viewpoint or subject matter, including religious or political viewpoints o r subject matter. CLASSIFICATION B (Private/Commercial/Resident): This class includes private parties for individuals or families who reside within the boundaries of Atascadero City limits. This class includes commercial and private groups whose activities are for financial gain, or groups conducting religious, political or union meetings. Reservations and security deposits will be charged, if applicable. CLASSIFICATION C (Private/Commercial/Non-Resident): This class includes private parties for individuals or families who reside outside the boundaries of the Atascadero City limits. This class includes commercial and private groups, whose activities are for financial gain, or groups conducting religious, political or union meetings. This class may also include non-profit groups with less than 51% Atascadero residents. Reservations and security deposits will be charged, if applicable. Field rental fees will be at full rate for ALL user groups, regardless of classification. CO-SPONSORED STATUS AND SPECIAL EVENT SPONSORSHIP CRITERIA: The purpose of establishing Co-Sponsored Status or Special Event Sponsorship Criteria is to be able to attract a variety of events and travel shows to the City. Co-Sponsored Status: Due to the cost of operations and maintenance, fee waivers are generally discouraged. However, on a case -by-case basis, events by other government agencies or non-profit organizations may qualify for co-sponsored status with the City. Co- Sponsored events are events that attract local and county residents as well as tourism to our City. These are events that are marketed both inside and/or outside the area to bring visitors to Atascadero. Events qualifying for Co-Sponsored Status may be eligible for fee waivers. Fee waivers will be determined on a case-by-case basis. In order to qualify for Co-Sponsored Status, the event must meet one or all of the following criteria and be approved by the Deputy City Manager – Promotions, Outreach & Events Executive Management: 1. Governmental cooperation. 2. The event might otherwise be conducted by the City of Atascadero and directly benefits City of Atascadero facilities, programs or services. 3. The event is conducted by an organization with a formal agreement with the City to conduct such events or activities. Special Event Sponsorship Criteria: Special Events Sponsorship applies to events where the City is working collaboratively with the event organizers to cross promote the City in their marketing efforts as well as bring new events to our area. Though these events might already be established elsewhere, there may be an interest to add or bring an event that would be new to the City, drawing media value that reaches a considerable amount of people in and outside the County. The venue may be offered as part of the value of the sponsorship program being considered. Page 211 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 14 In order to qualify for a Special Event Sponsorship, the event must meet the following criteria and be approved by the Deputy City Manager – Promotions, Outreach & Events: 1. New and emerging events may be considered based on these criteria: o Regional appeal. o National or Tourism appeal. o Event has promotional ability:  Secured marketing funds to promote event via a solid advertising campaign that provides exposure over a minimum of two media vehicles.  Media exposure is measureable and includes at a minimum a City logo and/ or City tourism logo. Logo is included on event website, and logo is included in all promotional material and in all media where the event is promoted (i.e., print, radio, television, online, etc.)  Other sponsors. o Potential for growth and sustainability. 2. If the event qualifies, the City may provide the following as part of the sponsorship: o Venue options to be determined (i.e., The Pavilion, Sunken Gardens, Atascadero Lake Bandstand). o City Press Release to promote the event to the Media for Editorial exposure. o At a minimum included on City’s Facebook and Website. Inclusion on our Visit Atascadero Website and Facebook pages is not a guarantee and is subject to the type of event as it must be tourism specific to be included on anything related to “Visit Atascadero.” If the special event does not meet the above guidelines, regular Rental Rates that apply to the venue being considered for the inquiring organization will apply. If it does qualify, there will be a sponsorship agreement that will be completed detailing sponsor obligations and the City of Atascadero obligations. The Veteran's Memorial reservation fee will be waived for use of the Veteran's Memorial by Veteran's organizations, individual Veteran's or families of Veterans for services and events. No security deposit will be required. Page 212 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 15 EXPLANATION OF BASIC FEES Fees have been established considering that only the basic facility is to be furnished. This includes: 1. Normal utilities 2. Normal maintenance 3. Standard table and chair set-up 4. General supervision ADDITIONAL CHARGES: Charges may be assessed over the standard City fee schedule for additional set-up, supervision or technical support provided by the Department City staff. INDOOR FACILITY MINIMUM CHARGE: Fees for indoor facility reservations are based on an hourly rate. There is a minimum of two (2) hours rental fee for the Pavilion Gronstrand and Rotary Rooms. All other meeting rooms may be reserved for a one (1) hour minimum