HomeMy WebLinkAboutCC_2018_05_08_AgendaPacket
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, May 8, 2018
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Sturtevant
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Fonzi
Council Member Bourbeau
Council Member Moreno
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
PRESENTATIONS:
1. Employee Service Awards
City Council Regular Session: 6:00 P.M.
Successor Agency to the Community Immediately following
Redevelopment Agency of Atascadero the conclusion of the City
Regular Session: Council Regular Session
Page 1 of 242
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be
routine and non-controversial by City staff and will be approved by one motion if no
member of the Council or public wishes to comment or ask questions. If comment
or discussion is desired by anyone, the item will be removed from the consent
calendar and will be considered in the listed sequence with an opportunity for any
member of the public to address the Council concerning the item before action is
taken.)
1. City Council Draft Action Minutes – April 24, 2018
Recommendation: Council approve the City Council Draft Action Minutes of
the April 24, 2018, City Council meeting. [City Clerk]
2. March 2018 Investment Report
Fiscal Impact: None
Recommendation: Council receive and file the City Treasurer’s report for
quarter ending March 2018. [Administrative Services]
3. Declaration of Consumer Price Index
Fiscal Impact: None.
Recommendation: Council adopt Draft Resolution declaring the San
Francisco-Oakland-Hayward Consumer Price Index to be used for rate
calculations for all assessment and special tax districts. [Administrative
Services]
4. Apple Valley Assessment Districts
Fiscal Impact: Annual assessments for 2018/2019 will total $28,000 for
road/drainage system maintenance and $73,500 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in
Apple Valley.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No. 01 (Apple Valley) for fiscal year
2018/2019.
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).
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
2018/2019, and to appoint a time and place for the public hearing on
these matters.
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 2018/2019
pursuant to the provisions of Part 2 of Division 15 of the California
Streets and Highways Code.
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 2018/2019.
Page 2 of 242
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 2018/2019,
and to appoint a time and place for the public hearing on these
matters. [Administrative Services]
5. De Anza Estates Assessment Districts
Fiscal Impact: Annual assessments for 2018/2019 will total $30,562 for
road/drainage system maintenance and $15,875 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in
De Anza Estates. The City General Fund will contribut e $1,400 for the fiscal
year 2018/2019 for half of the maintenance costs of the trails and open space.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No. 03 (De Anza Estates) for fiscal year
2018/2019.
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).
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
2018/2019, and to appoint a time and place for the public hearing on
these matters.
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
2018/2019 pursuant to the provisions of Part 2 of Division 15 of the
California Streets and Highways Code.
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
2018/2019.
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
2018/2019, and to appoint a time and place for the public hearing on
these matters. [Administrative Services]
6. Las Lomas (Woodridge) Assessment Districts
Fiscal Impact: Annual assessments for 2018/2019 will total $88,528 for
road/drainage system maintenance and $63,731 f or landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in
Las Lomas (Woodridge). The City General Fund will contribute $1,250 for the
fiscal year 2018/2019 for 25% of the maintenance costs of the trails and open
space.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Page 3 of 242
Drain Maintenance District No. 02 (Woodridge) for fiscal year
2018/2019.
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).
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
2018/2019, and to appoint a time and place for the public hearing on
these matters.
4. Adopt Draft Resolution D initiating proceedings for annua l levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 02 (Woodridge) for fiscal year 2018/2019
pursuant to the provisions of Part 2 of Division 15 of the California
Streets and Highways Code.
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 2018/2019.
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 2018/2019,
and to appoint a time and place for the public hearing on these
matters. [Administrative Services]
7. East Front Street Pavement Rehabilitation Construction Award
Fiscal Impact: The project is included in the FY 2017-2019 budget for
$300,000.00 in local transportation funds.
Recommendations: Council:
1. Award a construction contract for $224,000 to Souza Construction
Inc. for the East Front Street Pavement Rehabilitation Project
(Project No. C2016R03, Bid No. 2018-002).
2. Authorize the City Manager to execute a contract with Souza
Construction, Inc. in the amount of $224,000 for the construction of
the East Front Street Pavement Rehabilitation Project.
3. Authorize the Director of Public Works to file a Notice of Completion
with the County Recorder upon satisfactory completion of the project.
[Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
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.)
Page 4 of 242
B. PUBLIC HEARINGS:
1. Weed Abatement – Hearing of Objections
Ex-Parte Communications:
Fiscal Impact: None. Costs of the weed abatement program are recovered
through the assessments charged to non-compliant parcels that must be
abated by the City Contractor.
Recommendations: Council:
1. Hear all objections to the proposed removal of vegetative growth and/or
refuse and allow or overrule any objections.
2. Authorize the Fire Chief to proceed and perform the work of abatement.
[Fire Department]
C. MANAGEMENT REPORTS:
1. Consideration of Cannabis Tax Measure
Fiscal Impact: None.
Recommendation: Council direct staff to bring back a resolution and
ordinance to place a measure, imposing a tax on commercial cannabis
activities, on the November 2018 ballot for citizen consideration.
[Administrative Services]
2. Agreement Authorizing the Repayment of Loans made from the City to the
Redevelopment Agency
Fiscal Impact: This action by the City Council will provide repayment to the
City in the amount of $180,000 in Fiscal Year 2019-20.
Recommendation: Council adopt resolution approving an “Agreement
Regarding Reinstatement of Loans,” between the City of Atascadero and the
Successor Agency to the Redevelopment Agency of the City of Atascadero
authorizing the repayment of loans made from the City to the Redevelopment
Agency and, following approval by the Oversight Board to the Successor
Agency, direct the City Manager to execute the agreement.. [Administrative
Services]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities. Council
Members may ask a question for clarification, make a referral to staff or take action to have
staff place a matter of business on a future agenda. The Council may take action on ite ms
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. SLO Council of Governments (SLOCOG)
4. SLO Regional Transit Authority (RTA)
5. Integrated Waste Management Authority (IWMA)
6. Ad Hoc Animal Shelter Committee
Page 5 of 242
Mayor Pro Tem 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. Atascadero Basin Ground Water Sustainability Agency (GSA )
6. Ad Hoc Animal Shelter Committee
Council Member Bourbeau
1. City of Atascadero Design Review Committee
2. Homeless Services Oversight Council
3. City of Atascadero Finance Committee
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member 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 Sturtevant
1. City / Schools Committee
2. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN
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, o r
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, Amanda Muther, Deputy City Clerk of the City of Atascadero, declare under penalty of perjury that the foregoing agenda for the
May 8, 2018 Regular Session of the Atascadero City Council was posted on May 2, 2018, at the Atascadero City Hall,
6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location.
Signed this 2nd day of May 2018, at Atascadero, California.
Amanda Muther, Deputy City Clerk
City of Atascadero
Page 6 of 242
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 numb er 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 t he minutes and available for review in the City
Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with
the Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to 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 notify the City Clerk's office at least 24 hours prior to the meeting. Digital
presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a
printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to
announce your presence and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give
their report, and the Council will ask questions of staff. The Mayor will announce when the 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 thereafter, no further public comments will
be heard by the Council.
Page 7 of 242
ITEM NUMBER: A-1
DATE: 05/08/18
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, April 24, 2018
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
CITY COUNCIL CLOSED SESSION:
Mayor O’Malley called Closed Session to order at 5:30 p.m.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Professional Firefighters, Local 3600;
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: 5:30 P.M.
City Council Regular Session: 6:00 P.M.
Page 8 of 242
ITEM NUMBER: A-1
DATE: 05/08/18
ADJOURNMENT
The City Attorney reported that there was no reportable action.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:06 p.m. and Council Member Moreno led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem
Fonzi and Mayor O’Malley
Absent: None
Staff Present: City Manager Rachelle Rickard, Public Works Director Nick DeBar,
Police Chief Jerel Haley, Fire Chief Casey Bryson, City Attorney Brian
Pierik and Deputy City Manager/City Clerk Lara Christensen
APPROVAL OF AGENDA:
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Fonzi to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Presentation from SLOCOG/Rideshare about Bike to School Day
(May 9th) and Bike to Work Day (May 18th) by Peter Williamson
Peter Williamson, Outreach Coordinator, gave the presentation.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – April 10, 2018
Recommendation: Council approve the City Council Draft Action Minutes of
the April 10, 2018, City Council meeting. [City Clerk]
Page 9 of 242
ITEM NUMBER: A-1
DATE: 05/08/18
2. March 2018 Accounts Payable and Payroll
Fiscal Impact: $2,290,400.74
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for March 2018. [Administrative Services]
MOTION: By Mayor Pro Tem Fonzi and seconded by Council Member
Sturtevant to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Karen McNamara, Derek Kirk,
Frank, and Katrina Porter (Exhibit A)
Mayor O’Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS: None.
COUNCIL ANNOUNCEMENTS AND REPORTS:
1. Mayor Tom O’Malley
Discussion and request Council direction regarding polystyrene foam
(Styrofoam).
Gavin Hughes, Wilderness Club of Paso Robles High School, gave a presentation to the
City Council on expanded polystyrene foam (Exhibit B).
Kevin Iler, Chicago Grade Landfill, gave a presentation on modern landfills and the
protections in place for human health and welfare (Exhibit C).
PUBLIC COMMENT:
The following citizens spoke on this item: Students from Mrs. Black’s Class at Santa
Margarita Elementary School (Exhibit D), Marty Brown, Ellen Beraud, Geneva Putnam,
Janine Rands, Robert Skinner, Christina Asdel Cisneros, Lee Perkins (Exhibit E), Davin
Latner, Deborah Skinner, Alexia Anastasia, Ian Skinner, Frank, Bill Ostrander and Tom
Comar
Mayor O’Malley closed the Public Comment period.
Page 10 of 242
ITEM NUMBER: A-1
DATE: 05/08/18
Following discussion by the City Council, Mayor O’Malley will provide strong direction from
the City Council to the Integrated Waste Management Authority (IWMA ) to work on a
countywide ordinance banning polystyrene within San Luis Obispo County, provide
information and education regarding polystyrene throughout the county, that IWMA set
realistic goals to cycle out polystyrene, and that IWMA be the enforcement arm and
monitoring agency for determining success and adherence to the ban throughout the
county.
MOTION: By Mayor O’Malley and seconded by Council Member Sturtevant to
directed the City Manager’s Office to draft a letter for delivery to
IWMA supporting an IWMA countywide ordinance banning
polystyrene, avoiding piecemeal legislation throughout the county,
and requesting that the ordinance includes IWMA providing:
1. Information regarding polystyrene in order to build public
understanding and support regarding a polystyrene ban
2. Education for the public and businesses impacted by the ban
3. Monitoring to determine success of the ban
4. Realistic goals for the removal of polystyrene throughout the
county
5. Enforcement of the ban much like they do with plastic bags
6. Common sense, realistic fines for those found to be in violation
of the ban
Motion passed 5:0 by a roll-call vote
D. COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since their
last Council meeting:
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Ad Hoc Animal Shelter Committee
Mayor Pro Tem Fonzi
1. SLO Local Agency Formation Commission (LAFCo)
Council Member Bourbeau
1. City of Atascadero Design Review Committee
Council Member Moreno
1. Economic Vitality Corporation, Board of Directors (EVC)
Council Member Sturtevant
1. City / Schools Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None.
Page 11 of 242
ITEM NUMBER: A-1
DATE: 05/08/18
F. ADJOURN
Mayor O’Malley adjourned the meeting at 8:41 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
The following exhibits are available for review in the City Clerk’s office:
Exhibit A – Massage Therapist concerns provided by Katrina Porter.
Exhibit B – PowerPoint Presentation given by Gavin Hughes, Wilderness Club of Paso Robles High.
Exhibit C – PowerPoint Presentation given by Kevin Iler, Chicago Grade Landfill.
Exhibit D – Letter to Ms. Mayhew read by students from Mrs. Black’s Class.
Exhibit E – Signatures in support of a polystyrene ban in Atascadero submitted by Lee Perkins.
Page 12 of 242
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ITEM NUMBER: A-3
DATE: 05/08/18
Atascadero City Council
Staff Report – Administrative Services Department
Declaration of Consumer Price Index
RECOMMENDATION:
Council adopt Draft Resolution declaring the San Francisco-Oakland-Hayward
Consumer Price Index to be used for rate calculations for all assessment and special
tax districts.
DISCUSSION:
The City has seven assessment/special tax districts which utilize the Consumer Price
Index (CPI) to determine the maximum tax amounts. The districts include:
1. Community Facilities District
2. De Anza Estates Benefit Assessment District
3. De Anza Estates Landscape and Lighting District
4. Apple Valley Benefit Assessment District
5. Apple Valley Landscape and Lighting District
6. Las Lomas Benefit Assessment District
7. Las Lomas Landscape and Lighting District
The approved CPI for these districts is determined by the Bureau of Labor Statics (BLS)
and is currently the San Francisco-Oakland-San Jose CPI (Prior CPI). The BLS
introduced new geographic area samples in January 2018 which removed Napa, Santa
Clara, Santa Cruz, Sonoma, and Solano counties from the Prior CPI and renamed the
Prior CPI to San Francisco-Oakland-Hayward CPI.
In the event that the BLS revises or discontinues the index used to calculate the special
tax rates, the Council shall authorize a revised or comparable index for determining
such calculations.
Staff recommends that Council adopt the attached resolution approving the use of the
San Francisco-Oakland-Hayward CPI to calculate the maximum tax amounts for the
districts listed above.
Page 26 of 242
ITEM NUMBER: A-3
DATE: 05/08/18
FISCAL IMPACT:
None.
ATTACHMENT:
Draft Resolution
Page 27 of 242
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
05/08/18
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING THE CPI TO BE USED
FOR RATE CALCULATION FOR ALL
ASSESSMENT/SPECIAL TAX DISTRICTS
WHEREAS, the City Council previously completed proceedings to establish various
assessment/special tax districts (“Districts”); and
WHEREAS, the assessment/special tax formula for the Districts calls for annual increases
to assessment/special tax rates based upon changes in the San Francisco-Oakland-San Jose CPI
(“Prior CPI”) as of February for assessment rates and as of April for special tax rates; and
WHEREAS, the Bureau of Labor Statistics (“BLS”) introduced new geographic area
samples in January 2018 which removed Napa, Santa Clara, Santa Cruz, Sonoma, and Solano
counties from the Prior CPI and renamed the Prior CPI to San Francisco-Oakland-Hayward CPI;
and
WHEREAS, the City Council wishes to formally acknowledge this change for purposes of
computing future assessment/special tax rates.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. The City Council declares the San Francisco-Oakland-Hayward CPI as of
February will be used for the purposes of computing annual changes in the assessment rates for the
assessment Districts and April for the special tax rate Districts.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
Page 28 of 242
ITEM NUMBER: A-3
DATE:
ATTACHMENT:
05/08/18
1
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 29 of 242
ITEM NUMBER: A-4
DATE: 05/08/18
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 2018/2019.
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).
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 2018/2019, and to appoint a time and place for
the public hearing on these matters.
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 2018/2019 pursuant to the provisions of Part 2 of Division
15 of the California Streets and Highways Code.
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 2018/2019.
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 2018/2019, and to appoint a time and place
for the public hearing on these matters.
REPORT-IN-BRIEF:
The City Council formed and began assessing Atascadero Street and Storm Drain
Maintenance District No. 01 (Apple Valley) in 2005. This district was formed to provide
funding for future routine maintenance of the streets, storm drains and sidewalks in the
Apple Valley subdivision.
Page 30 of 242
ITEM NUMBER: A-4
DATE: 05/08/18
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 12, 2018 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 2018/2019 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
3.6% this year for both districts. City staff held a neighborhood meeting to receive input
from property owners. The property owners in attendance requested an assessment of
about 65% of the allowable maximum annual assessments for the Landscaping and
Lighting District, and about 54% for the Street and Storm Drain District.
Amount Per EBU
Maximum Assessment
Fiscal Year 2018-19
Amount Per EBU
Proposed Assessment
Fiscal Year 2018-19
District
Atascadero Street and Storm Drain
Maintenance District No. 01 Apple Valley
Atascadero Landscaping and Lighting
Maintenance District No. 01 Apple Valley
739.52$
1,616.08$
400.00$
1,050.00$
FISCAL IMPACT:
Annual assessments for 2018/2019 will total $28,000 for road/drainage system
maintenance and $73,500 for landscape and lighting maintenance. These amounts will
be assessed to the owners of parcels in Apple Valley.
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 2018/2019
Page 31 of 242
ITEM NUMBER: A-4
DATE: 05/08/18
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 2018/2019, 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
2018/2019 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 2018/2019 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 2018/2019
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 2018/2019
8. Engineer’s Annual Levy Report- for the levy and collection of fiscal year
2018/2019 assessments for Atascadero Landscaping and Lighting District No. 01
(Apple Valley)
Page 32 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
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 2018/2019
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
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.
Page 33 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
1
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 34 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
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.
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 2018/2019.
Page 35 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
2
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.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 36 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
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 2018/2019, 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 2018/2019 (July 1, 2018 and ending June 30, 2019) 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
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.
Page 37 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
3
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 12, 2018 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. At the Public Hearing, all interested persons shall be given an opportunity to hear and
be heard on the proposed assessment to be levied for fiscal year 2018/2019 as contained in the
Engineer’s Report on file in the City Clerk’s Office.
SECTION 6. The City Clerk shall give notice of the filing of the report and the time and
place of the Public Hearing by publishing in a local newspaper one time at least 10 days prior to the
Public Hearing.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 38 of 242
OFFICE LOCATIONS:
Temecula – Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
San Francisco – Regional Office
870 Market Street, Suite 1223
San Francisco, CA 94102
California Satellite Offices
Atascadero, Davis
Huntington Beach,
Joshua Tree, Riverside
Sacramento, San Jose
www.nbsgov.com
Prepared by:
Street and Storm Drain Maintenance
District No. 01 (Apple Valley)
2018/19 Engineer’s Report
May 2018
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 39 of 242
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
Roberta Fonzi, Mayor Pro Tem
Charles Bourbeau, Council Member
Heather Moreno, 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
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 40 of 242
TABLE OF CONTENTS
Engineer’s Letter .......................................................................................................... 1-1
Executive Summary ..................................................................................................... 2-1
Plans and Specifications ............................................................................................... 3-1
Benefiting Properties within the District .................................................................... 3-1
Funding Authorized by The 1982 Act ......................................................................... 3-1
Description of Improvements and Services ................................................................ 3-1
Estimate of Costs ......................................................................................................... 4-1
Method of Assessment ................................................................................................ 5-1
General .................................................................................................................... 5-1
Benefit Analysis ........................................................................................................ 5-1
Assessment Methodology ......................................................................................... 5-2
Assesssment Range Formula ..................................................................................... 5-5
Assessment Diagram .................................................................................................... 6-1
Assessment Roll ........................................................................................................... 7-1
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 41 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 1-1
ENGINEER’S LETTER
WHEREAS, on March 24, 2005 by Resolution No. 2005-042, the City Council of the City of Atascadero (the
”City”), State of California, in accordance with and pursuant to the provisions of the Benefit Assessment Act
of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter
referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the
California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), established
the City of Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) (the “District”);
and
WHEREAS, on May 8, 2018, 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 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 2018/19:
FY 2018/19 Summary of Assessment
Description Amount
Estimated Annual Costs $20,587
Capital Reserve Collection/(Uses) 24,090
Levy Adjustments (16,677)
Balance to Levy $28,000
Fiscal Year 2018/19 Maximum Rate $739.52
Fiscal Year 2018/19 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.
City Engineer
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 42 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 2-1
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 2018/19.
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.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 43 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 2-2
The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and
the assessment range formula presented and described herein; therefore, the City Council approved the
Report (as submitted or amended), ordered the formation of the District, and approved the levy and
collection of assessments. The assessments for fiscal year 2005/2006 were submitted to the San Luis Obispo
County Auditor/Controller for inclusion on the property tax roll for each parcel.
Each subsequent fiscal year, a Report shall be prepared and presented to the City Council describing any
changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and
the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering
the proposed levy of assessments. If the proposed assessments for the District exceed the maximum
assessment described herein (as approved by the property owners), the new or increased assessment must
be confirmed through another property owner protest ballot proceeding before such an assessment may be
imposed. It should be noted that an increased assessment to an individual property resulting from changes
in development or land use does not constitute an increased assessment.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 44 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 3-1
PLANS AND SPECIFICATIONS
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.
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.
Description of Improvements and Services
The purpose of this District is to fund the activities necessary to maintain and service the local streets and the
drainage and flood control systems constructed and installed in connection with development of properties
within the residential subdivision known as Apple Valley, Tract 2495 pursuant to approved development plans
and agreements. The improvements may consist of all or a portion of the public streets, drainage and flood
control facilities associated with Tract 2495 and the maintenance of these improvements may include but are
not limited to the materials, equipment, labor, and incidental expenses deemed necessary to keep these
improvements in satisfactory condition.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 45 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 3-2
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;
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
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
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2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 3-3
replacements or reconstruction. Although the District assessments will provide funding for regular
maintenance and servicing of the improvements that will extend the useful life of the street
improvements, the assessments are not intended to fund major replacements or reconstruction of the
street surfaces or adjacent improvements such as curbs, gutters, or driveway approaches. The costs
of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt;
and replacement of curbs, gutters, driveway approaches, and sidewalks is significantly more than the
amount that can reasonably be collected annually under the provisions of the 1982 Act. When such
repairs or activities are deemed necessary, the City will consider various financing options including
new or increased assessments for property owner approval.
The Public Works Department shall authorize the operational activities and maintenance of the public street
and right-of-way improvements, facilities, and services that may include, but are not limited to:
Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters;
Annual inspection of street surface and repair of potholes and surface cracks as needed;
Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once
every five years);
Periodic re-striping of traffic lanes, bike lanes, street parking areas, crosswalks, and intersections
(typically in conjunction with slurry or overly activities);
Graffiti abatement of public improvements within the street 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
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
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2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 3-4
the District boundaries) but may also include off-site improvements such as water treatment equipment,
facilities or services mandated or required by Federal, State, or County regulations for water pollution control.
The annual assessments for this District are intended to support a storm drain and flood control
maintenance program that will adequately regulate and control storm water runoff resulting from the
development of properties within the District. This maintenance program may include but is not limited to:
inspection and documentation of the system; cleaning, servicing, or repair of the facilities and equipment; and
the partial replacement or rehabilitation of equipment and facilities. The storm drain and flood control system
includes but is not limited to:
Approximately 30,050 square feet of drainage basin area;
Twenty-eight (28) inlets, outlets, and manholes located throughout Tract 2495;
Approximately 2,100 linear feet of storm drain pipe ranging from 18 inches to 42 inches in diameter.
The Public Works Department shall authorize and schedule the operational activities and maintenance of the
storm drain and storm water pollution treatment infrastructure, facilities, and services that may include, but
are not limited to:
Cleaning of storm drain inlets, catch basins, manholes, and pipes as needed;
Stencil maintenance and documentation of facilities as required by Federal, State, or County
regulations;
Cleaning and landscape maintenance of the drainage basins, bio-filter areas or channel ways as
needed;
Debris removal and pest control in and around the storm drain facilities as needed;
Minor repairs and maintenance of the storm drain inlets, catch basins, and outlets as needed;
Street sweeping services necessary to control debris and water flow for the storm drain system;
and,
The operational costs related to NPDES compliance requirements.
A portion of the services described above are not performed on an annual basis but rather on a periodic basis
such as minor repairs to the storm drain inlets, catch basins, and outlets, and the funds necessary for these
activities are collected in installments as part of the annual assessments. The monies collected each year for
these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund).
The monies accumulated for these activities shall be spent as needed to perform the services deemed
necessary by the City. This process of accumulating funds (installments) shall continue until such time the
District is dissolved; or the City determines that such funding procedures require modification. Changes in the
process of accumulating funds that would result in an increase to the annual assessment rate must be
presented to the property owners for approval prior to imposing such an increase.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 48 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 4-1
ESTIMATE OF COSTS
BUDGET FY 2018/19
DIRECT COSTS
Street, Roads & Storm Drain Improvements
Street Sweeping Services $1,600
Inspection & Operational Services - Roads, Drainage 13,600
Total Annual Direct Costs $15,200
ADMINISTRATION EXPENSES
City Annual Administration $2,000
Engineer's Report & Services 3,087
Public Noticing 300
Total Annual Administration Costs $5,387
TOTAL DIRECT & ADMINISTRATION COSTS $20,587
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 ($4,207)
Interest Income - Operating Reserve Fund (143)
Improvement Fund Reserve Fund Collection/(Use) (12,327)
Total Levy Adjustments ($16,677)
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 739.52
FUND BALANCE INFORMATION
Beginning Operating Reserve Balance $13,381
Operational Reserve Interest 143
Use of Operational Reserve Interest (143)
Operational Reserve Collection/(Use) 0
Estimated Ending Operating Reserve Balance $13,381
Beginning Improvement Fund Balance $380,550
Improvement Fund Interest 4,207
Use of Improvement Fund Interest (4,207)
Improvement Fund Collection/(Use) 12,327
Estimated Ending Improvement Fund Balance $392,877
(1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 49 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 5-1
METHOD OF ASSESSMENT
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.
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
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
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City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 5-2
within the District and the absence of adequate maintenance and servicing of the District improvements could
eventually have a negative impact on properties within the District.
Although the improvements may include public streets and storm drain facilities that connect to similar
facilities outside the District boundaries, it is clear that the construction and installation of these improvements
were only necessary for the development of properties within the District. As such, these improvements were
not required nor necessarily desired by any properties or developments outside the District boundary and any
public access or use of the improvements by others is incidental. Therefore, it has been determined that the
ongoing maintenance, servicing and operation of the District improvements provide no measurable general
benefit to properties outside the District or to the public at large, but clearly provide distinct and special
benefits to properties within the District. Any improvement or portion thereof (particularly off-site storm drain
facilities) that may be considered general benefit shall be funded by other revenue sources and not included
as part of the special benefit assessments allocated to properties within this District. However, the costs
associated with installation or improvement of any off-site facilities that benefit the parcels within this
District as well as other properties (shared benefit) may be allocated to the parcels within the District based
on their proportional special benefit from such improvements.
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.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 51 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 5-3
EBU Application by Land Use:
(1) Single-family Residential — This land use is defined as a fully subdivided residential home site with
or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value
that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”).
(2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has
more than one residential unit developed on the property. (This land use typically includes
apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or
mobile-home parks). Based on average population densities and size of the structure as compared
to a typical single-family residential unit, multi-family residential parcels shall be proportionately
assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although
multi-family properties typically receive similar benefits to that of a single-family residential, it
would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have
consistently shown that the average multi-family unit impacts infrastructure approximately 75% as
much as a single-family residence (Sample Sources: Institute of Transportation Engineers
Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering
Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public
improvements and infrastructure are utilized and impacted at reduced levels by multi-family
residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is
also reasonable to conclude that as the density (number of units) increases; the proportional
benefit per unit tends to decline because the unit size and people per unit usually decreases.
Based on these considerations and the improvements provided by this District, an appropriate
allocation of special benefit for multi-family residential properties as compared to a single- family
residential property is best represented by the following special benefit assignment: 0.75 EBU per
unit for the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for
the remaining units.
(3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of
both single-family residential and multi-family residential properties and for this reason are
identified as a separate land use classification. Like most single-family residential properties, these
properties are not usually considered rental property and generally, the County assigns each unit a
separate APN or assessment number. However, condominiums and town-homes often have
similarities to multi-family residential properties in that they are generally zoned medium to high
density and in some cases may involve multiple units on a single APN. In consideration of these
factors it has been determined that an appropriate allocation of special benefit for condominiums,
town-homes, and similar residential properties is best represented by an assignment of 0.75
EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple
units assigned to an APN. (There is no adjustment for parcels with more than five units).
(4) 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
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
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City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 5-4
that reflects the development of that property at build-out. (The EBU assigned to each parcel shall
represent the combination of single-family, condominium, multi-family units to be developed).
(5) Vacant Residential — This land use is defined as property currently zoned for residential
development, but a tentative or final tract map for the property has not yet been approved. Based
upon the opinions of professional appraisers who appraise market property values for real estate
in California, the land value portion of a property typically ranges from 20 to 30 percent of the
total value of a developed residential property (the average is about 25 percent). Although the
assessed value of an individual property is not a direct reflection of the property’s special benefit,
this general correlation between land value and structure value does provide a reasonable basis for
apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent
(25%) apportionment and the number of single-family residential units typically developed per acre
of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.0 EBU per acre (4
units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for
vacant residential properties. Recognizing that the full and timely utilization of vacant property is
reduced as the size of the property increases, it has been determined that the maximum EBU
assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres
are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar
to a vacant lot within a residential tract).
(6) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0
EBU. This land use classification may include but is not limited to:
Lots or parcels identified as public streets and other roadways (typically not assigned an APN by
the County);
Dedicated public easements including open space areas, utility rights-of- way, greenbelts,
parkways, parks, or other publicly owned properties that are part of the District improvements or
may provide other benefits to private properties within the District.;
Private properties that cannot be developed independently from an adjacent property, such as
common areas, sliver parcels, or bifurcated lots or properties with very restrictive development use.
These types of parcels are considered to receive little or no benefit from the improvements and are
therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to
confirm the parcels current development status. Government owned properties or public properties are not
necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an
exempt status.
(7) Special Cases — In many districts where multiple land use classifications are involved, there are
usually one or more properties for which the standard land use classifications do not
accurately identify the special benefits received from the improvements. For example, a parcel
may be identified as a Vacant Residential property, however only a small percentage of the parcel’s
total acreage can actually be developed. In this case, an appropriate calculation would be based on
the net acreage that can be utilized rather than the gross acreage of the parcel
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 53 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 5-5
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
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
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 54 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 5-6
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. In January 2018, BLS introduced a new geographic area sample for the CPI. As
part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San
Francisco-Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San
Francisco, San Mateo Counties in the State of California. This CPI will be used going forward.
Beginning with fiscal year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate has been
recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment
Range Formula described above. The Maximum Assessment Rate is calculated independent of the District’s
annual budget and proposed assessment. The annual percentage change in CPI is based on available data
provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared.
Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index,
the City shall use the revised index or comparable system as approved by the City Council for determining
fluctuations in the cost of living. In January 2018, BLS introduced a new geographic area sample for the CPI. As
part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-
Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San
Mateo Counties in the State of California. This CPI will be used going forward.
Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum
Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly
greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of
apportionment that increase the proportional special benefit assigned to a particular land use classification
would be considered an increased assessment. Conversely, reductions in the proportional special benefit
assigned to a land use classification is permitted. Changes in land use or size of an individual property resulting
in an assessment increase, are not considered an increased assessment.
To impose a new or increased assessment other than the annual inflationary adjustment provided by
the preceding Assessment Range Formula, the City must comply with the provisions of the California
Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including
mailed notice of the public hearing and property owner protest balloting. Property owners through the
balloting process must approve a proposed new or increased assessment before such an assessment may
be imposed.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 55 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 6-1
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.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
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ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 57 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 01 (Apple Valley) 7-1
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.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 58 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
049-191-039 0 -$ -$
049-191-040 0 - -
049-191-041 0 - -
049-192-001 1 739.52 400.00
049-192-002 1 739.52 400.00
049-192-003 1 739.52 400.00
049-192-004 1 739.52 400.00
049-192-005 1 739.52 400.00
049-192-006 1 739.52 400.00
049-192-007 1 739.52 400.00
049-192-008 1 739.52 400.00
049-192-009 1 739.52 400.00
049-192-010 1 739.52 400.00
049-192-011 1 739.52 400.00
049-192-012 1 739.52 400.00
049-192-013 1 739.52 400.00
049-192-014 1 739.52 400.00
049-192-015 1 739.52 400.00
049-192-016 1 739.52 400.00
049-192-017 1 739.52 400.00
049-192-018 1 739.52 400.00
049-192-019 1 739.52 400.00
049-192-020 1 739.52 400.00
049-192-021 1 739.52 400.00
049-192-022 1 739.52 400.00
049-193-001 1 739.52 400.00
049-193-002 1 739.52 400.00
049-193-003 1 739.52 400.00
049-193-004 1 739.52 400.00
049-193-005 1 739.52 400.00
049-193-006 1 739.52 400.00
049-193-007 1 739.52 400.00
049-193-008 1 739.52 400.00
049-193-010 1 739.52 400.00
049-193-011 1 739.52 400.00
049-193-012 1 739.52 400.00
049-193-013 1 739.52 400.00
CITY OF ATASCADERO
Street and Storm Drain Maintenance District No. 01
(Apple Valley)
Fiscal Year 2018/2019 Assessment Roll
helping communities fund tomorrow
www.nbsgov.com | 800.676.7516 5/1/2018 Page 1 of 2
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 59 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
049-193-014 1 739.52 400.00
049-193-015 1 739.52 400.00
049-193-016 1 739.52 400.00
049-193-017 1 739.52 400.00
049-193-018 1 739.52 400.00
049-193-019 1 739.52 400.00
049-193-020 1 739.52 400.00
049-193-021 1 739.52 400.00
049-193-022 1 739.52 400.00
049-193-023 1 739.52 400.00
049-193-024 1 739.52 400.00
049-193-025 1 739.52 400.00
049-193-026 1 739.52 400.00
049-193-027 1 739.52 400.00
049-193-028 1 739.52 400.00
049-193-029 1 739.52 400.00
049-193-030 1 739.52 400.00
049-193-031 1 739.52 400.00
049-193-032 1 739.52 400.00
049-193-033 1 739.52 400.00
049-193-034 1 739.52 400.00
049-193-035 1 739.52 400.00
049-193-036 1 739.52 400.00
049-193-037 1 739.52 400.00
049-193-038 1 739.52 400.00
049-193-039 1 739.52 400.00
049-193-040 1 739.52 400.00
049-193-041 1 739.52 400.00
049-193-042 1 739.52 400.00
049-193-043 1 739.52 400.00
049-193-044 1 739.52 400.00
049-193-045 1 739.52 400.00
049-193-046 1 739.52 400.00
049-193-047 1 739.52 400.00
049-193-048 1 739.52 400.00
049-193-049 0 - -
049-193-051 1 739.52 400.00
Totals 70 51,766.40$ 28,000.00$
(1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls.
helping communities fund tomorrow
www.nbsgov.com | 800.676.7516 5/1/2018 Page 2 of 2
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 4
Page 60 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
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 2018/2019 PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE
The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds,
determines, resolves and orders as follows:
WHEREAS, the City Council has, by previous Resolutions, formed the Atascadero
Landscaping and Lighting Maintenance District No. 01 (Apple Valley) (hereafter referred to as
“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of
Division 15 of the Streets and Highways Code of California, beginning with Section 22500
(hereafter referred to as the “Act”) that provides for levy and collection of assessments by the
County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of
lighting facilities, landscaping, and appurtenant facilities and operations related thereto; and
WHEREAS, the District and the associated assessments are in compliance with the
provisions of California Constitution Article XIIID; and
WHEREAS, the City Council has retained NBS for the purpose of assisting with the
Annual Levy of the District and to prepare and file a report with the City Clerk in accordance
with the Act.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. Engineer’s Annual Levy Report: The City Council hereby orders NBS
to prepare the Engineer’s Annual Levy Report concerning the levy of assessments for the District
in accordance with Chapter 3, Section 22622 of the Act.
SECTION 2. Proposed Improvements and Any Substantial Changes in Existing
Improvements: The improvements within the District include the ongoing operation,
administration, maintenance, servicing and incidental expenses related to the dedicated landscape
areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were
installed as part of property development and associated with the District. Said improvements may
include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and
expenses necessary for the ongoing maintenance and operation of public street lighting as well as
landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and
other designated easements or right-of-ways constructed and installed as part of the development
plans and agreements approved for the development of each lot and parcel within the District. The
Page 61 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
5
Engineer's Annual Levy Report describes any new improvements or substantial changes in existing
improvements.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 62 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
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 2018/2019
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 2018/2019.
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 63 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
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.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 64 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
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 2018/2019
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 2018/2019 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 2018/2019 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 2018/2019.
Page 65 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
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 2018/2019, 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 12, 2018, at 6:00 p.m., at the City Council Chambers,
6500 Palma Avenue, Atascadero, California or as soon thereafter as feasible. At the Public
Hearing, all interested persons shall be given an opportunity to hear and be heard on the proposed
assessment to be levied for fiscal year 2018/2019 as contained in the Engineer’s Report on file in
the City Clerk’s Office.
SECTION 8. The City Clerk shall 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 by publishing this Resolution of Intention in a local newspaper one
time at least 10 days prior to the Public hearing.
Page 66 of 242
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
05/08/18
7
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 67 of 242
OFFICE LOCATIONS:
Temecula – Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
San Francisco – Regional Office
870 Market Street, Suite 1223
San Francisco, CA 94102
California Satellite Offices
Atascadero, Davis
Huntington Beach,
Joshua Tree, Riverside
Sacramento, San Jose
www.nbsgov.com
Prepared by:
Landscaping and Lighting District
District No. 01 (Apple Valley)
2018/19 Engineer’s Report
May 2018
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 68 of 242
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
Roberta Fonzi, Mayor Pro Tem
Charles Bourbeau, Council Member
Heather Moreno, 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
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 69 of 242
TABLE OF CONTENTS
Engineer’s Letter .......................................................................................................... 1-1
Executive Summary ..................................................................................................... 2-1
Plans and Specifications ............................................................................................... 3-1
Description of the District ......................................................................................... 3-1
Improvements and Services Authorized by The 1972 Act ............................................ 3-1
Description of Improvements and Services ................................................................ 3-1
Estimate of Costs ......................................................................................................... 4-1
Method of Assessment ................................................................................................ 5-1
General .................................................................................................................... 5-1
Benefit Analysis ........................................................................................................ 5-1
Assessment Methodology ......................................................................................... 5-2
Assesssment Range Formula ..................................................................................... 5-6
Assessment Diagram .................................................................................................... 6-1
Assessment Roll ........................................................................................................... 7-1
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 70 of 242
City of Atascadero
2018/19 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 1-1
ENGINEER’S LETTER
WHEREAS, on March 24, 2005 by Resolution No. 2005-045, the City Council of the City of Atascadero (the
“City”), State of California, in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part
2, Division 15 of the California Streets and Highways Code (commencing with Section 22500 (the “1972
Act”) established the City of Atascadero Landscaping and Lighting District No. 01 (Apple Valley) (the
“District”); and
WHEREAS, on May 8, 2018, 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 2018/19:
FY 2018/19 Budget Summary
Description
Total
Costs
Costs Not
Assessed
Proposed
Assessment
Total
Benefit
Units
Maximum
Rate
Proposed
Rate
Per BU
Annual Maintenance $78,215 $9,645 $68,570
Administration 6,250 0 6,250
Levy Adjustments (10,965) (9,645) (1,320)
Total $73,500 $0 $73,500 70 $1,616.08 $1,050.00
I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge,
information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been
prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and
ordered by the City Council of the City of Atascadero and the 1972 Act.
City Engineer
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 71 of 242
City of Atascadero
2018/19 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 2-1
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 2018/19, as required pursuant to Chapter 1, Article 4 of
the 1972 Act.
The City Council formed the District, and provided for the levy and collection of annual assessments on the
County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the
landscaping and lighting improvements associated with and resulting from the development of properties
within the District. The improvements to be provided by the District and the assessments described herein
are made pursuant to the 1972 Act and the substantive and procedural provisions of Article XIIID.
This Report describes the District, the improvements, and the proposed assessments to be levied against
properties in connection with the special benefits the properties will receive from the maintenance and
servicing of the District improvements. The annual assessments will provide a funding source for the
continued operation and maintenance of public landscaping and lighting improvements installed in
connection with the development of properties within the District.