rental fee. There is a Four (4) hour minimum on Friday and Sunday at the Pavilion. Non-profit groups must reserve the Pavilion for a minimum of twelve (12) hours on Saturdays. Private group renta ls on Saturdays are a flat fee for the entire day. Rooms may be booked at an hourly rate (with a 4 hour minimum) on Saturdays if the reservation is made within 30 days of the event. OUTDOOR FACILITY MINIMUM CHARGE: Usage fees are charged for reserving various City outdoor facilities. Fee rates do not include equipment unless specifically stated. No facility usage fee is charged to City-sponsored softball teams for reserving City softball fields for softball practice. Page 213 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 16 SOFTBALL TOURNAMENT GUIDELINES The Atascadero Department of Community Services City of Atascadero encourages organized sports tournaments for youth and adults, utilizing City recreational facilities. The following guidelines include application procedures, general information and fees. TOURNAMENT APPLICATION PROCESS: 1. Submittal of tournament application form, approval of proposed tournament dates, location, fields used, and payment of application fees. 2. Sponsor to meet with Community Services staff no later than one (1) week prior to tournament to review event schedule, services requested, and options desired. Fees for the services and options are listed in the current City of Atascadero Fee Schedule. 3. Managers are responsible for their dumpster fees. Page 214 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 17 FOOD SERVICE POLICY FACILITIES SUITED FOR FOOD AND BEVERAGE SERVICE: Pavilion on the Lake: Catering services are available exclusively through a caterer of the renter’s choice unless the City is in contract with an exclusive caterer. When no catering service is contracted by the City, outside caterers are welcome and must be licensed and insured. Copies of all documentation must be provided to the Pavilion Coordinator prior to the event date. When a catering service is contracted with the City, that caterer will become the exclusive on-site caterer for Pavilion events. No additional kitchen rental is required by the renter when the contracted catering service is used. The kitchen is included with the Saturday rental but must be rented separately (if needed) for the Fr iday or Sunday wedding packages or event rentals. If a caterer is under contract with the City, specific guidelines will apply. Pacific Harvest Catering. Pacific Harvest Catering includes 1 dinner plate per guest, utensils, water goblets, coffee mugs and servers. No outside catering companies are permitted. Renters may have the option to rent the kitchen (if available) and prepare their own food without th e services of an outside commercial caterer. Accessories such as plates and utensils are not included as part of the kitchen rental. Picnic Areas: Barbeque pits, electricity outlets and water are available. FOOD PREPARATION FOR SALE: Individuals or organizations may request permission to sell or collect donations for providing food services at the above locations. Permittee shall follow the procedures hereinafter set forth. It shall be the full responsibility of the individual or organization to contact San Luis Obispo County Environmental Health Services to determine the exact requirements pertinent to the type of use. 1. Individuals or organizations wishing to sell or collect donations for food services must submit an application for a permit to use a City facility a minimum of twenty (20) business days prior to the event. Applications may be obtained at the Atascadero City Hall, or online at www.atascadero.org. The sale of food or beverages on City property must not conflict with existing concessions or contracts already in place for City facilities. 2. The Director City Manager, or designee, shall approve or disapprove all requests for the sale or collection of donations for food services at City facilities. 3. If approved, the applicant will be required to contact San Luis Obispo County Environmental Health Services to receive a permit for food sales for a temporary event. 4. A copy of the San Luis Obispo County Environmental Health Services permit must be provided to the Department of Community Services Recreation Division a minimum of ten (10) business days prior to confirmation for use of the facility. Page 215 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 18 MAJOR SPECIAL EVENT PROCEDURES Individuals, organizations, or businesses may request the use of Atascadero Lake Park, Sunken Gardens Park, Stadium Park or the Veteran's Memorial for major special events. Applicants may request permission to hold a major special event by submitting an "Outdoor Facility Use Agreement Application." Applications describing the event details are to be submitted to Atascadero City Hall. DEFINITION OF MAJOR SPECIAL EVENT: The Director of Community Services City Manager, or designee, based on one or more of the following criteria may determine Major Special Event status: 1. Estimated attendance of over 250 people. 2. The event organizers will receive fees or donations. 3. Amplified music or entertainers will be present. 4. Paid entertainment will be present. 5. Food or alcoholic beverages are to be sold. 6. Special event involves special security or public safety controls. 