The improvements and assessments described in this Report are based on the planned development of
properties within the District and represent an estimate of the direct expenditures, incidental expenses, and
fund balances that will be necessary to maintain and service the improvements. The boundaries of the
District, the proposed improvements, the method of apportionment, and assessments described herein are
based on current development plans and specifications for Tract 2495; and by reference these plans and
specifications are made part of this Report.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own
Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County
Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be
assessed on the tax roll for the special benefit assessments.
As part of the District formation, the City of Atascadero conducted a Property Owner Protest Ballot
proceeding for the proposed levy of a new assessment pursuant to the provisions of the California
Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a
noticed public hearing on May 24, 2005 to consider public testimonies, comments and written protests
regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing,
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
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 72 of 242
City of Atascadero
2018/19 Engineer’s Report – Lighting and Landscaping District No. 01 (Apple Valley) 2-2
the proposed assessments and the assessment range formula presented and described herein, the City
Council approved the Report (as submitted or amended), ordered the formation of the District, and approved
the levy and collection of assessments. The assessments for fiscal year 2005/2006 were submitted to the San
Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel.
Each subsequent fiscal year, an Engineer’s Report shall be prepared and presented to the City Council
describing the District any changes to the District or improvements and the proposed budget and
assessments for that fiscal year and the City Council shall hold a noticed public hearing regarding these
matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for
the District exceed the maximum assessment described herein (as approved by the property owners), the
new or increased assessment must be confirmed through another property owner protest ballot proceeding
before such an assessment may be imposed. It should be noted that an increased assessment to an individual
property resulting from changes in development or land use does not constitute an increased assessment.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 73 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 3-1
PLANS AND SPECIFICATIONS
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-family residential homes. The subdivision is situated
in the northern portion of the City of Atascadero just southwest of Highway 101 and is generally located:
South of Del Rio Road;
North of Conejo Road;
West of Ramona Road; and,
East of Graves Creek
Improvements and Services Authorized by The 1972 Act
As generally defined by the 1972 Act and applicable to this District, the improvements and associated
assessments may include one or more of the following:
1) The installation or planting of landscaping;
2) The installation or construction of statuary, fountains, and other ornamental structures and facilities;
3) The installation or construction of public lighting facilities including, but not limited to street lights
and traffic signals;
4) The installation or construction of any facilities which are appurtenant to any of the foregoing or
which are necessary or convenient for the maintenance or servicing thereof;
5) The installation of park or recreational improvements, including, but not limited to, all of the
following:
a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation
systems, sidewalks, and drainage.
b) Lights, playground equipment, play courts, and public restrooms.
6) The acquisition of land for park, recreational, or open-space purposes or any existing improvement
otherwise authorized pursuant to this section.
7) The maintenance or servicing, of any of the foregoing including the furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any improvement
including but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements;
b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls,
sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 74 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 3-2
d) The removal of trimmings, rubbish, debris, and other solid waste;
e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover
graffiti;
f) Electric current or energy, gas, or other illuminating agent for any public lighting
facilities or for the lighting or operation of any other improvements;
g) Water for the irrigation of any landscaping, the operation of any fountains, or the
maintenance of any other improvements.
8) Incidental expenses associated with the improvements including, but not limited to:
a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and
assessment;
b) The costs of printing, advertising, and the publishing, posting and mailing of notices;
c) Compensation payable to the County for collection of assessments;
d) Compensation of any engineer or attorney employed to render services;
e) Any other expenses incidental to the construction, installation, or maintenance and servicing
of the improvements;
f) Costs associated with any elections held for the approcal of a new or increased assessment.
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 equipment, trails and landscaped drainage facilities developed and
constructed as part of developing properties within Tract 2495;
Public lighting facilities including street lighting, safety lighting and ornamental lighting installed as
part of the residential development or landscaped improvement areas;
Appurtenant facilities, equipment, materials and utilities related to the aforementioned
improvements;
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 75 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 3-3
Specifically not included as District improvements are those improvements located on private
property, improvements and facilities that may be provided or maintained by an agency other than
the City; improvements and facilities that may be provide by another assessment or tax levied by
the City or any improvement provided and maintained by a Homeowner’s Association or similar entity.
Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by
the District are on file in the Office of Public Works and by reference are made part of this Report.
Those portions of the District improvements that may be identified as general benefit or will be funded in
whole or in part by other revenue sources as part of the approved development agreements, will not be
included as part of the District assessments. The net annual cost to provide and maintain the improvements
determined to be of special benefit shall be allocated to each property in proportion to the special benefits
received.
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.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 76 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 4-1
ESTIMATE OF COSTS
BUDGET Total Budget
Costs Not
Assessed
Fiscal Year
2018/19
DIRECT COSTS
Annual Maintenance
Landscape Services $31,710 $5,940 $25,770
Landscape Supplies 2,500 0 2,500
Landscape Utilities 12,220 3,055 9,165
City Landscape Services 8,000 0 8,000
Total Annual Direct Costs $54,430 $8,995 $45,435
Capital Projects $5,250 $0 $5,250
Total Annual Capital Projects $5,250 $0 $5,250
ADMINISTRATION EXPENSES
Annual Administration Expenses
City Annual Administration $2,100 0 $2,100
Engineer's Report & Services 4,000 0 4,000
Public Noticing 150 0 150
Total Annual Administration Costs $6,250 0 $6,250
TOTAL DIRECT & ADMINISTRATION COSTS $65,930 $8,995 $56,935
CAPITAL RESERVE COLLECTIONS/(USES)
Landscape Rehabilitation/Replacement $3,300 $650 $2,650
Median Rehabilitation/Replacement 4,605 0 4,605
Open Space Rehabilitation/Replacement 5,083 0 5,083
Tree Rehabilitation/Replacement 6,997 0 6,997
Other Rehabilitation/Replacement 3,800 0 3,800
Use of Reserves (5,250) 0 (5,250)
Total Annual Capital Reserve Collections/(Uses) $18,535 $650 $17,885
LEVY ADJUSTMENTS
Interest Income - Improvement Fund ($901) 0 ($901)
Interest Income - Operating Reserve Fund (419) 0 (419)
Contributions from Other Sources (9,645) (9,645) 0
Total Levy Adjustments ($10,965) (9,645) ($1,320)
BALANCE TO LEVY $73,500 $0 $73,500
DISTRICT STATISTICS
Total Parcels 74
Parcels Levied 70
Total EBU 70
Levy per EBU(1) $1,050.00
Maximum Levy per EBU $1,616.08
FUND BALANCE INFORMATION
Beginning Operating Reserve Balance $39,442
Operational Reserve Interest 419
Use of Operational Reserve Interest (419)
Estimated Ending Operating Reserve Balance $39,442
Beginning Improvement Fund Balance $69,936
Improvement Fund Interest 901
Use of Improvement Fund Interest (901)
Improvement Fund Collection (Use) 18,530
Estimated Ending Improvement Fund Balance $88,466
(1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 77 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 5-1
METHOD OF ASSESSMENT
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.
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.
Improved aesthetic appeal of properties providing a positive representation of the area and properties.
Enhanced adaptation of the urban environment within the natural environment from adequate green
space and landscaping.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 78 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 5-2
Environmental enhancement through improved erosion resistance, dust and debris control, and
fire prevention.
Increased sense of pride in ownership of property within the District resulting from well-maintained
improvements associated with the properties.
Enhanced quality of life through well-maintained green space and landscaped areas.
Reduced criminal activity and property-related crimes (especially vandalism) against properties in the
District through well-maintained surroundings and amenities including abatement of graffiti.
Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation
and attenuating noise.
The special benefits of street lighting and other public lighting facilities are the convenience, safety, and
security of property, improvements, and goods. Specifically:
Enhanced deterrence of crime and the aid to police protection.
Increased nighttime safety on roads, streets and public areas.
Improved ability of pedestrians and motorists to see.
Improved ingress and egress to property.
Reduced vandalism and other criminal act and damage to improvements or property.
Improved traffic circulation and reduced nighttime accidents and personal property loss.
The preceding special benefits contribute to the esthetic value and desirability of each of the assessed
parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has
been determined that the lack of funding to properly service and maintain the District improvements would
have a negative impact on the properties within the District.
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.
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.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 79 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 5-3
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.
EBU Application by Land Use:
(1) Single-family Residential — This land use is defined as a fully subdivided residential home site with
or without a structure. This land use is assessed 1.00 EBU per lot or parcel. This is the base value
that the other properties are compared and weighted against regarding special benefit (i.e.
Equivalent Benefit Unit “EBU”).
(2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has
more than one residential unit developed on the property. (This land use typically includes
apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or
mobile home parks). Based on average population densities and size of the structure as compared
to a typical single-family residential unit, multi-family residential parcels shall be proportionately
assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although
multi-family properties typically receive similar benefits to that of a single-family residential, it
would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have
consistently shown that the average multi-family unit impacts infrastructure approximately 75% as
much as a single-family residence (Sample Sources: Institute of Transportation Engineers
Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering
Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public
improvements and infrastructure are utilized and impacted at reduced levels by multi-family
residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 80 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 5-4
also reasonable to conclude that as the density (number of units) increases the proportional
benefit per unit tends to decline because the unit size and people per unit usually decreases.
Based on these considerations and the improvements provided by this District, an appropriate
allocation of special benefit for multi-family residential properties as compared to a single- family
residential is best represented by the following special benefit assignment: 0.75 EBU per unit for
the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for
remaining units.
(3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of
both single-family residential and multi-family residential properties and for this reason are
identified as a separate land use classification. Like most single-family residential properties, these
properties are not usually considered rental property and generally, the County assigns each unit a
separate APN or assessment number. However, condominiums and town-homes often have
similarities to multi-family residential properties in that they are generally zoned medium to high
density and in some cases may involve multiple units on a single APN. In consideration of these
factors it has been determined that an appropriate allocation of special benefit for condominiums,
town-homes and similar residential properties is best represented by an assignment of 0.75 EBU
per unit regardless of whether each unit is assigned an individual APN or there are multiple units
assigned to an APN. (There is no adjustment for parcels with more than five units).
(4) Planned-Residential Development — This land use is defined as any property for which a tentative
or final tract map has been filed and approved (a specific number of residential lots and units has
been identified) and the property is expected to be subdivided within the fiscal year or is part of
the overall improvement and development plan for the District. This land use classification often
times involves more than a single parcel (e.g. the approved tract map encompasses more than a
single APN). Each parcel that is part of the approved tract map shall be assessed proportionately
for the proposed or estimated residential type and units to be developed on that parcel as part of
the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit
units that reflects the development of that property at build-out. (The EBU assigned to each parcel
shall represent the combination of single-family, condominium, multi-family units to be
developed).
(5) Vacant Residential — This land use is defined as property currently zoned for residential
development, but a tentative or final tract map for the property has not yet been approved. Based
upon the opinions of professional appraisers who appraise market property values for real
estate in California, the land value portion of a property typically ranges from 20 to 30 percent
of the total value of a developed residential property (the average is about 25 percent). Although
the assessed value of an individual property is not a direct reflection of the property’s special
benefit, this general correlation between land value and structure value does provide a reasonable
basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five
percent (25%) apportionment and the number of single-family residential units typically developed
per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.00
EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of
special benefit for vacant residential properties. Recognizing that the full and timely utilization of
vacant property is reduced as the size of the property increases, it has been determined that the
maximum EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in
excess of 25 acres are assigned 25.00 EBU). Parcels less than one acre, shall be assigned a
minimum of 1.00 EBU (similar to a vacant lot within a residential tract).
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 81 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 5-5
(6) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00
EBU. This land use classification may include but is not limited to:
Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the
County);
Dedicated public easements including open space areas, utility rights-of- way, greenbelts, parkways,
parks or other publicly owned properties that are part of the District improvements or may provide
other benefits to private properties within the District;
Private properties that cannot be developed independently from an adjacent property, such as
common areas, sliver parcels or bifurcated lots or properties with very restrictive development use;
These types of parcels are considered to receive little or no benefit from the improvements and are
therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to
confirm the parcels’ current development status. Government owned properties or public properties
are not necessarily exempt properties and shall be subject to special benefit assessment unless it
qualifies for an exempt status.
(7) Special Cases — In many districts where multiple land use classifications are involved, there are
usually one or more properties for which the standard land use classifications do not
accurately identify the special benefits received from the improvements. For example, a parcel
may be identified as a Vacant Residential property, however only a small percentage of the parcel’s
total acreage can actually be developed. In this case, an appropriate calculation would be based on
the net acreage that can be utilized rather than the gross acreage of the parcel.
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
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 82 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 5-6
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
Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the
passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown
Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any
assessment that does not exceed an assessment formula or range of assessments previously adopted by
the agency or approved by the voters in the area where the assessment is imposed." This definition and
conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).
The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and
inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures,
which could add to the District costs and assessments. As part of the District formation, the notice and
assessment ballots presented to the property owners for approval included a maximum assessment amount
for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum
assessment rate and a summary of the Assessment Range Formula described herein.
The Assessment Range Formula for this District shall be applied to future assessments and is generally
defined:
If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to
the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an
increased assessment.
The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal
year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage
change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-
Hayward Area from February to February. The Maximum Assessment rate was increased by 3.56% for
fiscal year 2018/19. In January 2018, BLS introduced a new geographic area sample for the CPI. As part of
the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-
Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San
Mateo Counties in the State of California. This CPI will be used going forward.
Beginning with the second fiscal year (fiscal year 2006/2007) and each fiscal year thereafter, the Maximum
Assessment Rate has been recalculated and a new Maximum Assessment Rate is established for the fiscal
year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate is calculated
independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI
is based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time
the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the
preparation of such index, the City shall use the revised index or comparable system as approved by the
City Council for determining fluctuations in the cost of living. In January 2018, BLS introduced a new
geographic area sample for the CPI. As part of the change the index for this area was renamed from San
Francisco-Oakland-San Jose to San Francisco-Oakland-Hayward. The metropolitan area is comprised of Alameda,
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 83 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 5-7
Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. This CPI will be used going
forward.
Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum
Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly
greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of
apportionment that increase the proportional special benefit assigned to a particular land use classification
would be considered an increased assessment. Conversely, reductions in the proportional special benefit
assigned to a land use classifications are permitted. Changes in land use or size of an individual property
resulting in an assessment increase, is not considered an increased assessment.
To impose a new or increased assessment other than the annual inflationary adjustment provided by the
preceding Assessment Range Formula, the City must comply with the provisions of Article XIIID Section 4c,
that requires a public hearing and certain protest procedures including mailed notice of the public hearing
and property owner protest balloting. Property owners through the balloting process must approve a
proposed new or increased assessment before such an assessment may be imposed.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 84 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 6-1
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.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 85 of 242
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ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 86 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 01 (Apple Valley) 7-1
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.
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 87 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
049-191-039 0 -$ -$
049-191-040 0 - -
049-191-041 0 - -
049-192-001 1 1,616.08 1,050.00
049-192-002 1 1,616.08 1,050.00
049-192-003 1 1,616.08 1,050.00
049-192-004 1 1,616.08 1,050.00
049-192-005 1 1,616.08 1,050.00
049-192-006 1 1,616.08 1,050.00
049-192-007 1 1,616.08 1,050.00
049-192-008 1 1,616.08 1,050.00
049-192-009 1 1,616.08 1,050.00
049-192-010 1 1,616.08 1,050.00
049-192-011 1 1,616.08 1,050.00
049-192-012 1 1,616.08 1,050.00
049-192-013 1 1,616.08 1,050.00
049-192-014 1 1,616.08 1,050.00
049-192-015 1 1,616.08 1,050.00
049-192-016 1 1,616.08 1,050.00
049-192-017 1 1,616.08 1,050.00
049-192-018 1 1,616.08 1,050.00
049-192-019 1 1,616.08 1,050.00
049-192-020 1 1,616.08 1,050.00
049-192-021 1 1,616.08 1,050.00
049-192-022 1 1,616.08 1,050.00
049-193-001 1 1,616.08 1,050.00
049-193-002 1 1,616.08 1,050.00
049-193-003 1 1,616.08 1,050.00
049-193-004 1 1,616.08 1,050.00
049-193-005 1 1,616.08 1,050.00
049-193-006 1 1,616.08 1,050.00
049-193-007 1 1,616.08 1,050.00
049-193-008 1 1,616.08 1,050.00
049-193-010 1 1,616.08 1,050.00
049-193-011 1 1,616.08 1,050.00
049-193-012 1 1,616.08 1,050.00
049-193-013 1 1,616.08 1,050.00
CITY OF ATASCADERO
Landscaping and Lighting District No. 01
(Apple Valley)
Fiscal Year 2018/2019 Assessment Roll
helping communities fund tomorrow
www.nbsgov.com | 800.676.7516 4/19/2018 Page 1 of 2
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 88 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
049-193-014 1 1,616.08 1,050.00
049-193-015 1 1,616.08 1,050.00
049-193-016 1 1,616.08 1,050.00
049-193-017 1 1,616.08 1,050.00
049-193-018 1 1,616.08 1,050.00
049-193-019 1 1,616.08 1,050.00
049-193-020 1 1,616.08 1,050.00
049-193-021 1 1,616.08 1,050.00
049-193-022 1 1,616.08 1,050.00
049-193-023 1 1,616.08 1,050.00
049-193-024 1 1,616.08 1,050.00
049-193-025 1 1,616.08 1,050.00
049-193-026 1 1,616.08 1,050.00
049-193-027 1 1,616.08 1,050.00
049-193-028 1 1,616.08 1,050.00
049-193-029 1 1,616.08 1,050.00
049-193-030 1 1,616.08 1,050.00
049-193-031 1 1,616.08 1,050.00
049-193-032 1 1,616.08 1,050.00
049-193-033 1 1,616.08 1,050.00
049-193-034 1 1,616.08 1,050.00
049-193-035 1 1,616.08 1,050.00
049-193-036 1 1,616.08 1,050.00
049-193-037 1 1,616.08 1,050.00
049-193-038 1 1,616.08 1,050.00
049-193-039 1 1,616.08 1,050.00
049-193-040 1 1,616.08 1,050.00
049-193-041 1 1,616.08 1,050.00
049-193-042 1 1,616.08 1,050.00
049-193-043 1 1,616.08 1,050.00
049-193-044 1 1,616.08 1,050.00
049-193-045 1 1,616.08 1,050.00
049-193-046 1 1,616.08 1,050.00
049-193-047 1 1,616.08 1,050.00
049-193-048 1 1,616.08 1,050.00
049-193-049 0 - -
049-193-051 1 1,616.08 1,050.00
Totals 70 113,125.60$ 73,500.00$
(1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls.
helping communities fund tomorrow
www.nbsgov.com | 800.676.7516 4/19/2018 Page 2 of 2
ITEM NUMBER: A-4
DATE: 05/08/18
ATTACHMENT: 8
Page 89 of 242
ITEM NUMBER: A-5
DATE: 05/08/18
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 2018/2019.
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).
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 2018/2019, and to appoint a time and place
for the public hearing on these matters.
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 2018/2019 pursuant to the provisions of Part 2
of Division 15 of the California Streets and Highways Code .
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 2018/2019.
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 2018/2019, and to appoint a time and
place for the public hearing on these matters.
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 90 of 242
ITEM NUMBER: A-5
DATE: 05/08/18
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 tentativ ely scheduled for
June 12, 2018, 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 2018/2019 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 Asse ssment Rate was increased
by 3.6% this year for both districts. The Landscape and Lighting District has a surplus
fund balance, so the City staff held a neighborhood meeting to receive input from
property owners as to the preference on how to treat the surplus. The property owners
in attendance requested an assessment of about 19% of the allowable maximum
annual assessments for the Landscaping and Lighting District, about 47% for Zone A in
the Street and Storm Drain District, and about 75% for Zone B in the Street and Storm
Drain District.