7. Precludes any other uses at the Park or Facility. APPROVAL PROCESS: If Major Special Event Status is determined, it is at the discretion of the Director City Manager, or designee, to approve or deny the event application. Recommendations and comments will be sought from the Police, Fire and Public Works Departments and the Recreation Division prior to approval by the Director City Manager, or designee. If a group picnic area, the bandstand or the gazebo have already been reserved at the Atascadero Lake Park, the application may not be approved. STATE AND COUNTY REQUIREMENTS AND PERMITS: If approved, the applicant will be notified and a confirmed permit will be mailed. All approved major special events will be required to comply with all established local, County, and State laws and regulations including, but not limited to, food sales, alcohol beverage sales, and sales tax. FOOD SALES: Upon City approval, the applicant is responsible for acquiring all necessary food sales p ermits. A copy of the permit must be provided to the City of Atascadero and posted at the event. Food sales permits may be obtained from the County of San Luis Obispo Environmental Health Services. ALCOHOLIC BEVERAGE SALES: Please see Alcoholic Beverage Sales Policy, page 9. SALES TAX: Intended for applicants who sell any personal property that will require the application of sales or use tax. You may obtain information regarding the application of tax to your business by contacting the State Board of Equalization. It is the responsibility of the applicant to notify any and all vendors who may participate in the proposed special event about the sales tax requirements. CITY OF ATASCADERO REQUIREMENTS: In addition, by abiding to all pertinent State and County laws and regulations, the event holder must also abide by all applicable City ordinances, policies and procedures. Additional requirements may be applied at the discretion of the Director City Manager, or designee, and/or the Police or Fire Chief, or their designee. INFLATABLE BOUNCER POLICY (OUTDOOR FACILITIES): Please see Inflatable Bouncer Policy (Outdoor Facilities), page 10. BUSINESS LICENSE: The applicant is responsible to obtain a City of Atascadero Business License if any food, personal property, o r services will be sold. The applicant must provide a copy of their business license to the Community Services Department Recreation Division. Business licenses may be obtained at the Atascadero City Hall, Community Development Department. LIABILITY INSURANCE: The applicant is responsible for obtaining a comprehensive liability insurance policy in the amount of $1,000,000, listing the City of Atascadero as additionally insured. A certificate of insurance must be provided to the City of Atascadero at least ten (10) business days prior to the event. Page 216 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 19 PLOT PLAN/FACILITY DIAGRAM: It is the responsibility of the applicant to submit a plot plan of the proposed major special event depicting the approximate location of all activities, booths, vehicles, tables, and other related equipment, at least (20) business days prior to the event date. City staff will meet with the applicant to review the plan and make any necessary revisions. CLEAN-UP/TRASH DISPOSAL: It is the general policy of the City of Atascadero that the facility be returned in the same or better condition than received. It will be the responsibility of the event coordinator to remove all refuse generated by the major special event. Failure of the event holder to leave the park in a clean and un-littered condition may result in additional charges to applicant. At the discretion of the Director City Manager, or designee, a minimum of one commercial grade, three yard capacity, refuse container may be required to be provided by the event coordinator. The container(s) is to be delivered no more than two (2) days before the event and picked up no later than two (2) days following the event. Refuse containers may be obtained at Atascadero Waste Alternatives, (466-3636), located at 7625 San Luis Avenue, Atascadero. Confirmation of refuse container rental must be provided to the City at least (20) business days prior to the event date. Trash pickup and emptying of facility trash cans during and after the event will be the responsibility of the event holder. Recycling containers must also be provided at all approved major special events held at City facilities. The event holder is responsible for all fees associated with renting said equipment. PORTABLE SANITATION UNITS: At the discretion of the Director City Manager, or designee, portable sanitation units may be required at major special events conducted at City facilities. The number of portable sanitation units will be determined by the number of expected persons, length of event and the type of activity. A minimum of two portable sanitation units is to be provided at any event of 250 people or less. Two additional units will be required for every additional 250 persons expected. Portable sanitation units can be rented from several local companies, and confir mation of rental must be provided to the City no later than (20) business days prior to the event. The units are to be delivered no more than (2) days before the event, and must be picked up no later than (2) days after the event. The event holder is responsible for all fees associated with renting said equipment. SIGNAGE: All signs posted for major special events held at City facilities must conform to the City's sign ordinance and be approved in advance by the Director City Manager, or designee. Below is a brief outline of the guidelines regarding special event signage. 