District
Amount Per EBU
Maximum Assessment
Fiscal Year 2018-19
Amount Per EBU
Proposed Assessment
Fiscal Year 2018-19
Atascadero Street and Storm Drain Maintenance District
No. 03 De Anza Estates - Senior Housing 734.29$ 342.48$
Atascadero Street and Storm Drain Maintenance District
No. 03 De Anza Estates - Single Family Residential 907.82$ 681.49$
Atascadero Landscaping and Lighting Maintenance District
No. 03 De Anza Estates 1,301.70$ 250.00$
FISCAL IMPACT:
Annual assessments for 2018/2019 will total $30,562 for road/drainage system
maintenance and $15,875 for landscape and lighting maintenance. These amounts will
be assessed to the owners of parcels in De Anza Estates. The City General Fund will
contribute $1,400 for the fiscal year 2018/2019 for half of the maintenance costs of the
trails and open space.
Page 91 of 242
ITEM NUMBER: A-5
DATE: 05/08/18
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 2018/2019
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 2018/2019, 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
2018/2019 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 2018/2019 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 2018/2019
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 2018/2019
8. Engineer’s Report- for the levy and collection of fiscal year 2018/2019
assessments for Landscaping and Lighting District No. 03 (De Anza Estates)
Page 92 of 242
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
05/08/18
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 2018/2019
The City Council of the City of Atascadero (hereafter referred to as “City Council”) hereby finds,
determines, resolves and orders as follows:
WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of
1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter
referred to as the “1982 Act”) formed an assessment district to be designated as Atascadero
Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as
the “District”), for the purpose of funding the ongoing operation, maintenance and servicing of
public streets, sidewalks, storm drain and flood control facilities installed in conjunction with the
development of properties known as De Anza Estates Tract 2498; and to levy and collect annual
assessments related thereto. The 1982 Act provides for the formation of such an assessment
district pursuant to Article 3 Section 54710, and provides for the levy and collection of
assessments by the County on behalf of the City pursuant to Article 4 Section 54718; and
WHEREAS, the City Council has retained NBS as the Engineer of Work, for the purpose
of assisting with the administration of the District, the establishment of annual assessments, and to
prepare and file an Engineer’s Report with the City Clerk in accordance with the 1982 Act; and in
accordance with the requirements of the California Constitution, Articles XIIIC and XIIID.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. The City Council hereby orders the Engineer to prepare and file an
Engineer’s Annual Levy Report concerning the levy of assessments for properties within the
District as specified by Article 4 Section 54716 of the 1982 Act.
SECTION 2. The District improvements include the ongoing operation, administration,
maintenance and servicing of the public streets, drainage and flood control systems and appurtenant
facilities authorized pursuant to the 1982 Act that were installed as part of property development
and associated with the District. Said improvements may include, but are not limited to pavement,
curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins,
drainage basins, manholes, and associated appurtenant facilities located within the public street
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.
Page 93 of 242
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
05/08/18
1
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 94 of 242
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
05/08/18
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, b y 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.
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 2018/2019.
Page 95 of 242
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
05/08/18
2
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.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 96 of 242
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
05/08/18
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 2018/2019, 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 2018/2019 (July 1, 2018 and ending June 30, 2019) 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
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.
Page 97 of 242
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
05/08/18
3
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 12, 2018 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. At the Public Hearing, all interested persons shall be given an opportunity to hear and
be heard on the proposed assessment to be levied for fiscal year 2018/2019 as contained in the
Engineer’s Report on file in the City Clerk’s Office.
SECTION 6. The City Clerk shall give notice of the filing of the report and the time and
place of the Public Hearing by publishing in a local newspaper one time at least 10 days prior to the
Public Hearing.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 98 of 242
OFFICE LOCATIONS:
Temecula –Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
San Francisco –Regional Office
870 Market Street, Suite 1223
San Francisco, CA 94102
California Satellite Offices
Atascadero, Davis
Huntington Beach,
Joshua Tree, Riverside
Sacramento, San Jose
www.nbsgov.com
Prepared by:
Street and Storm Drain Maintenance
District No. 03 (De Anza Estates)
2018/19 Annual Report
May 2018
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 4
Page 99 of 242
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
Roberta Fonzi, Mayor Pro Tem
Charles Bourbeau, Council Member
Heather Moreno, 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
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 4
Page 100 of 242
TABLE OF CONTENTS
Engineer’s Letter..........................................................................................................1-1
Executive Summary .....................................................................................................2-1
Plans and Specifications ...............................................................................................3-1
Benefiting Properties within the District ....................................................................3-1
Funding Authorized by The 1982 Act .........................................................................3-1
Description of Improvements and Services ................................................................3-1
Estimate of Costs .........................................................................................................4-1
Method of Assessment ................................................................................................5-1
General ....................................................................................................................5-1
Benefit Analysis ........................................................................................................5-1
Assessment Method .................................................................................................5-2
Assesssment Range Formula .....................................................................................5-6
Assessment Diagram....................................................................................................6-1
Assessment Roll ...........................................................................................................7-1
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 4
Page 101 of 242
City of Atascadero
2018/19 Engineer’s Report –Street and Storm Drain Maintenance District No. 03 (De Anza)1-1
ENGINEER’S LETTER
WHEREAS, on August 9, 2005 by Resolution No. 2005 -071, the City Council of the City of Atascadero (the
”City”), State of California, in accordance with and pursuant to the provisions of the Benefit Assessment Act
of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter
referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the
California State Constitution Article XIIID (hereafter referred to as th e “California Constitution”), established
the City of Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (the “District”);
and
WHEREAS, on May 8, 2018, 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 referenced fiscal year; a
diagram for the District, showing the area and properties to be assesse d; 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 t o 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 pro perty within the District in proportion to the special
benefit received. The following table summarizes the proposed assessment for Fiscal Year 201 8/19:
FY 2018/19 Summary of Assessment
Description Zone A -Amount Zone B -Amount Total Amount
Estimated Annual Costs $6,310 $15,290 $21,600
Capital Reserve Collection/(Uses)8,284 10,658 18,942
Levy Adjustments (1,751)(8,229)(9,980)
Balance to Levy $12,843 $17,719 $30,562
Fiscal Year 2018/19 Maximum Rate $734.29 $907.82
Fiscal Year 2018/19 Proposed Applied Rate $342.48 $681.49
Rates above are per Equivalent Benefit Unit.
I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge,
information, and belief, the Engineer’s Report, Assessments,and the Assessment Diagram herein have been
prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and
ordered by the City Council of the City of Atascadero and the 1982 Act .
City Engineer
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 4
Page 102 of 242
City of Atascadero
2018/19 Engineer’s Report –Street and Storm Drain Maintenance District No. 03 (De Anza)2-1
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 2018/19.
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 s treets 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.
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The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and
the assessment range formula presented and described herein;therefore,the City Council approved the
Report (as submitted or amended),ordered the formation of the District, and approved the levy and
collection of assessments.The assessments for fiscal year 2005/2006 were submitted to the San Luis Obispo
County Auditor/Controller for inclusion on the property tax roll for each parcel.
Each subsequent fiscal year,a Report shall be prepared and presented to the City Council describing any
changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and
the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering
the proposed levy of assessments. If the proposed assessments for the District exceed the maximum
assessment described herein (as approved by the property owners), the new or increased assessment must
be confirmed through another property owner protest ballot proceeding before such an assessment may be
imposed. It should be noted that an increased assessment to an individual property resulting from changes
in development or land use does not constitute an increased assessment.
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PLANS AND SPECIFICATIONS
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.
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.
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:
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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;
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 the senior
housing development);
Specifically not included as part of the street maintenance program are the costs associated with major
replacements or reconstruction. Although the District assessments will provide funding for regular
maintenance and servicing of the improvements that will extend the useful life of the 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;
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and replacement of curbs, gutters driveway approaches and sidewalks is significantly more than the
amount that can reasonably be collected annually under the provisions of the 1982 Act. When such
repairs or activities are deemed necessary, the City will consider various financing options including
new or increased assessments for property owner approval. Also not included as part of the street
maintenance program are the street improvements within the senior housing development (street
improvements southwest of the Graves Creek Bridge). The street improvements and facilities within
the senior housing development shall be maintained and funded through a Homeowner’s Association
or similar entity.
The Public Works Department shall authorize the operational activities and maintenance of the public street
and right-of-way improvements,facilities and services that may include,but are not limited to:
Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters;
Annual inspection of street surface and repair of potholes and surface cracks as needed;
Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once
every five years);
Periodic re-striping of traffic lanes,bike lanes,street parking areas, crosswalks and intersections
(typically in conjunction with slurry or overly activities);
Graffiti abatement of public improvements within the street 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
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maintenance program that will adequately regulate and control storm water runoff resulting from the
development of properties within the District.This maintenance program may include but is not limited to:
inspection and documentation of the system;cleaning,servicing or repair of the facilities and equipment;and
the partial replacement or rehabilitation of equipment and facilities.The storm drain and flood control system
includes but is not limited to:
A single drainage basin of approximately 9,000 square feet;
A total of approximately three (3) inlets, catch basins, manholes or outlets located within the single -
family residential portion of Tract 2498;
Approximately 200 linear feet of 24 inch storm drain pipe.
The Public Works Department shall authorize and schedule the operational activities and maintenance of the
storm drain and storm water pollution treatment infrastructure,facilities and services that may include,but are
not limited to:
Cleaning of storm drain inlets, catch basins, manholes and pipes as needed;
Stencil maintenance and documentation of facilities as required by Federal,State or County regulations;
Cleaning and landscape maintenance of the drainage basins,bio-filter areas or channel ways as
needed;
Debris removal and pest control in and around the storm drain facilities as needed;
Minor repairs and maintenance of the storm drain inlets,catch basins and outlets as needed;
Street sweeping services necessary to control debris and water flow for the storm drain system;
and,
The operational costs related to NPDES compliance requirements.
A portion of the services described above are not performed on an annual basis but rather on a periodic basis
such as minor repairs to the storm drain inlets, catch basins and outlets,and the funds necessary for these
activities are collected in installments as part of the annual assessments.The monies collected each year for
these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund).
The monies accumulated for these activities shall be spent as needed to perform the services deemed
necessary by the City.This process of accumulating funds (installments)shall continue until such time the
District is dissolved;or the City determines that such funding procedures require modification.Changes in the
process of accumulating funds that would result in an increase to the annual assessment rate must be
presented to the property owners for approval prior to imposing such an increase.
ITEM NUMBER: A-5
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ESTIMATE OF COSTS
BUDGET
FY 2018/19
Zone A
(Senior Housing)
Zone B
(SF-Residential)Total Assessed
DIRECT COSTS
Street, Roads & Storm Drain Improvements
Drainage Maintenance Services $0 $7,100 $7,100
Street Sweeping Services 640 960 1,600
Inspection & Operational Services-Roads, Drainage 3,120 4,680 7,800
Inspection & Operational Services-Bridges 0 0 0
Total Annual Direct Costs $3,760 $12,740 $16,500
ADMINISTRATION EXPENSES
City Annual Administration $800 $800 $1,600
Engineer's Report & Services 1,600 1,600 3,200
Public Noticing 150 150 300
Total Annual Administration Costs $2,550 $2,550 $5,100
Captial Improvement Project: Slurry Seal 0 0 0
TOTAL DIRECT & ADMINISTRATION COSTS $6,310 $15,290 $21,600
CAPITAL RESERVE COLLECTIONS/(USES)
Collection for Street Surface Activities $5,649 $8,474 $14,123
Collection for Street Re-striping 35 54 89
Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 120 179 299
Collection for Debris Removal 0 317 317
Collection for Bridges 2,480 1,520 4,000
Collection for Storm Drain Infrastructure 0 114 114
Total Annual Capital Reserve Collections/(Uses)$8,284 $10,658 $18,942
LEVY ADJUSTMENTS
Interest Income -Improvement Fund ($1,677)($2,135)($3,812)
Interest Income -Operating Reserve Fund ($74)($94)($168)
Improvement Fund (Use)($0)($6,000)($6,000)
Operating Reserve Fund Collection (Use)0 0 0
Total Levy Adjustments ($1,751)($8,229)($9,980)
BALANCE TO LEVY $12,843 $17,719 $30,562
DISTRICT STATISTICS
Total Parcels 61 28
Parcels Levied 60 26
Total EBU 37.5 26
Levy per EBU(1)$342.48 $681.49
Maximum Levy per EBU $734.29 $907.82
FUND BALANCE INFORMATION
Beginning Operating Reserve Balance $5,573 $4,502 $10,075
Operational Reserve Interest $74 $94 $168
Use of Operational Reserve Interest ($74)($94)($168)
Operational Reserve Collection (Use)0 0 0
Ending Operating Reserve Balance $5,573 $4,502 $10,075
Beginning Improvement Fund Balance $135,261 $182,154 $317,415
Improvement Fund Interest $1,677 $2,135 3,812
Use of Improvement Fund Interest ($1,677)($2,135)(3,812)
Improvement Fund Collection (Use)0 (6,000)(6,000)
Ending Improvement Fund Balance $135,261 $176,154 $311,415
(1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel
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METHOD OF ASSESSMENT
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 ser vice 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.
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
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eventually have a negative impact on properties within the District.
Although the improvements may include public streets and storm drain facilities that connect to similar
facilities outside the District boundaries,it is clear that the construction and installation of these improvements
were only necessary for the development of properties within the District.As such,these improvements were
not required nor necessarily desired by any properties or developments outside the District boundary and any
public access or use of the improvements by others is incidental.Therefore,it has been determined that the
ongoing maintenance, servicing and operation of the District improvements provide no measurable general
benefit to properties outside the District or to the public at large,but clearly provide distinct and special
benefits to properties within the District.Any improvement or portion thereof (particularly off-site storm drain
facilities)that may be considered general benefit shall be funded by other revenue sources and not included
as part of the special benefit assessments allocated to properties within this District. However,the costs
associated with installation or improvement of any off-site facilities that benefit the parcels within this
District as well as other properties (shared benefit)may be allocated to the parcels within the District based
on their proportional special benefit from such improvements.
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.
(1)Zone A (Senior Housing Portion of Tract 2489)—It has been determined that these properties
benefit and shall proportionately share in the costs associated with maintaining and servicing the
Upper Bridge Crossing, El Camino Real and the western portion of Ferrocarril Road leading into
these properties. It has also been determined that the construction of the Graves Creek Bridge was
only necessary for the development of these properties and therefore the cost to service and
maintain this facility shall be entirely allocated to these properties. Converse ly, the storm drain
improvements that will be maintained by the City within Tract 2498 have been constructed as part
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of developing the twenty-six single-family residential properties and it has been determined that
the senior housing properties do not receive direct and special benefit from those particular
improvements. While these properties will not be assessed for the storm drain improvements, it
should be noted that some storm drain facilities will be constructed as part of the senior housing
development; however these improvements are not included in this District and will be provided
and maintained by a Homeowner’s Association or similar entity.
(2)Zone B (Single-Family Residential Portion of Tract 2498)—Along with the properties in Zone A, the
single-family residential properties within Tract 2498 benefit and shall proportionately share in the costs
associated with maintaining and servicing the Upper Bridge Crossing and El Camino Real. In addition, the
overall development of these particular properties required the construction and installation of the
street improvements on Ferrocarril Road and De Anza Court as well as the entire storm drain system to
be maintained by the District. Therefore the cost of maintaining and servicing these particular
improvements shall be budgeted and allocated proportionately to only those properties in Zone B.
Conversely, the construction of the Graves Creek Bridge was only necessary for the development of the
senior housing and the properties within Zone B will not share in the cost of maintaining this particular
facility.
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:
(1)Single-family Residential —This land use is defined as a fully subdivided residential home site with
or without a structure.This land use is assessed 1.0 EBU per lot or parcel.This is the base value
that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”).
(2)Multi-family Residential —This land use is defined as a fully subdivided residential parcel that has
more than one residential unit developed on the property.(This land use typically includes
apartments, duplexes, triplex etc., but does not generally include condominiums,town-homes or
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
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Treatment, Disposal, Reuse, Third Edition).These various studies indicate that most public
improvements and infrastructure are utilized and impacted at reduced levels by multi-family
residential units and a similar reduction in proportional benefit is appropriate. Furthermore,it is
also reasonable to conclude that as the density (number of units)increases,the proportional
benefit per unit tends to decline because the unit size and people per unit usually decreases.
Based on these considerations and the improvements provided by this District, an appropriate
allocation of special benefit for multi-family residential properties as compared to a single-family
residential property is best represented by the following special benefit assignment:0.75 EBU per
unit for the first 50 units;0.50 EBU per unit for units 51 through 100;and 0.25 EBU per unit for
the remaining units.
(3)Condominium/Town-home Units —Condominiums and town-homes tend to share attributes of
both single-family residential and multi-family residential properties and for this reason are
identified as a separate land use classification. Like most single-family residential properties, these
properties are not usually considered rental property and generall y, the County assigns each unit a
separate APN or assessment number. However, condominiums and town-homes often have
similarities to multi-family residential properties in that they are generally zoned medium to high
density and in some cases may involve multiple units on a single APN.In consideration of these
factors it has been determined that an appropriate allocation of special benefit for condominiums,
town-homes and similar residential properties is best represented by an assignment of 0.75 EBU
per unit regardless of whether each unit is assigned an individual APN or there are multiple units
assigned to an APN. (There is no adjustment for parcels with more than five units).
(4)Modified Housing/Senior Housing Units —Modified Housing or Senior Housing is generally defined
as residential units that would typically be classified as Condominiums or Town-homes, but have
specific deed restrictions that may limit the size or use of all units within the development. This
classification is not applicable to individual single-family residential parcels unless all single-family
residential parcels within that particular development or subdivision have the same restrictions.
(For example: One or more single-family units within a subdivision that are deed restricted as
“Affordable Housing” or “Senior Housing” does not qualify for this land use classification, unless all
the units within that development have the same or similar deed restrictions.) Since this
classification generally involves Condominium or Town-home type properties, that are generally
assigned 0.75 EBU, it has been determined that an appropriate allocation of special benefit for
modified housing units or senior housing units is best represented by an assignment of 0.625 EBU
per unit regardless of whether each unit is assigned an individual APN or there are multiple units
assigned to a single APN.
(5)Planned-Residential Development —This land use is defined as any property for which a tentative
or final tract map has been filed and approved (a specific number of residential lots and units has
been identified)and the property is expected to be subdivided within the fiscal year or is pa rt 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 proportiona tely for the
proposed or estimated residential type and units to be developed on that parcel as part of the
approved tract map.Accordingly,each parcel is assigned an appropriate number of benefit units
that reflects the development of that property at build-out. (The EBU assigned to each parcel shall
represent the combination of single-family, condominium,multi-family units to be developed).
(6)Vacant Residential —This land use is defined as property currently zoned for residential
development,but a tentative or final tract map for the property has not yet been approved.Based
upon the opinions of professional appraisers who appraise market property values for real estate
in California,the land value portion of a property typically ranges from 20 to 30 percent of the
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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 twen ty-five percent
(25%) apportionment and the number of single-family residential units typically developed per acre
of land (an average of 4 residential units per acre)an Equivalent Benefit Unit of 1.0 EBU per acre (4
units per acre x 25%)is derived and presents an appropriate apportionment of special benefit for
vacant residential properties.Recognizing that the full and timely utilization of vacant property is
reduced as the size of the property increases,it has been determined that the maximum EBU
assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres
are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar
to a vacant lot within a residential tract).
(7)Exempt Parcels —This land use identifies properties that are not assessed and are assigned 0.0
EBU. This land use classification may include but is not limited to:
Lots or parcels identified as public streets and other roadways (typically not assigned an APN by
the County);
Dedicated public easements including open space areas,utility rights-of-way, greenbelts,
parkways, parks or other publicly owned properties that are part of the District improvements or may
provide other benefits to private properties within the District.;
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 t he assessment engineer
to confirm the parcels current development status.Government owned properties or public
properties are not necessarily exempt properties and shall be subject to special benefit assessment
unless it qualifies for an exempt status.