1. Signs will not be allowed that are off-site from the actual event. For example, signs in the Sunken Gardens cannot advertise an event at Atascadero Lake Park. 2. Signs providing directions to an event are not allowed. Directional signs are allowed only on the actual event site. 3. No signs can be posted on trees, utility poles, traffic signs, or any other traffic control devices. 4. Portable signs such as sandwich boards are not allowed. TEMPORARY BANNER(S): Please see Temporary Banner(s), pages 6-7. DECORATIONS: Attaching decorations to trees, signs, pole, buildings, tables, or other park equipment with nails, tacks, staples, or eyebolts is strictly prohibited. All decorations must be removed immediately after the event. SECURITY GUARDS : Any Major Special Event that includes amplified music will be required to have a minimum of (2) state certified security guards on site during the entire event for every 500 people expected. Additional security guards may be required at the discretion of the Director, or designee. Please note that amplified music is not allowed at Atascadero Lake Park, unless the Director, or designee, has granted permission. AMPLIFIED SOUND: Any Major Special Event that includes amplified sound may be required to have state certified security guards on site during the entire event. The number of security guards will be determined at the discretion of the Chief of Police. Page 217 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2 20 EQUIPMENT STORAGE: No equipment is to be stored at the facility, either prior to, or after the event. All delivery, set-up, tear-down, and removal of equipment must occur on the day of the event. The City of Atascadero will not be responsible for any equipment left at the facility. PARKING: At the discretion of the Director City Manager, or designee, special arrangements for parking such as off -site parking lots and shuttle service may be required. For all major special events at the Atascadero Lake Park, parking spaces may be reser ved exclusively for Charles Paddock Zoo visitors or Pavilion on the Lake. Parking lot attendants may be required. At no time can parking space be reserved exclusively for patrons of the Major Special Event. All City park facility parking spaces are to remain available for general public park use. Vehicles are not allowed onto grass areas unless the applicant receives permission from the Director City Manager, or designee. STREET CLOSURE: Any requests for road closure are to be listed on a Street Closure Request Form, available at Atascadero City Hall and submitted along with the special event application form and payment. Additional fees are required for street closures. Street closure requests must include suggested alternate routes, an emergency access plan, and proposed traffic controls. City staff will review street closure requests and determine appropriate process for approval (Code sections below). Applicant will be notified about any special traffic control requirements. 4-2.1501 Authority to Temporarily Close Streets. Pursuant to Vehicle Code Section 21101, subsection (e), the City Manager, or designate thereof, with the written concurrence of the Public Works Director, Fire Chief and Police Chief, may temporarily close a portion of any street, except a state highway, for celebrations, parades, local special events and other purposes when, in the opinion of the City Manager, or a designate thereof, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. (Ord. 92§ 1, 1984). 7-12.412 Road Closure or Interference with Street Use. All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the public or unreasonably interfere with, or cause inconvenience to, the occupants of adjoining property. At no time shall a street be temporarily closed or the use thereof be denied to the public, except by permission of the City Council or in the event the Council is unable to act in the time required by law, by the Engineer or his designee. (Ord. 438 § 4 (part), 2004: Ord. 332 § 2 (part), 1997) FEES AND CHARGES: All facility rental fees are due and payable upon submission of the rental application, unless otherwise authorized by the Director City Manager, or designee. Applications for use of City facilities will not be accepted without the submission of the Major Special Event Security Deposit Authorization Form. The Security Deposit Authorization Form is required to be filled out for all major special events. This Authorization Form is due upon reservation of the facility. If the facility is not returned clean and in its' original condition, the cost for any damages, additional staff time or extraordinary Police or Fire emergency services will be charged to the credit card listed on the form. ON-SITE STAFF SUPERVISION: At certain events, City staff may be assigned to assist at a rate of their fully allocated hourly rate. If applicable, this f ee must be paid prior to the event. EMERGENCY SERVICES: Any extraordinary police or fire services required as a result of the event (riot, etc.) may be charged (in full) to the even t organizer. FIRE DEPARTMENT PERMIT INSPECTION FEES: If a permit is required by the City of Atascadero Fire Department for inspection of the major special event site, specific fees may apply. Examples of permit inspection fees include, but are not limited to; inspection of tents over 200 square feet, inspection of circuses, and use of open flame in an assembly area. Any City equipment requested for the event will be charged to the applicant at the rate established in the City's facility rental policies and procedures. Page 218 ITEM NUMBER: C-1 DATE: 05/10/16 ATTACHMENT: 2