(8)Special Cases —In many districts where multiple land use classifications are involved,there are
usually one or more properties for which the standard land use classifications do not
accurately identify the special benefits received from the improvements.For example,a parcel
may be identified as a Vacant Residential property,however only a small percentage of the parcel’s
total acreage can actually be developed. In this case, an appropriate calculation would be based on
the net acreage that can be utilized rather than the gross acreage of the parcel.
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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
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
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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.In January 2018, BLS introduced a new geographic area sample for the CPI. As
part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San
Francisco-Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San
Francisco, San Mateo Counties in the State of California.This CPI will be used going forward.
Beginning with fiscal year 2006/2007 and each fiscal year thereafter,the Maximum Assessment Rate has been
recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment
Range Formula described above.The Maximum Assessment Rate is calculated independent of the District’s
annual budget and proposed assessment.The annual percentage change in CPI is based on available data
provided by the U.S.Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared.
Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index,
the City shall use the revised index or comparable system as approved by the City Council for determining
fluctuations in the cost of living.In January 2018, BLS introduced a new geographic area sample for the CPI. As
part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-
Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San
Mateo Counties in the State of California. This CPI will be used going forward.
Any proposed annual assessment (rate per EBU)less than or equal to the calculated (adjusted)Maximum
Assessment Rate is not considered an increased assessment,even if the proposed assessment is significantly
greater than the assessment applied in the prior fiscal year.Likewise,modifications to the method of
apportionment that increase the proportional special benefit assigned to a particular land use classification
would be considered an increased assessment.Conversely, reductions in the proportional special benefit
assigned to a land use classifications is permitted.Changes in land use or size of an individual property resulting
in an assessment increase,is not considered an increased assessment.
To impose a new or increased assessment other than the annual inflationary adjustment provided by
the preceding Assessment Range Formula,the City must comply with the provisions of the California
Constitution Article XIIID Section 4c,that requires a public hearing and certain protest procedures including
mailed notice of the public hearing and property owner protest balloting.Property owners through the
balloting process must approve a proposed new or increased assessment before such an assessment may
be imposed.
ITEM NUMBER: A-5
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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.
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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.
ITEM NUMBER: A-5
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ATTACHMENT: 4
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Assessor's
Parcel Number
Benefit
Zone
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment(1)
049-043-003 B 0 -$ -$
049-043-004 B 0 - -
049-044-002 B 1 907.82 681.49
049-044-003 B 1 907.82 681.49
049-044-004 B 1 907.82 681.49
049-044-005 B 1 907.82 681.49
049-044-006 B 1 907.82 681.49
049-044-007 B 1 907.82 681.49
049-044-008 B 1 907.82 681.49
049-044-009 B 1 907.82 681.49
049-044-010 B 1 907.82 681.49
049-044-011 B 1 907.82 681.49
049-044-012 B 1 907.82 681.49
049-044-013 B 1 907.82 681.49
049-044-014 B 1 907.82 681.49
049-044-015 B 1 907.82 681.49
049-044-016 B 1 907.82 681.49
049-044-017 B 1 907.82 681.49
049-044-018 B 1 907.82 681.49
049-044-019 B 1 907.82 681.49
049-044-020 B 1 907.82 681.49
049-044-021 B 1 907.82 681.49
049-044-022 B 1 907.82 681.49
049-044-023 B 1 907.82 681.49
049-044-024 B 1 907.82 681.49
049-044-025 B 1 907.82 681.49
049-044-026 B 1 907.82 681.49
049-044-033 B 1 907.82 681.49
049-046-001 A 0 - -
049-046-002 A 0.625 458.93 214.05
049-046-003 A 0.625 458.93 214.05
049-046-004 A 0.625 458.93 214.05
049-046-005 A 0.625 458.93 214.05
049-046-006 A 0.625 458.93 214.05
049-046-007 A 0.625 458.93 214.05
049-046-008 A 0.625 458.93 214.05
049-046-009 A 0.625 458.93 214.05
CITY OF ATASCADERO
Street and Storm Drain Maintenance District No. 03
(De Anza Estates)
Fiscal Year 2018/2019 Assessment Roll
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ITEM NUMBER: A-5
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Assessor's
Parcel Number
Benefit
Zone
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment(1)
049-046-010 A 0.625 458.93 214.05
049-046-011 A 0.625 458.93 214.05
049-046-012 A 0.625 458.93 214.05
049-046-013 A 0.625 458.93 214.05
049-046-014 A 0.625 458.93 214.05
049-046-015 A 0.625 458.93 214.05
049-046-016 A 0.625 458.93 214.05
049-046-017 A 0.625 458.93 214.05
049-046-018 A 0.625 458.93 214.05
049-046-019 A 0.625 458.93 214.05
049-046-020 A 0.625 458.93 214.05
049-046-021 A 0.625 458.93 214.05
049-046-022 A 0.625 458.93 214.05
049-046-023 A 0.625 458.93 214.05
049-046-024 A 0.625 458.93 214.05
049-046-025 A 0.625 458.93 214.05
049-046-026 A 0.625 458.93 214.05
049-046-027 A 0.625 458.93 214.05
049-046-028 A 0.625 458.93 214.05
049-046-029 A 0.625 458.93 214.05
049-046-030 A 0.625 458.93 214.05
049-046-031 A 0.625 458.93 214.05
049-046-032 A 0.625 458.93 214.05
049-046-033 A 0.625 458.93 214.05
049-046-034 A 0.625 458.93 214.05
049-046-035 A 0.625 458.93 214.05
049-046-036 A 0.625 458.93 214.05
049-046-037 A 0.625 458.93 214.05
049-046-038 A 0.625 458.93 214.05
049-046-039 A 0.625 458.93 214.05
049-046-040 A 0.625 458.93 214.05
049-046-041 A 0.625 458.93 214.05
049-046-042 A 0.625 458.93 214.05
049-046-043 A 0.625 458.93 214.05
049-046-044 A 0.625 458.93 214.05
049-046-045 A 0.625 458.93 214.05
049-046-046 A 0.625 458.93 214.05
049-046-047 A 0.625 458.93 214.05
049-046-048 A 0.625 458.93 214.05
049-046-049 A 0.625 458.93 214.05
049-046-050 A 0.625 458.93 214.05
049-046-051 A 0.625 458.93 214.05
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Assessor's
Parcel Number
Benefit
Zone
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment(1)
049-046-052 A 0.625 458.93 214.05
049-046-053 A 0.625 458.93 214.05
049-046-054 A 0.625 458.93 214.05
049-046-055 A 0.625 458.93 214.05
049-046-056 A 0.625 458.93 214.05
049-046-057 A 0.625 458.93 214.05
049-046-058 A 0.625 458.93 214.05
049-046-059 A 0.625 458.93 214.05
049-046-060 A 0.625 458.93 214.05
049-046-061 A 0.625 458.93 214.05
Totals 63.5 51,139.12$ 30,561.74$
(1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls.
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ITEM NUMBER: A-5
DATE:
ATTACHMENT:
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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 2018/2019 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
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
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Engineer's Annual Levy Report describes any new improvements or substantial changes in existing
improvements.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
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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 2018/2019
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 2018/2019.
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.
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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.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
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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 2018/2019
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 2018/2019 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 2018/2019 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 2018/2019.
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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 2018/2019, 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 12, 2018, at 6:00 p.m., at the City Council Chambers,
6500 Palma Avenue, Atascadero, California or as soon thereafter as feasible. At the Public
Hearing, all interested persons shall be given an opportunity to hear and be heard on the proposed
assessment to be levied for fiscal year 2018/2019 as contained in the Engineer’s Report on file in
the City Clerk’s Office.
SECTION 8. The City Clerk shall 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 by publishing this Resolution of Intention in a local newspaper one
time at least 10 days prior to the Public hearing.
Page 127 of 242
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
05/08/18
7
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 128 of 242
OFFICE LOCATIONS:
Temecula – Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
San Francisco – Regional Office
870 Market Street, Suite 1223
San Francisco, CA 94102
California Satellite Offices
Atascadero, Davis
Huntington Beach,
Joshua Tree, Riverside
Sacramento, San Jose
www.nbsgov.com
Prepared by:
Landscaping and Lighting District
District No. 03 (De Anza Estates)
2018/19 Engineer’s Report
May 2018
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 129 of 242
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
Roberta Fonzi, Mayor Pro Tem
Charles Bourbeau, Council Member
Heather Moreno, 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
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 130 of 242
TABLE OF CONTENTS
Engineer’s Letter .......................................................................................................... 1-1
Executive Summary ..................................................................................................... 2-1
Plans and Specifications ............................................................................................... 3-1
Description of the District ......................................................................................... 3-1
Improvements and Services Authorized by The 1972 Act ............................................ 3-1
Description of Improvements and Services ................................................................ 3-2
Estimate of Costs ......................................................................................................... 4-1
Method of Assessment ................................................................................................ 5-1
General .................................................................................................................... 5-1
Benefit Analysis ........................................................................................................ 5-1
Assessment Methodology ......................................................................................... 5-3
Assesssment Range Formula ..................................................................................... 5-6
Assessment Diagram .................................................................................................... 6-1
Assessment Roll ........................................................................................................... 7-1
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 131 of 242
City of Atascadero
2018/19 Engineer’s Report – Lighting and Landscaping District No. 03 (De Anza Estates) 1-1
ENGINEER’S LETTER
WHEREAS, on August 9, 2005 by Resolution No. 2005-074, the City Council of the City of Atascadero (the
“City”), State of California, in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part
2, Division 15 of the California Streets and Highways Code (commencing with Section 22500 (the “1972
Act”) established the City of Atascadero Landscaping and Lighting District No. 03 De Anza Estates (the
“District”); and
WHEREAS, on May 8, 2018, 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 2018/19:
FY 2018/19 Budget Summary
Description
Total
Costs
Costs Not
Assessed
Proposed
Assessment
Total
Benefit
Units
Maximum
Rate
Proposed
Rate Per
BU
Annual Maintenance $13,511 $1,208 $12,303
Administration 6,220 0 6,220
Levy Adjustments (2,268) (1,208) (1,060)
Total $17,463 $0 $17,463 63.5 $1,301.70 $275.00
I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge,
information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been
prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and
ordered by the City Council of the City of Atascadero and the 1972 Act.
City Engineer
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 132 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 2-1
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 2018/19, 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
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 133 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 2-2
the proposed assessments and the assessment range formula presented and described herein, the City
Council approved the Report (as submitted or amended), ordered the formation of the District, and approved
the levy and collection of assessments. The assessments for fiscal year 2005/2006 were submitted to the San
Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel.
Each subsequent fiscal year, an Engineer’s Report shall be prepared and presented to the City Council
describing the District any changes to the District or improvements and the proposed budget and
assessments for that fiscal year and the City Council shall hold a noticed public hearing regarding these
matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for
the District exceed the maximum assessment described herein (as approved by the property owners), the
new or increased assessment must be confirmed through another property owner protest ballot proceeding
before such an assessment may be imposed. It should be noted that an increased assessment to an individual
property resulting from changes in development or land use does not constitute an increased assessment.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 134 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 3-1
PLANS AND SPECIFICATIONS
Description of the District
The territory within the District consists of the lots, parcels and subdivisions of land within the proposed
residential subdivision known as the De Anza Estates, Tract 2498, which encompasses an area of land
totaling approximately seventy-six acres (75.76 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.
Improvements and Services Authorized by The 1972 Act
As generally defined by the 1972 Act and applicable to this District, the improvements and associated
assessments may include one or more of the following:
1) The installation or planting of landscaping;
2) The installation or construction of statuary, fountains, and other ornamental structures and facilities;
3) The installation or construction of public lighting facilities including, but not limited to street lights
and traffic signals;
4) The installation or construction of any facilities which are appurtenant to any of the foregoing or
which are necessary or convenient for the maintenance or servicing thereof;
5) The installation of park or recreational improvements, including, but not limited to, all of the
following:
a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation
systems, sidewalks, and drainage.
b) Lights, playground equipment, play courts, and public restrooms.
6) The acquisition of land for park, recreational, or open-space purposes or any existing improvement
otherwise authorized pursuant to this section.
7) The maintenance or servicing, of any of the foregoing including the furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any improvement
including but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements;
b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls,
sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 135 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 3-2
d) The removal of trimmings, rubbish, debris, and other solid waste;
e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover
graffiti;
f) Electric current or energy, gas, or other illuminating agent for any public lighting
facilities or for the lighting or operation of any other improvements;
g) Water for the irrigation of any landscaping, the operation of any fountains, or the
maintenance of any other improvements.
8) Incidental expenses associated with the improvements including, but not limited to:
a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and
assessment;
b) The costs of printing, advertising, and the publishing, posting and mailing of notices;
c) Compensation payable to the County for collection of assessments;
d) Compensation of any engineer or attorney employed to render services;
e) Any other expenses incidental to the construction, installation, or maintenance and servicing
of the improvements;
f) Costs associated with any elections held for the approcal of a new or increase assessment.
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 equipment, trails and landscaped drainage facilities developed and
constructed as part of developing properties within Tract 2498;Appurtenant facilities, equipment,
materials and utilities related to the aforementioned improvements;
Specifically not included as District improvements are those improvements located on private property,
improvements and facilities that may be provided or maintained by an agency other than the City;
improvements and facilities that may be provide by another assessment or tax levied by the City or any
improvement provided and maintained by a Homeowner’s Association or similar entity.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 136 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 3-3
Public lighting facilities including street lighting, safety lighting and ornamental lighting installed as
part of the residential development or landscaped improvement areas;
Appurtenant facilities, equipment, materials and utilities related to the aforementioned
improvements;
Specifically not included as District improvements are those improvements located on private
property, improvements and facilities that may be provided or maintained by an agency other than
the City; improvements and facilities that may be provide by another assessment or tax levied by
the City or any improvement provided and maintained by a Homeowner’s Association or similar entity.
Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by
the District are on file in the Office of Public Works and by reference are made part of this Report.
Those portions of the District improvements that may be identified as general benefit or will be funded in
whole or in part by other revenue sources as part of the approved development agreements, will not be
included as part of the District assessments. The net annual cost to provide and maintain the improvements
determined to be of special benefit shall be allocated to each property in proportion to the special benefits
received.
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.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 137 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 4-1
ESTIMATE OF COSTS
BUDGET Total Budget
Costs Not
Assessed
Fiscal Year
2018/19
DIRECT COSTS
Annual Maintenance
Landscape Services $4,830 $708 $4,122
Landscape Supplies 840 0 840
Landscape Utilities 500 0 500
City Landscape Services 9,160 0 9,160
Maintenance 830 0 830
Total Annual Direct Costs $16,160 $708 $15,452
CAPITAL EXPENDITURES
Special Projects $5,000 $0 $5,000
Total Annual Capital Expenditures $5,000 $0 $5,000
ADMINISTRATION EXEPNSES
Annual Administration Expenses
City Annual Administration $2,100 $0 $2,100
Engineer's Report & Services 3,970 0 3,970
Public Noticing 150 0 150
Total Annual Administration Costs $6,220 $0 $6,220
TOTAL DIRECT & ADMINISTRATION COSTS $27,380 $708 $26,672
CAPITAL RESERVE COLLECTIONS/(USES)
Landscape Rehabilitation/Replacement $2,938 $0 $2,938
Trail & Pathway Rehabilitation/Replacement 1,000 500 500
Park & Open Space Rehabilitation/Replacement 707 0 707
Tree Rehabilitation/Replacement 1,207 0 1,207
Park Rehabilitation/Replacement 762 0 762
Reserve Collection (Use) (14,263) 0 (14,263)
Total Annual Capital Reserve Collections/(Uses) ($7,649) $500 ($8,149)
LEVY ADJUSTMENTS
Interest Income - Improvement Fund ($901) $0 ($901)
Interest Income - Operating Reserve Fund (159) 0 (159)
Contributions from Other Sources (1,208) (1,208) 0
Total Levy Adjustments ($2,268) ($1,208) ($1,060)
BALANCE TO LEVY $17,463 $0 $17,463
DISTRICT STATISTICS
Total Parcels 89
Parcels Levied 86
Total EBU 63.5
Levy per EBU(1) $275.00
Maximum Levy per EBU $1,301.70
FUND BALANCE INFORMATION
Beginning Operating Reserve Balance $14,547
Operational Reserve Interest 159
Use of Operational Reserve Interest (159)
Operational Reserve Collection (Use) 0
Estimated Ending Operating Reserve Balance $14,547
Beginning Improvement Fund Balance $90,266
Improvement Fund Interest 901
Use of Improvement Fund Interest (901)
Improvement Fund Collection (Use) (7,567)
Estimated Ending Improvement Fund Balance $82,699
(1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 138 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 5-1
METHOD OF ASSESSMENT
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.
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.
Improved aesthetic appeal of properties providing a positive representation of the area and properties.
Enhanced adaptation of the urban environment within the natural environment from adequate green
space and landscaping.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 139 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 5-2
Environmental enhancement through improved erosion resistance, dust and debris control, and
fire prevention.
Increased sense of pride in ownership of property within the District resulting from well-maintained
improvements associated with the properties.
Enhanced quality of life through well-maintained green space and landscaped areas.
Reduced criminal activity and property-related crimes (especially vandalism) against properties in the
District through well-maintained surroundings and amenities including abatement of graffiti.
Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation
and attenuating noise.
The special benefits of street lighting and other public lighting facilities are the convenience, safety, and
security of property, improvements, and goods. Specifically:
Enhanced deterrence of crime and the aid to police protection.
Increased nighttime safety on roads, streets and public areas.
Improved ability of pedestrians and motorists to see.
Improved ingress and egress to property.
Reduced vandalism and other criminal act and damage to improvements or property.
Improved traffic circulation and reduced nighttime accidents and personal property loss.
The preceding special benefits contribute to the esthetic value and desirability of each of the assessed
parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has
been determined that the lack of funding to properly service and maintain the District improvements would
have a negative impact on the properties within the District.
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 District
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.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 140 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 5-3
Assessment Methodology
The method of apportionment for the District calculates the receipt of special benefit from the respective
improvements based on the actual or proposed land use of the parcels within the District. The special benefit
received by each lot or parcel is equated to the overall land use of parcels within the District based on the
parcel’s actual land use or proposed development.
The costs associated with the improvements shall be fairly distributed among the parcels based upon the
special benefit received by each parcel. Additionally, in compliance with the Article XIIID Section 4, each
parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that
parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the
improvements that benefit the parcels within the District as well as the proposed land use of each property
as compared to other parcels that benefit from those specific improvements.
To identify and determine the special benefit to be received by each parcel and their proportionate share of
the improvement costs it is necessary to consider the entire scope of the planned improvements as well as
individual property development within the District. Upon review of the proposed improvements it has been
determined that each of the residential parcels within the District receives special benefits from the
improvements to be funded by annual assessments and based on the planned property development a single
zone of benefit is appropriate for the allocation of the assessments and proportional benefit.
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.
(1) Single-family Residential — This land use is defined as a fully subdivided residential home site with
or without a structure. This land use is assessed 1.00 EBU per lot or parcel. This is the base value
that the other properties are compared and weighted against regarding special benefit.
(2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has
more than one residential unit developed on the property. (This land use typically includes
apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or
mobile home parks). Based on average population densities and size of the structure as compared
to a typical single-family residential unit, multi-family residential parcels shall be proportionately
assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although
multi-family properties typically receive similar benefits to that of a single-family residential, it
would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have
consistently shown that the average multi-family unit impacts infrastructure approximately 75% as
much as a single-family residence (Sample Sources: Institute of Transportation Engineers
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
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City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 5-4
Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering
Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public
improvements and infrastructure are utilized and impacted at reduced levels by multi-family
residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is
also reasonable to conclude that as the density (number of units) increases the proportional
benefit per unit tends to decline because the unit size and people per unit usually decreases.
Based on these considerations and the improvements provided by this District, an appropriate
allocation of special benefit for multi-family residential properties as compared to a single- family
residential is best represented by the following special benefit assignment: 0.75 EBU per unit for
the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for
remaining units.
(3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of
both single-family residential and multi-family residential properties and for this reason are
identified as a separate land use classification. Like most single-family residential properties, these
properties are not usually considered rental property and generally, the County assigns each unit a
separate APN or assessment number. However, condominiums and town-homes often have
similarities to multi-family residential properties in that they are generally zoned medium to high
density and in some cases may involve multiple units on a single APN. In consideration of these
factors it has been determined that an appropriate allocation of special benefit for condominiums,
town-homes and similar residential properties is best represented by an assignment of 0.75 EBU
per unit regardless of whether each unit is assigned an individual APN or there are multiple units
assigned to an APN. (There is no adjustment for parcels with more than five units).
(4) Modified Housing/Senior Housing Units — Modified Housing or Senior Housing is generally defined
as residential units that would typically be classified as Condominiums or Town-homes, but have
specific deed restrictions that may limit the size or use of all units within the development. This
classification is not applicable to individual single-family residential parcels unless all single-family
residential parcels within that particular development or subdivision have the same restrictions.
(For example: One or more single-family units within a subdivision that are deed restricted as
“Affordable Housing” or “Senior Housing” does not qualify for this land use classification, unless all
the units within that development have the same or similar deed restrictions.) Since this
classification generally involves Condominium or Town-home type properties, that are generally
assigned 0.75 EBU, it has been determined that an appropriate allocation of special benefit for
modified housing units or senior housing units is best represented by an assignment of 0.625 EBU
per unit regardless of whether each unit is assigned an individual APN or there are multiple units
assigned to a single APN.
(5) Planned-Residential Development — This land use is defined as any property for which a tentative
or final tract map has been filed and approved (a specific number of residential lots and units has
been identified) and the property is expected to be subdivided within the fiscal year or is part of
the overall improvement and development plan for the District. This land use classification often
times involves more than a single parcel (e.g. the approved tract map encompasses more than a
single APN). Each parcel that is part of the approved tract map shall be assessed proportionately
for the proposed or estimated residential type and units to be developed on that parcel as part of
the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit
units that reflects the development of that property at build-out. (The EBU assigned to each parcel
shall represent the combination of single-family, condominium, multi-family units to be
developed).
(6) Vacant Residential — This land use is defined as property currently zoned for residential
development, but a tentative or final tract map for the property has not yet been approved. Based
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
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City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 5-5
upon the opinions of professional appraisers who appraise market property values for real
estate in California, the land value portion of a property typically ranges from 20 to 30 percent
of the total value of a developed residential property (the average is about 25 percent). Although
the assessed value of an individual property is not a direct reflection of the property’s special
benefit, this general correlation between land value and structure value does provide a reasonable
basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five
percent (25%) apportionment and the number of single-family residential units typically developed
per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.00
EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of
special benefit for vacant residential properties. Recognizing that the full and timely utilization of
vacant property is reduced as the size of the property increases, it has been determined that the
maximum EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in
excess of 25 acres are assigned 25.00 EBU). Parcels less than one acre, shall be assigned a
minimum of 1.00 EBU (similar to a vacant lot within a residential tract).
(7) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00
EBU. This land use classification may include but is not limited to:
Lots or parcels identified as public streets and other roadways (typically not assigned an
APN by the County);
Dedicated public easements including open space areas, utility rights-of- way, greenbelts,
parkways, parks or other publicly owned properties that are part of the District
improvements or may provide other benefits to private properties within the District;
Private properties that cannot be developed independently from an adjacent property, such
as common areas, sliver parcels or bifurcated lots or properties with very restrictive
development use;
These types of parcels are considered to receive little or no benefit from the improvements and are
therefore exempted from assessment, but shall be reviewed annually by the assessment engineer
to confirm the parcels’ current development status. Government owned properties or public
properties are not necessarily exempt properties and shall be subject to special benefit assessment
unless it qualifies for an exempt status.
(8) Special Cases — In many districts where multiple land use classifications are involved, there are
usually one or more properties for which the standard land use classifications do not
accurately identify the special benefits received from the improvements. For example, a parcel
may be identified as a Vacant Residential property, however only a small percentage of the parcel’s
total acreage can actually be developed. In this case, an appropriate calculation would be based on
the net acreage that can be utilized rather than the gross acreage of the parcel.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 143 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 5-6
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
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,
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
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City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 5-7
which could add to the District costs and assessments. As part of the District formation, the notice and
assessment ballots presented to the property owners for approval included a maximum assessment amount
for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum
assessment rate and a summary of the Assessment Range Formula described herein.
The Assessment Range Formula for this District shall be applied to future assessments and is generally
defined:
If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to
the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an
increased assessment.
The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal
year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage
change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-
Hayward Area from February to February. The Maximum Assessment rate was increased by 3.56% for
fiscal year 2018/19. In January 2018, BLS introduced a new geographic area sample for the CPI. As part of
the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-
Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San
Mateo Counties in the State of California. This CPI will be used going forward.
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 has been
calculated independent of the District’s annual budget and proposed assessment. The annual percentage
change in CPI is based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics
at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or
discontinue the preparation of such index, the City shall use the revised index or comparable system as
approved by the City Council for determining fluctuations in the cost of living. In January 2018, BLS
introduced a new geographic area sample for the CPI. As part of the change the index for this area was renamed
from San Francisco-Oakland-San Jose to San Francisco-Oakland-Hayward. The metropolitan area is comprised of
Alameda, Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. This CPI will be used
going forward.
Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum
Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly
greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of
apportionment that increase the proportional special benefit assigned to a particular land use classification
would be considered an increased assessment. Conversely, reductions in the proportional special benefit
assigned to a land use classifications are permitted. Changes in land use or size of an individual property
resulting in an assessment increase, is not considered an increased assessment.
To impose a new or increased assessment other than the annual inflationary adjustment provided by the
preceding Assessment Range Formula, the City must comply with the provisions of Article XIIID Section 4c,
that requires a public hearing and certain protest procedures including mailed notice of the public hearing
and property owner protest balloting. Property owners through the balloting process must approve a
proposed new or increased assessment before such an assessment may be imposed.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 145 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 6-1
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.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 146 of 242
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ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 147 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 03 (De Anza Estates) 7-1
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.
ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 148 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
049-043-003 0 -$ -$
049-043-004 0 - -
049-044-002 1 1,301.70 250.00
049-044-003 1 1,301.70 250.00
049-044-004 1 1,301.70 250.00
049-044-005 1 1,301.70 250.00
049-044-006 1 1,301.70 250.00
049-044-007 1 1,301.70 250.00
049-044-008 1 1,301.70 250.00
049-044-009 1 1,301.70 250.00
049-044-010 1 1,301.70 250.00
049-044-011 1 1,301.70 250.00
049-044-012 1 1,301.70 250.00
049-044-013 1 1,301.70 250.00
049-044-014 1 1,301.70 250.00
049-044-015 1 1,301.70 250.00
049-044-016 1 1,301.70 250.00
049-044-017 1 1,301.70 250.00
049-044-018 1 1,301.70 250.00
049-044-019 1 1,301.70 250.00
049-044-020 1 1,301.70 250.00
049-044-021 1 1,301.70 250.00
049-044-022 1 1,301.70 250.00
049-044-023 1 1,301.70 250.00
049-044-024 1 1,301.70 250.00
049-044-025 1 1,301.70 250.00
049-044-026 1 1,301.70 250.00
049-044-033 1 1,301.70 250.00
049-046-001 0 - -
049-046-002 0.625 813.56 156.25
049-046-003 0.625 813.56 156.25
049-046-004 0.625 813.56 156.25
049-046-005 0.625 813.56 156.25
049-046-006 0.625 813.56 156.25
049-046-007 0.625 813.56 156.25
049-046-008 0.625 813.56 156.25
049-046-009 0.625 813.56 156.25
CITY OF ATASCADERO
Landscaping and Lighting District No. 03
(De Anza Estates)
Fiscal Year 2018/2019 Assessment Roll
helping communities fund tomorrow
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ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 149 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
049-046-010 0.625 813.56 156.25
049-046-011 0.625 813.56 156.25
049-046-012 0.625 813.56 156.25
049-046-013 0.625 813.56 156.25
049-046-014 0.625 813.56 156.25
049-046-015 0.625 813.56 156.25
049-046-016 0.625 813.56 156.25
049-046-017 0.625 813.56 156.25
049-046-018 0.625 813.56 156.25
049-046-019 0.625 813.56 156.25
049-046-020 0.625 813.56 156.25
049-046-021 0.625 813.56 156.25
049-046-022 0.625 813.56 156.25
049-046-023 0.625 813.56 156.25
049-046-024 0.625 813.56 156.25
049-046-025 0.625 813.56 156.25
049-046-026 0.625 813.56 156.25
049-046-027 0.625 813.56 156.25
049-046-028 0.625 813.56 156.25
049-046-029 0.625 813.56 156.25
049-046-030 0.625 813.56 156.25
049-046-031 0.625 813.56 156.25
049-046-032 0.625 813.56 156.25
049-046-033 0.625 813.56 156.25
049-046-034 0.625 813.56 156.25
049-046-035 0.625 813.56 156.25
049-046-036 0.625 813.56 156.25
049-046-037 0.625 813.56 156.25
049-046-038 0.625 813.56 156.25
049-046-039 0.625 813.56 156.25
049-046-040 0.625 813.56 156.25
049-046-041 0.625 813.56 156.25
049-046-042 0.625 813.56 156.25
049-046-043 0.625 813.56 156.25
049-046-044 0.625 813.56 156.25
049-046-045 0.625 813.56 156.25
049-046-046 0.625 813.56 156.25
049-046-047 0.625 813.56 156.25
049-046-048 0.625 813.56 156.25
049-046-049 0.625 813.56 156.25
049-046-050 0.625 813.56 156.25
049-046-051 0.625 813.56 156.25
helping communities fund tomorrow
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ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 150 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
049-046-052 0.625 813.56 156.25
049-046-053 0.625 813.56 156.25
049-046-054 0.625 813.56 156.25
049-046-055 0.625 813.56 156.25
049-046-056 0.625 813.56 156.25
049-046-057 0.625 813.56 156.25
049-046-058 0.625 813.56 156.25
049-046-059 0.625 813.56 156.25
049-046-060 0.625 813.56 156.25
049-046-061 0.625 813.56 156.25
Totals 63.5 82,657.95$ 15,875.00$
(1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls.
helping communities fund tomorrow
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ITEM NUMBER: A-5
DATE: 05/08/18
ATTACHMENT: 8
Page 151 of 242
ITEM NUMBER: A-6
DATE: 05/08/18
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 2018/2019.
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).
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 2018/2019, and to appoint a time and place for the
public hearing on these matters.
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 2018/2019 pursuant to the provisions of Part 2 of
Division 15 of the California Streets and Highways Code.
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 2018/2019.
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 2018/2019, and to appoint a time and place for
the public hearing on these matters.
REPORT-IN-BRIEF:
The City Council formed and began assessing Atascadero Street and Storm Drain
Maintenance District No. 02 (Woodridge) in 2005. This district was formed to provide
funding for future routine maintenance of the streets, storm drains and sidewalks in the
Woodridge subdivision.
Page 152 of 242
ITEM NUMBER: A-6
DATE: 05/08/18
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 kn own 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 12, 2018, 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 2018/2019 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 3.6% this year for both districts. The Landscape and Lighting District has a surplus
fund balance, so the City staff held a neighborhood meeting to receive input from
property owners as to the preference on how to treat the surplus. The property owners
in attendance agreed on an assessment of about 15% of the allowable maximum
annual assessments for the Landscaping and Lighting District, and about 52% of the
Street and Storm Drain District.
Atascadero Landscaping and Lighting Maintenance District
No. 02 Las Lomas 1,837.24$ 275.00$
District
Amount Per EBU
Maximum Assessment
Fiscal Year 2018-19
Amount Per EBU
Proposed Assessment
Fiscal Year 2018-19
Atascadero Street and Storm Drain Maintenance District
No. 02 Las Lomas 739.84$ 382.00$
FISCAL IMPACT:
Annual assessments for 2018/2019 will total $88,528 for road/drainage system
maintenance and $63,731 for landscape and lighting maintenance. These amounts will
be assessed to the owners of parcels in Las Lomas (Woodridge). The City General
Fund will contribute $1,250 for the fiscal year 2018/2019 for 25% of the maintenance
costs of the trails and open space.
Page 153 of 242
ITEM NUMBER: A-6
DATE: 05/08/18
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 2018/2019
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 2018/2019, 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
2018/2019 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 2018/2019 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 2018/2019
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 2018/2019
8. Engineer’s Annual Levy Report- for the levy and collection of fiscal year
2018/2019 assessments for Atascadero Landscaping and Lighting District No. 02
(Woodridge)
Page 154 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
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 2018/20189
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,
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.
Page 155 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
1
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 156 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
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.
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 2018/2019.
Page 157 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
2
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.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 158 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
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 2018/2019, 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 2018/2019 (July 1, 2018 and ending June 30, 2019) 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
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.
Page 159 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
3
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 12, 2018 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. At the Public Hearing, all interested persons shall be given an opportunity to hear and
be heard on the proposed assessment to be levied for fiscal year 2018/2019 as contained in the
Engineer’s Report on file in the City Clerk’s Office.
SECTION 6. The City Clerk shall give notice of the filing of the report and the time and
place of the Public Hearing by publishing in a local newspaper one time at least 10 days prior to the
Public Hearing.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 160 of 242
OFFICE LOCATIONS:
Temecula – Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
San Francisco – Regional Office
870 Market Street, Suite 1223
San Francisco, CA 94102
California Satellite Offices
Atascadero, Davis
Huntington Beach,
Joshua Tree, Riverside
Sacramento, San Jose
www.nbsgov.com
Prepared by:
Street and Storm Drain Maintenance
District No. 02 (Las Lomas)
2018/19 Annual Report
May 2018
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 161 of 242
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
Roberta Fonzi, Mayor Pro Tem
Charles Bourbeau, Council Member
Heather Moreno, 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
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 162 of 242
TABLE OF CONTENTS
Engineer’s Letter .......................................................................................................... 1-1
Executive Summary ..................................................................................................... 2-1
Plans and Specifications ............................................................................................... 3-1
Benefiting Properties within the District .................................................................... 3-1
Funding Authorized by The 1982 Act ......................................................................... 3-1
Description of Improvements and Services ................................................................ 3-1
Estimate of Costs ......................................................................................................... 4-1
Method of Assessment ................................................................................................ 5-1
General .................................................................................................................... 5-1
Benefit Analysis ........................................................................................................ 5-1
Assessment Methodology ......................................................................................... 5-2
Assesssment Range Formula ..................................................................................... 5-5
Assessment Diagram .................................................................................................... 6-1
Assessment Roll ........................................................................................................... 7-1
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 163 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 1-1
ENGINEER’S LETTER
WHEREAS, on March 24, 2005 by Resolution No. 2005-048, the City Council of the City of Atascadero (the
”City”), State of California, in accordance with and pursuant to the provisions of the Benefit Assessment Act
of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter
referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the
California State Constitution Article XIIID (hereafter referred to as the “California Constitution”), established
the City of Atascadero Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) (the
“District”); and
WHEREAS, on May 8, 2018, 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 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 2018/19:
FY 2018/19 Summary of Assessment
Description Amount
Estimated Annual Costs $20,100
Capital Reserve Collection/(Uses) 114,270
Levy Adjustments (45,841)
Balance to Levy $88,529
Fiscal Year 2018/19 Maximum Rate $739.84
Fiscal Year 2018/19 Proposed Applied Rate $382.00
I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge,
information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been
prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and
ordered by the City Council of the City of Atascadero and the 1982 Act.
City Engineer
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 164 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 2-1
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 2018/19.
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
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 165 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 2-2
assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation.
The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and
the assessment range formula presented and described herein; therefore, the City Council approved the
Report (as submitted or amended), ordered the formation of the District, and approved the levy and
collection of assessments. The assessments for fiscal year 2005/2006 were submitted to the San Luis
Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel.
Each subsequent fiscal year, a Report shall be prepared and presented to the City Council describing any
changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and
the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering
the proposed levy of assessments. If the proposed assessments for the District exceed the maximum
assessment described herein (as approved by the property owners), the new or increased assessment must
be confirmed through another property owner protest ballot proceeding before such an assessment may be
imposed. It should be noted that an increased assessment to an individual property resulting from changes
in development or land use does not constitute an increased assessment.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 166 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 3-1
PLANS AND SPECIFICATIONS
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
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.
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
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 167 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 3-2
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:
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;
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 168 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 3-3
Specifically not included as part of the street maintenance program are the costs associated with major
replacements or reconstruction. Although the District assessments will provide funding for regular
maintenance and servicing of the improvements that will extend the useful life of the street
improvements, the assessments are not intended to fund major replacements or reconstruction of the
street surfaces or adjacent improvements such as curbs, gutters or driveway approaches. The costs
of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt;
and replacement of curbs, gutters driveway approaches and sidewalks is significantly more than the
amount that can reasonably be collected annually under the provisions of the 1982 Act. When such
repairs or activities are deemed necessary, the City will consider various financing options including
new or increased assessments for property owner approval.
The Public Works Department shall authorize the operational activities and maintenance of the public street
and right-of-way improvements, facilities and services that may include, but are not limited to:
Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters;
Annual inspection of street surface and repair of potholes and surface cracks as needed;
Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once
every five years);
Periodic re-striping of traffic lanes, bike lanes, street parking areas, crosswalks and intersections
(typically in conjunction with slurry or overly activities);
Graffiti abatement of public improvements within the street 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
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 169 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 3-4
(within the District boundaries) but may also include off-site improvements such as water treatment
equipment, facilities or services mandated or required by Federal, State or County regulations for water
pollution control. The annual assessments for this District are intended to support a storm drain and flood
control maintenance program that will adequately regulate and control storm water runoff resulting from the
development of properties within the District. This maintenance program may include but is not limited to:
inspection and documentation of the system; cleaning, servicing or repair of the facilities and equipment; and
the partial replacement or rehabilitation of equipment and facilities. The storm drain and flood control system
includes but is not limited to:
Approximately 175,550 square feet of drainage basin area;
Twenty-four (24) inlets, outlets and manholes located throughout Tract 2525-1;
Approximately 4,965 linear feet of storm drain pipe ranging from 18 inches to 36 inches in diameter.
The Public Works Department shall authorize and schedule the operational activities and maintenance of the
storm drain and storm water pollution treatment infrastructure, facilities and services that may include, but are
not limited to:
Cleaning of storm drain inlets, catch basins, manholes and pipes as needed;
Stencil maintenance and documentation of facilities as required by Federal, State or County
regulations;
Cleaning and landscape maintenance of the drainage basins, bio-filter areas or channel ways as
needed;
Debris removal and pest control in and around the storm drain facilities as needed;
Minor repairs and maintenance of the storm drain inlets, catch basins and outlets as needed;
Street sweeping services necessary to control debris and water flow for the storm drain system;
and,
The operational costs related to NPDES compliance requirements.
A portion of the services described above are not performed on an annual basis but rather on a periodic basis
such as minor repairs to the storm drain inlets, catch basins and outlets, and the funds necessary for these
activities are collected in installments as part of the annual assessments. The monies collected each year for
these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund).
The monies accumulated for these activities shall be spent as needed to perform the services deemed
necessary by the City. This process of accumulating funds (installments) shall continue until such time the
District is dissolved; or the City determines that such funding procedures require modification. Changes in the
process of accumulating funds that would result in an increase to the annual assessment rate must be
presented to the property owners for approval prior to imposing such an increase.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 170 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 4-1
ESTIMATE OF COSTS
BUDGET FY 2018/19
DIRECT COSTS
Street, Roads & Storm Drain Improvements
Drainage Maintenance Services $7,100
Inspection & Operational Services - Roads, Drainage 7,200
Total Annual Direct Costs $14,300
ADMINISTRATION EXPENSES
City Annual Administration $2,000
Engineer's Report & Services 3,000
Public Noticing 800
Total Annual Administration Costs $5,800
TOTAL DIRECT & ADMINISTRATION COSTS $20,100
CAPITAL RESERVE COLLECTIONS/(USES)
Collection for Street Surface Activities $97,500
Collection for Street Re-striping 0
Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 12,500
Collection for Debris Removal 1,250
Collection for Maintenance and Inspections: Bridges 0
Collection for Storm Drain Infrastructure 3,020
Total Annual Capital Reserve Collections/(Uses) $114,270
LEVY ADJUSTMENTS
Interest Income - Improvement Fund ($4,066)
Interest Income - Operating Reserve Fund (134)
Improvement Fund (Use) (41,641)
Operating Reserve Fund Collection (Use) 0
Total Levy Adjustments ($45,841)
BALANCE TO LEVY $88,529
DISTRICT STATISTICS
Total Parcels 190
Parcels Levied 181
Total EBU 231.75
Levy per EBU(1) $382.00
Maximum Levy per EBU $739.84
FUND BALANCE INFORMATION
Beginning Operating Reserve Balance $13,065
Operational Reserve Interest 134
Use of Operational Reserve Interest (134)
Operational Reserve Collection (Use) 0
Ending Operating Reserve Balance $13,065
Beginning Improvement Fund Balance $324,513
Improvement Fund Interest 4,066
Use of Improvement Fund Interest (4,066)
Improvement Fund Collection (Use) 72,629
Ending Improvement Fund Balance $397,142
(1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 171 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 5-1
METHOD OF ASSESSMENT
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.
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
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 172 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 5-2
within the District and the absence of adequate maintenance and servicing of the District improvements could
eventually have a negative impact on properties within the District.
Although the improvements may include public streets and storm drain facilities that connect to similar
facilities outside the District boundaries, it is clear that the construction and installation of these improvements
were only necessary for the development of properties within the District. As such, these improvements were
not required nor necessarily desired by any properties or developments outside the District boundary and any
public access or use of the improvements by others is incidental. Therefore, it has been determined that the
ongoing maintenance, servicing and operation of the District improvements provide no measurable general
benefit to properties outside the District or to the public at large, but clearly provide distinct and special
benefits to properties within the District. Any improvement or portion thereof (particularly off-site storm drain
facilities) that may be considered general benefit shall be funded by other revenue sources and not included
as part of the special benefit assessments allocated to properties within this District. However, the costs
associated with installation or improvement of any off-site facilities that benefit the parcels within this
District as well as other properties (shared benefit) may be allocated to the parcels within the District based
on their proportional special benefit from such improvements.
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
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 173 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 5-3
EBU Application by Land Use:
(1) Single-family Residential — This land use is defined as a fully subdivided residential home site with
or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value
that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”).
(2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has
more than one residential unit developed on the property. (This land use typically includes
apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or
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.
(3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of
both single-family residential and multi-family residential properties and for this reason are
identified as a separate land use classification. Like most single-family residential properties, these
properties are not usually considered rental property and generally, the County assigns each unit a
separate APN or assessment number. However, condominiums and town-homes often have
similarities to multi-family residential properties in that they are generally zoned medium to high
density and in some cases may involve multiple units on a single APN. In consideration of these
factors it has been determined that an appropriate allocation of special benefit for condominiums,
town-homes and similar residential properties is best represented by an assignment of 0.75 EBU
per unit regardless of whether each unit is assigned an individual APN or there are multiple units
assigned to an APN. (There is no adjustment for parcels with more than five units).
(4) Planned-Residential Development — This land use is defined as any property for which a tentative
or final tract map has been filed and approved (a specific number of residential lots and units has
been identified) and the property is expected to be subdivided within the fiscal year or is part of the
overall improvement and development plan for the District. This land use classification often times
involves more than a single parcel (e.g. the approved tract map encompasses more than a single
APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the
proposed or estimated residential type and units to be developed on that parcel as part of the
approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units
that reflects the development of that property at build-out. (The EBU assigned to each parcel shall
represent the combination of single-family, condominium, multi-family units to be developed).
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 174 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 5-4
(5) Vacant Residential — This land use is defined as property currently zoned for residential
development, but a tentative or final tract map for the property has not yet been approved. Based
upon the opinions of professional appraisers who appraise market property values for real estate
in California, the land value portion of a property typically ranges from 20 to 30 percent of the
total value of a developed residential property (the average is about 25 percent). Although the
assessed value of an individual property is not a direct reflection of the property’s special benefit,
this general correlation between land value and structure value does provide a reasonable basis for
apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent
(25%) apportionment and the number of single-family residential units typically developed per acre
of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.0 EBU per acre (4
units per acre x 25%) is derived and presents an appropriate apportionment of special benefit for
vacant residential properties. Recognizing that the full and timely utilization of vacant property is
reduced as the size of the property increases, it has been determined that the maximum EBU
assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres
are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar
to a vacant lot within a residential tract).
(6) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0
EBU. This land use classification may include but is not limited to:
Lots or parcels identified as public streets and other roadways (typically not assigned an APN by
the County);
Dedicated public easements including open space areas, utility rights-of- way, greenbelts,
parkways, parks or other publicly owned properties that are part of the District improvements or may
provide other benefits to private properties within the District.;
Private properties that cannot be developed independently from an adjacent property, such as
common areas, sliver parcels or bifurcated lots or properties with very restrictive development use.
These types of parcels are considered to receive little or no benefit from the improvements and are
therefore exempted from assessment, but shall be reviewed annually by the assessment engineer
to confirm the parcels current development status. Government owned properties or public
properties are not necessarily exempt properties and shall be subject to special benefit assessment
unless it qualifies for an exempt status.
(7) Special Cases — In many districts where multiple land use classifications are involved, there are
usually one or more properties for which the standard land use classifications do not
accurately identify the special benefits received from the improvements. For example, a parcel
may be identified as a Vacant Residential property, however only a small percentage of the parcel’s
total acreage can actually be developed. In this case, an appropriate calculation would be based on
the net acreage that can be utilized rather than the gross acreage of the parcel.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 175 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 5-5
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
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.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 176 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 5-6
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. In January 2018, BLS introduced a new geographic area sample for the CPI. As
part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San
Francisco-Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San
Francisco, San Mateo Counties in the State of California. This CPI will be used going forward.
Beginning with fiscal year 2006/2007 and each fiscal year thereafter, the Maximum Assessment Rate has been
recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment
Range Formula described above. The Maximum Assessment Rate is calculated independent of the District’s
annual budget and proposed assessment. The annual percentage change in CPI is based on available data
provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared.
Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index,
the City shall use the revised index or comparable system as approved by the City Council for determining
fluctuations in the cost of living. In January 2018, BLS introduced a new geographic area sample for the CPI. As
part of the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-
Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San
Mateo Counties in the State of California. This CPI will be used going forward.
Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum
Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly
greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of
apportionment that increase the proportional special benefit assigned to a particular land use classification
would be considered an increased assessment. Conversely, reductions in the proportional special benefit
assigned to a land use classifications is permitted. Changes in land use or size of an individual property resulting
in an assessment increase, is not considered an increased assessment.
To impose a new or increased assessment other than the annual inflationary adjustment provided by
the preceding Assessment Range Formula, the City must comply with the provisions of the California
Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including
mailed notice of the public hearing and property owner protest balloting. Property owners through the
balloting process must approve a proposed new or increased assessment before such an assessment may
be imposed.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 177 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 6-1
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.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 178 of 242
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 179 of 242
City of Atascadero
2018/19 Engineer’s Report – Street and Storm Drain Maintenance District No. 02 (Las Lomas) 7-1
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.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 180 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-311-006 0 -$ -$
045-311-007 0 - -
045-311-008 0 - -
045-311-009 0 - -
045-311-010 0 - -
045-311-013 0 - -
045-311-014 17.77 13,146.96 6,788.14
045-311-015 24.83 18,370.23 9,485.06
045-311-016 19.9 14,722.82 7,601.80
045-312-001 1 739.84 382.00
045-312-002 1 739.84 382.00
045-312-003 1 739.84 382.00
045-312-004 1 739.84 382.00
045-312-005 1 739.84 382.00
045-312-006 1 739.84 382.00
045-312-007 1 739.84 382.00
045-312-008 1 739.84 382.00
045-312-009 1 739.84 382.00
045-312-010 1 739.84 382.00
045-312-011 1 739.84 382.00
045-312-012 1 739.84 382.00
045-312-013 1 739.84 382.00
045-312-014 1 739.84 382.00
045-312-015 1 739.84 382.00
045-312-016 1 739.84 382.00
045-312-017 1 739.84 382.00
045-312-018 1 739.84 382.00
045-312-019 1 739.84 382.00
045-312-020 1 739.84 382.00
045-312-021 1 739.84 382.00
045-312-022 1 739.84 382.00
045-312-023 1 739.84 382.00
045-312-024 1 739.84 382.00
045-312-025 1 739.84 382.00
045-312-026 1 739.84 382.00
045-312-027 1 739.84 382.00
045-312-028 1 739.84 382.00
CITY OF ATASCADERO
Street and Storm Drain Maintenance District No. 01
(Apple Valley)
Fiscal Year 2018/2019 Assessment Roll
helping communities fund tomorrow
www.nbsgov.com | 800.676.7516 4/18/2018 Page 1 of 5
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 181 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-312-029 1 739.84 382.00
045-312-030 1 739.84 382.00
045-312-031 1 739.84 382.00
045-312-032 1 739.84 382.00
045-312-033 1 739.84 382.00
045-312-034 1 739.84 382.00
045-312-035 1 739.84 382.00
045-312-036 1 739.84 382.00
045-312-037 1 739.84 382.00
045-312-038 1 739.84 382.00
045-312-039 1 739.84 382.00
045-312-040 1 739.84 382.00
045-312-041 1 739.84 382.00
045-312-042 1 739.84 382.00
045-312-043 1 739.84 382.00
045-312-044 1 739.84 382.00
045-312-045 1 739.84 382.00
045-312-046 1 739.84 382.00
045-312-047 1 739.84 382.00
045-312-048 1 739.84 382.00
045-312-049 1 739.84 382.00
045-312-050 1 739.84 382.00
045-312-051 1 739.84 382.00
045-312-052 1 739.84 382.00
045-312-053 1 739.84 382.00
045-312-054 1 739.84 382.00
045-312-055 1 739.84 382.00
045-312-056 1 739.84 382.00
045-313-001 1 739.84 382.00
045-313-002 1 739.84 382.00
045-313-003 1 739.84 382.00
045-313-004 1 739.84 382.00
045-313-005 1 739.84 382.00
045-313-006 1 739.84 382.00
045-313-007 1 739.84 382.00
045-313-008 1 739.84 382.00
045-313-009 1 739.84 382.00
045-313-010 1 739.84 382.00
045-313-011 1 739.84 382.00
045-313-012 1 739.84 382.00
045-313-013 1 739.84 382.00
045-313-014 1 739.84 382.00
helping communities fund tomorrow
www.nbsgov.com | 800.676.7516 4/18/2018 Page 2 of 5
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 182 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-313-015 1 739.84 382.00
045-313-018 1 739.84 382.00
045-313-019 1 739.84 382.00
045-313-020 1 739.84 382.00
045-313-021 1 739.84 382.00
045-313-026 1 739.84 382.00
045-313-027 1 739.84 382.00
045-314-001 1 739.84 382.00
045-314-002 1 739.84 382.00
045-314-003 1 739.84 382.00
045-314-004 1 739.84 382.00
045-314-005 1 739.84 382.00
045-314-006 1 739.84 382.00
045-314-007 1 739.84 382.00
045-314-008 1 739.84 382.00
045-314-009 1 739.84 382.00
045-314-010 1 739.84 382.00
045-314-011 1 739.84 382.00
045-314-012 1 739.84 382.00
045-314-013 1 739.84 382.00
045-314-014 1 739.84 382.00
045-314-015 1 739.84 382.00
045-314-016 1 739.84 382.00
045-314-017 1 739.84 382.00
045-314-018 1 739.84 382.00
045-314-019 1 739.84 382.00
045-314-020 1 739.84 382.00
045-314-021 1 739.84 382.00
045-314-022 1 739.84 382.00
045-314-023 1 739.84 382.00
045-314-024 1 739.84 382.00
045-314-025 1 739.84 382.00
045-314-026 1 739.84 382.00
045-314-027 1 739.84 382.00
045-314-028 1 739.84 382.00
045-314-029 1 739.84 382.00
045-314-030 1 739.84 382.00
045-314-031 1 739.84 382.00
045-314-032 1 739.84 382.00
045-314-033 1 739.84 382.00
045-315-001 1 739.84 382.00
045-315-002 1 739.84 382.00
helping communities fund tomorrow
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 183 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-315-003 1 739.84 382.00
045-315-004 1 739.84 382.00
045-315-005 1 739.84 382.00
045-315-006 1 739.84 382.00
045-315-007 1 739.84 382.00
045-315-008 1 739.84 382.00
045-315-009 1 739.84 382.00
045-315-010 1 739.84 382.00
045-315-011 1 739.84 382.00
045-315-012 1 739.84 382.00
045-315-013 1 739.84 382.00
045-315-014 1 739.84 382.00
045-315-015 1 739.84 382.00
045-315-016 1 739.84 382.00
045-315-017 1 739.84 382.00
045-315-018 1 739.84 382.00
045-315-019 1 739.84 382.00
045-315-020 1 739.84 382.00
045-315-021 1 739.84 382.00
045-315-022 1 739.84 382.00
045-315-023 1 739.84 382.00
045-315-024 1 739.84 382.00
045-315-025 1 739.84 382.00
045-315-026 1 739.84 382.00
045-315-027 1 739.84 382.00
045-315-028 1 739.84 382.00
045-315-029 1 739.84 382.00
045-315-030 1 739.84 382.00
045-315-031 1 739.84 382.00
045-315-032 1 739.84 382.00
045-315-033 1 739.84 382.00
045-316-040 0 - -
045-316-041 0.75 554.88 286.50
045-316-042 0.75 554.88 286.50
045-316-043 0.75 554.88 286.50
045-316-044 0.75 554.88 286.50
045-316-045 0.75 554.88 286.50
045-316-046 0.75 554.88 286.50
045-316-047 0.75 554.88 286.50
045-316-048 0.75 554.88 286.50
045-316-049 0.75 554.88 286.50
045-316-050 0.75 554.88 286.50
helping communities fund tomorrow
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 184 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-316-051 0.75 554.88 286.50
045-316-052 0.75 554.88 286.50
045-316-053 0.75 554.88 286.50
045-316-054 0.75 554.88 286.50
045-316-055 0.75 554.88 286.50
045-316-056 0.75 554.88 286.50
045-316-057 0.75 554.88 286.50
045-316-058 0.75 554.88 286.50
045-316-059 0.75 554.88 286.50
045-316-060 0.75 554.88 286.50
045-316-061 0.75 554.88 286.50
045-316-062 0.75 554.88 286.50
045-316-063 0.75 554.88 286.50
045-316-064 0.75 554.88 286.50
045-316-065 0.75 554.88 286.50
045-316-066 0.75 554.88 286.50
045-316-067 0.75 554.88 286.50
045-316-068 0.75 554.88 286.50
045-316-069 0.75 554.88 286.50
045-316-070 0.75 554.88 286.50
045-316-071 0.75 554.88 286.50
045-316-072 0.75 554.88 286.50
045-316-073 0.75 554.88 286.50
045-316-074 0.75 554.88 286.50
045-316-075 0.75 554.88 286.50
045-316-076 0 - -
045-316-077 0 - -
Totals 231.75 171,457.92$ 88,528.50$
(1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls.
helping communities fund tomorrow
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 4
Page 185 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
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 2018/2019 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
Engineer's Annual Levy Report describes any new improvements or substantial changes in existing
improvements.
Page 186 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
5
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 187 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
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 2018/2019
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 2018/2019.
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 188 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
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.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 189 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
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 2018/2019
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 2018/2019 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 2018/2019 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 2018/2019.
Page 190 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
7
SECTION 3. The boundaries of the District are described in the Engineer’s Report and are
consistent with the boundary established and described in the original formation documents, on file
with the City Clerk, and incorporated herein by reference. The District is within the boundaries of
the City of Atascadero, within the County of San Luis Obispo, State of California and includes the
territory known as Woodridge and referred to as the “Atascadero Landscaping and Lighting District
No. 02”.
SECTION 4. The improvements within the District include the ongoing maintenance,
operation and servicing of local landscaping and street lighting improvements established or
installed in connection with development of properties within the District. These improvements
generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant
facilities and expenses necessary for the ongoing maintenance and operation of public street lighting
as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space
areas and other designated easements or right-of-ways constructed and installed as part of the
development plans and agreements approved for the development of each lot and parcel within the
District.
SECTION 5. The proposed assessments for fiscal year 2018/2019, 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 12, 2018, at 6:00 p.m., at the City Council Chambers,
6500 Palma Avenue, Atascadero, California or as soon thereafter as feasible. At the Public
Hearing, all interested persons shall be given an opportunity to hear and be heard on the proposed
assessment to be levied for fiscal year 2018/2019 as contained in the Engineer’s Report on file in
the City Clerk’s Office.
SECTION 8. The City Clerk shall 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 by publishing this Resolution of Intention in a local newspaper one
time at least 10 days prior to the Public hearing.
Page 191 of 242
ITEM NUMBER: A-6
DATE:
ATTACHMENT:
05/08/18
7
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___th day
of ____, 2018.
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:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
Page 192 of 242
OFFICE LOCATIONS:
Temecula – Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
San Francisco – Regional Office
870 Market Street, Suite 1223
San Francisco, CA 94102
California Satellite Offices
Atascadero, Davis
Huntington Beach,
Joshua Tree, Riverside
Sacramento, San Jose
www.nbsgov.com
Prepared by:
Landscaping and Lighting District
District No. 02 (Las Lomas)
2018/19 Engineer’s Report
May 2018
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 193 of 242
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
Roberta Fonzi, Mayor Pro Tem
Charles Bourbeau, Council Member
Heather Moreno, 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
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 194 of 242
TABLE OF CONTENTS
Engineer’s Letter .......................................................................................................... 1-1
Executive Summary ..................................................................................................... 2-1
Plans and Specifications ............................................................................................... 3-1
Description of the District ......................................................................................... 3-1
Improvements and Services Authorized by The 1972 Act ............................................ 3-1
Description of Improvements and Services ................................................................ 3-1
Estimate of Costs ......................................................................................................... 4-1
Method of Assessment ................................................................................................ 5-1
General .................................................................................................................... 5-1
Benefit Analysis ........................................................................................................ 5-1
Assessment Methodology ......................................................................................... 5-2
Assesssment Range Formula ..................................................................................... 5-6
Assessment Diagram .................................................................................................... 6-1
Assessment Roll ........................................................................................................... 7-1
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 195 of 242
City of Atascadero
2018/19 Engineer’s Report – Lighting and Landscaping District No. 02 (Las Lomas) 1-1
ENGINEER’S LETTER
WHEREAS, on March 24, 2005 by Resolution No. 2005-051, the City Council of the City of Atascadero (the
“City”), State of California, in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part
2, Division 15 of the California Streets and Highways Code (commencing with Section 22500 (the “1972
Act”) established the City of Atascadero Landscaping and Lighting District No. 02 Las Lomas (Woodridge)
(the “District”); and
WHEREAS, on May 8, 2018 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 2018/19:
FY 2018/19 Budget Summary
Description
Total
Costs
Costs Not
Assessed
Proposed
Assessment
Total
Benefit
Units
Maximum
Rate
Proposed
Rate Per
BU
Annual Maintenance $67,487 $1,828 $65,659
Administration 5,370 0 5,370
Levy Adjustments (9,126) (1,828) (7,298)
Total $63,731 $0 $63,731 231.75 $1,837.24 $275.00
I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge,
information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been
prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and
ordered by the City Council of the City of Atascadero and the 1972 Act.
City Engineer
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 196 of 242
City of Atascadero
2018/19 Engineer’s Report – Lighting and Landscaping District No. 02 (Las Lomas) 2-1
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 2018/19, 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
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 197 of 242
City of Atascadero
2018/19 Engineer’s Report – Lighting and Landscaping District No. 02 (Las Lomas) 2-2
the proposed assessments and the assessment range formula presented and described herein, the City
Council approved the Report (as submitted or amended), ordered the formation of the District, and approved
the levy and collection of assessments. The assessments for fiscal year 2005/2006 were submitted to the San
Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel.
Each subsequent fiscal year, an Engineer’s Report shall be prepared and presented to the City Council
describing the District any changes to the District or improvements and the proposed budget and
assessments for that fiscal year and the City Council shall hold a noticed public hearing regarding these
matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for
the District exceed the maximum assessment described herein (as approved by the property owners), the
new or increased assessment must be confirmed through another property owner protest ballot proceeding
before such an assessment may be imposed. It should be noted that an increased assessment to an individual
property resulting from changes in development or land use does not constitute an increased assessment.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 198 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 02 (Las Lomas) 3-1
PLANS AND SPECIFICATIONS
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 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-four (144) 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
Improvements and Services Authorized by The 1972 Act
As generally defined by the 1972 Act and applicable to this District, the improvements and associated
assessments may include one or more of the following:
1) The installation or planting of landscaping;
2) The installation or construction of statuary, fountains, and other ornamental structures and facilities;
3) The installation or construction of public lighting facilities including, but not limited to street lights
and traffic signals;
4) The installation or construction of any facilities which are appurtenant to any of the foregoing or
which are necessary or convenient for the maintenance or servicing thereof;
5) The installation of park or recreational improvements, including, but not limited to, all of the
following:
a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation
systems, sidewalks, and drainage.
b) Lights, playground equipment, play courts, and public restrooms.
6) The acquisition of land for park, recreational, or open-space purposes or any existing improvement
otherwise authorized pursuant to this section.
7) The maintenance or servicing, of any of the foregoing including the furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any improvement
including but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements;
b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls,
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sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
d) The removal of trimmings, rubbish, debris, and other solid waste;
e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover
graffiti;
f) Electric current or energy, gas, or other illuminating agent for any public lighting
facilities or for the lighting or operation of any other improvements;
g) Water for the irrigation of any landscaping, the operation of any fountains, or the
maintenance of any other improvements.
8) Incidental expenses associated with the improvements including, but not limited to:
a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and
assessment;
b) The costs of printing, advertising, and the publishing, posting and mailing of notices;
c) Compensation payable to the County for collection of assessments;
d) Compensation of any engineer or attorney employed to render services;
e) Any other expenses incidental to the construction, installation, or maintenance and servicing
of the improvements;
f) Costs associated with any elections held for the approval of a new or increased assessment.
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 equipment, trails and landscaped drainage facilities developed and constructed
as part of developing properties within Tract 2525-1;
Public lighting facilities including street lighting, safety lighting and ornamental lighting installed as part
of the residential development or landscaped improvement areas
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Appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements;
Specifically not included as District improvements are those improvements located on private property,
improvements and facilities that may be provided or maintained by an agency other than the City;
improvements and facilities that may be provide by another assessment or tax levied by the City or any
improvement provided and maintained by a Homeowner’s Association or similar entity.
Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by
the District are on file in the Office of Public Works and by reference are made part of this Report.
Those portions of the District improvements that may be identified as general benefit or will be funded in
whole or in part by other revenue sources as part of the approved development agreements, will not be
included as part of the District assessments. The net annual cost to provide and maintain the improvements
determined to be of special benefit shall be allocated to each property in proportion to the special benefits
received.
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 and streets of
Tract 2525-1;
Approximately 175,550 square feet (4.03 acres) of landscaped area in and around the two (2) drainage
basins within Tract 2525-1;
Approximately 106,460 square feet of non-irrigated open space area within the District;
Approximately 1,981,980 square feet of non-irrigated open space area within the boundaries of the
District associated with the development of the residential properties within Tract 2525-1;
Approximately 225 street trees located within the public 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
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lights located within the various landscape improvement areas installed as part of the District’s
landscape improvements.
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ESTIMATE OF COSTS
BUDGET Total Budget
Costs Not
Assessed
Fiscal Year
2018/19
DIRECT COSTS
Annual Maintenance
Landscape Services $29,990 $1,578 $28,412
Landscape Supplies 1,040 0 1,040
Landscape Utilities 4,610 0 4,610
City Landscape Services 12,090 0 12,090
Maintenance 5,190 0 5,190
Special Projects 5,000 0 5,000
Total Annual Direct Costs $57,920 $1,578 $56,342
CAPITAL EXPENDITURES
Special Projects – Landscape and Planting $7,500 $0 $7,500
Total Annual Capital Expenditures $7,500 $0 $7,500
ADMINISTRATION EXPENSES
Annual Administration Expenses
City Annual Administration $1,320 $0 $1,320
Engineer's Report & Services 3,920 0 3,920
Public Noticing 130 0 130
Total Annual Administration Costs $5,370 $0 $5,370
TOTAL DIRECT & ADMINISTRATION COSTS $70,790 $1,578 $69,212
CAPITAL RESERVE COLLECTIONS/(USES)
Landscape Rehabilitation/Replacement $3,128 $0 $3,128
Median Rehabilitation/Replacement 138 0 138
Open Space Rehabilitation/Replacement 1,000 250 750
Tree Rehabilitation/Replacement 5,806 0 5,806
Slope Rehabilitation/Replacement 3,754 0 3,754
Other Rehabilitation/Replacement 741 0 741
Use of Reserves ($12,500) 0 ($12,500)
Total Annual Capital Reserve Collections/(Uses) $2,067 $250 $1,817
LEVY ADJUSTMENTS
Interest Income - Improvement Fund ($1,429) 0 ($1,429)
Interest Income - Operating Reserve Fund (425) 0 (425)
Operating Reserve Fund Collection (Use) (7,272) (1,828) (5,444)
Total Levy Adjustments ($9,126) ($1,828) ($7,298)
BALANCE TO LEVY $63,731 $0 $63,731
DISTRICT STATISTICS
Total Parcels 190
Parcels Levied 181
Total EBU 231.75
Levy per EBU(1) $275.00
Maximum Levy per EBU $1,837.24
FUND BALANCE INFORMATION
Beginning Operating Reserve Balance $32,445
Operational Reserve Interest 425
Use of Operational Reserve Interest (425)
Operational Reserve Collection (Use) 5,444
Estimated Ending Operating Reserve Balance $37,889
Beginning Improvement Fund Balance $125,351
Improvement Fund Interest 1,429
Use of Improvement Fund Interest (1,429)
Improvement Fund Collection (Use) 2,067
Estimated Ending Improvement Fund Balance $127,418
(1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel
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METHOD OF ASSESSMENT
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.
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.
Improved aesthetic appeal of properties providing a positive representation of the area and properties.
Enhanced adaptation of the urban environment within the natural environment from adequate green
space and landscaping
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Environmental enhancement through improved erosion resistance, dust and debris control, and
fire prevention.
Increased sense of pride in ownership of property within the District resulting from well-maintained
improvements associated with the properties.
Enhanced quality of life through well-maintained green space and landscaped areas.
Reduced criminal activity and property-related crimes (especially vandalism) against properties in the
District through well-maintained surroundings and amenities including abatement of graffiti.
Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation
and attenuating noise.
The special benefits of street lighting and other public lighting facilities are the convenience, safety, and
security of property, improvements, and goods. Specifically:
Enhanced deterrence of crime and the aid to police protection.
Increased nighttime safety on roads, streets and public areas.
Improved ability of pedestrians and motorists to see.
Improved ingress and egress to property.
Reduced vandalism and other criminal act and damage to improvements or property.
Improved traffic circulation and reduced nighttime accidents and personal property loss.
The preceding special benefits contribute to the esthetic value and desirability of each of the assessed
parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has
been determined that the lack of funding to properly service and maintain the District improvements would
have a negative impact on the properties within the District.
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
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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
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.
(1) Single-family Residential — This land use is defined as a fully subdivided residential home site with
or without a structure. This land use is assessed 1.00 EBU per lot or parcel. This is the base value
that the other properties are compared and weighted against regarding special benefit (i.e.
Equivalent Benefit Unit “EBU”).
(2) Multi-family Residential — This land use is defined as a fully subdivided residential parcel that has
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more than one residential unit developed on the property. (This land use typically includes
apartments, duplexes, triplex etc., but does not generally include condominiums, town-homes or
mobile home parks). Based on average population densities and size of the structure as compared
to a typical single-family residential unit, multi-family residential parcels shall be proportionately
assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although
multi-family properties typically receive similar benefits to that of a single-family residential, it
would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have
consistently shown that the average multi-family unit impacts infrastructure approximately 75% as
much as a single-family residence (Sample Sources: Institute of Transportation Engineers
Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater Engineering
Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public
improvements and infrastructure are utilized and impacted at reduced levels by multi-family
residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is
also reasonable to conclude that as the density (number of units) increases the proportional
benefit per unit tends to decline because the unit size and people per unit usually decreases.
Based on these considerations and the improvements provided by this District, an appropriate
allocation of special benefit for multi-family residential properties as compared to a single- family
residential is best represented by the following special benefit assignment: 0.75 EBU per unit for
the first 50 units; 0.50 EBU per unit for units 51 through 100; and 0.25 EBU per unit for
remaining units.
(3) Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of
both single-family residential and multi-family residential properties and for this reason are
identified as a separate land use classification. Like most single-family residential properties, these
properties are not usually considered rental property and generally, the County assigns each unit a
separate APN or assessment number. However, condominiums and town-homes often have
similarities to multi-family residential properties in that they are generally zoned medium to high
density and in some cases may involve multiple units on a single APN. In consideration of these
factors it has been determined that an appropriate allocation of special benefit for condominiums,
town-homes and similar residential properties is best represented by an assignment of 0.75 EBU
per unit regardless of whether each unit is assigned an individual APN or there are multiple units
assigned to an APN. (There is no adjustment for parcels with more than five units).
(4) Planned-Residential Development — This land use is defined as any property for which a tentative
or final tract map has been filed and approved (a specific number of residential lots and units has
been identified) and the property is expected to be subdivided within the fiscal year or is part of
the overall improvement and development plan for the District. This land use classification often
times involves more than a single parcel (e.g. the approved tract map encompasses more than a
single APN). Each parcel that is part of the approved tract map shall be assessed proportionately
for the proposed or estimated residential type and units to be developed on that parcel as part of
the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit
units that reflects the development of that property at build-out. (The EBU assigned to each parcel
shall represent the combination of single-family, condominium, multi-family units to be
developed).
(5) Vacant Residential — This land use is defined as property currently zoned for residential
development, but a tentative or final tract map for the property has not yet been approved. Based
upon the opinions of professional appraisers who appraise market property values for real
estate in California, the land value portion of a property typically ranges from 20 to 30 percent
of the total value of a developed residential property (the average is about 25 percent). Although
the assessed value of an individual property is not a direct reflection of the property’s special
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benefit, this general correlation between land value and structure value does provide a reasonable
basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five
percent (25%) apportionment and the number of single-family residential units typically developed
per acre of land (an average of 4 residential units per acre) an Equivalent Benefit Unit of 1.00
EBU per acre (4 units per acre x 25%) is derived and presents an appropriate apportionment of
special benefit for vacant residential properties. Recognizing that the full and timely utilization of
vacant property is reduced as the size of the property increases, it has been determined that the
maximum EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in
excess of 25 acres are assigned 25.00 EBU). Parcels less than one acre, shall be assigned a
minimum of 1.00 EBU (similar to a vacant lot within a residential tract).
(6) Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00
EBU. This land use classification may include but is not limited to:
Lots or parcels identified as public streets and other roadways (typically not assigned an
APN by the County);
Dedicated public easements including open space areas, utility rights-of- way, greenbelts,
parkways, parks or other publicly owned properties that are part of the District
improvements or may provide other benefits to private properties within the District;
Private properties that cannot be developed independently from an adjacent property, such
as common areas, sliver parcels or bifurcated lots or properties with very restrictive
development use;
These types of parcels are considered to receive little or no benefit from the improvements and are
therefore exempted from assessment, but shall be reviewed annually by the assessment engineer
to confirm the parcels’ current development status. Government owned properties or public
properties are not necessarily exempt properties and shall be subject to special benefit assessment
unless it qualifies for an exempt status.
(7) Special Cases — In many districts where multiple land use classifications are involved, there are
usually one or more properties for which the standard land use classifications do not
accurately identify the special benefits received from the improvements. For example, a parcel
may be identified as a Vacant Residential property, however only a small percentage of the parcel’s
total acreage can actually be developed. In this case, an appropriate calculation would be based on
the net acreage that can be utilized rather than the gross acreage of the parcel
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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
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,
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which could add to the District costs and assessments. As part of the District formation, the notice and
assessment ballots presented to the property owners for approval included a maximum assessment amount
for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum
assessment rate and a summary of the Assessment Range Formula described herein.
The Assessment Range Formula for this District shall be applied to future assessments and is generally
defined:
If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to
the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an
increased assessment.
The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal
year 2005/2006 adjusted annually by the greater of, three percent (3%) or the annual percentage
change in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-
Hayward Area from February to February. The Maximum Assessment rate was increased by 3.56% for
fiscal year 2018/19. In January 2018, BLS introduced a new geographic area sample for the CPI. As part of
the change the index for this area was renamed from San Francisco-Oakland-San Jose to San Francisco-
Oakland-Hayward. The metropolitan area is comprised of Alameda, Contra Costa, Marin, San Francisco, San
Mateo Counties in the State of California. This CPI will be used going forward.
Beginning with the second fiscal year (fiscal year 2006/2007) and each fiscal year thereafter, the Maximum
Assessment Rate has been recalculated and a new Maximum Assessment Rate is established for the fiscal
year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate is calculated
independent of the District’s annual budget and proposed assessment. The annual percentage change in CPI
is based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time
the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the
preparation of such index, the City shall use the revised index or comparable system as approved by the
City Council for determining fluctuations in the cost of living. In January 2018, BLS introduced a new
geographic area sample for the CPI. As part of the change the index for this area was renamed from San
Francisco-Oakland-San Jose to San Francisco-Oakland-Hayward. The metropolitan area is comprised of Alameda,
Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. This CPI will be used going
forward.
Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum
Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly
greater than the assessment applied in the prior fiscal year. Likewise, modifications to the method of
apportionment that increase the proportional special benefit assigned to a particular land use classification
would be considered an increased assessment. Conversely, reductions in the proportional special benefit
assigned to a land use classifications are permitted. Changes in land use or size of an individual property
resulting in an assessment increase, is not considered an increased assessment.
To impose a new or increased assessment other than the annual inflationary adjustment provided by the
preceding Assessment Range Formula, the City must comply with the provisions of Article XIIID Section 4c,
that requires a public hearing and certain protest procedures including mailed notice of the public hearing
and property owner protest balloting. Property owners through the balloting process must approve a
proposed new or increased assessment before such an assessment may be imposed.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 210 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 02 (Las Lomas) 6-1
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.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 211 of 242
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 212 of 242
City of Atascadero
2018/19 Engineer’s Report – Landscaping and Lighting District No. 02 (Las Lomas) 7-1
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.
ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 213 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-311-006 0 -$ -$
045-311-007 0 - -
045-311-008 0 - -
045-311-009 0 - -
045-311-010 0 - -
045-311-013 0 - -
045-311-014 17.77 32,647.75 4,886.72
045-311-015 24.83 45,618.66 6,828.22
045-311-016 19.9 36,561.07 5,472.48
045-312-001 1 1,837.24 275.00
045-312-002 1 1,837.24 275.00
045-312-003 1 1,837.24 275.00
045-312-004 1 1,837.24 275.00
045-312-005 1 1,837.24 275.00
045-312-006 1 1,837.24 275.00
045-312-007 1 1,837.24 275.00
045-312-008 1 1,837.24 275.00
045-312-009 1 1,837.24 275.00
045-312-010 1 1,837.24 275.00
045-312-011 1 1,837.24 275.00
045-312-012 1 1,837.24 275.00
045-312-013 1 1,837.24 275.00
045-312-014 1 1,837.24 275.00
045-312-015 1 1,837.24 275.00
045-312-016 1 1,837.24 275.00
045-312-017 1 1,837.24 275.00
045-312-018 1 1,837.24 275.00
045-312-019 1 1,837.24 275.00
045-312-020 1 1,837.24 275.00
045-312-021 1 1,837.24 275.00
045-312-022 1 1,837.24 275.00
045-312-023 1 1,837.24 275.00
045-312-024 1 1,837.24 275.00
045-312-025 1 1,837.24 275.00
045-312-026 1 1,837.24 275.00
045-312-027 1 1,837.24 275.00
045-312-028 1 1,837.24 275.00
CITY OF ATASCADERO
Landscaping and Lighting District No. 02
Las Lomas (Woodridge)
Fiscal Year 2018/2019 Assessment Roll
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 214 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-312-029 1 1,837.24 275.00
045-312-030 1 1,837.24 275.00
045-312-031 1 1,837.24 275.00
045-312-032 1 1,837.24 275.00
045-312-033 1 1,837.24 275.00
045-312-034 1 1,837.24 275.00
045-312-035 1 1,837.24 275.00
045-312-036 1 1,837.24 275.00
045-312-037 1 1,837.24 275.00
045-312-038 1 1,837.24 275.00
045-312-039 1 1,837.24 275.00
045-312-040 1 1,837.24 275.00
045-312-041 1 1,837.24 275.00
045-312-042 1 1,837.24 275.00
045-312-043 1 1,837.24 275.00
045-312-044 1 1,837.24 275.00
045-312-045 1 1,837.24 275.00
045-312-046 1 1,837.24 275.00
045-312-047 1 1,837.24 275.00
045-312-048 1 1,837.24 275.00
045-312-049 1 1,837.24 275.00
045-312-050 1 1,837.24 275.00
045-312-051 1 1,837.24 275.00
045-312-052 1 1,837.24 275.00
045-312-053 1 1,837.24 275.00
045-312-054 1 1,837.24 275.00
045-312-055 1 1,837.24 275.00
045-312-056 1 1,837.24 275.00
045-313-001 1 1,837.24 275.00
045-313-002 1 1,837.24 275.00
045-313-003 1 1,837.24 275.00
045-313-004 1 1,837.24 275.00
045-313-005 1 1,837.24 275.00
045-313-006 1 1,837.24 275.00
045-313-007 1 1,837.24 275.00
045-313-008 1 1,837.24 275.00
045-313-009 1 1,837.24 275.00
045-313-010 1 1,837.24 275.00
045-313-011 1 1,837.24 275.00
045-313-012 1 1,837.24 275.00
045-313-013 1 1,837.24 275.00
045-313-014 1 1,837.24 275.00
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 215 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-313-015 1 1,837.24 275.00
045-313-018 1 1,837.24 275.00
045-313-019 1 1,837.24 275.00
045-313-020 1 1,837.24 275.00
045-313-021 1 1,837.24 275.00
045-313-026 1 1,837.24 275.00
045-313-027 1 1,837.24 275.00
045-314-001 1 1,837.24 275.00
045-314-002 1 1,837.24 275.00
045-314-003 1 1,837.24 275.00
045-314-004 1 1,837.24 275.00
045-314-005 1 1,837.24 275.00
045-314-006 1 1,837.24 275.00
045-314-007 1 1,837.24 275.00
045-314-008 1 1,837.24 275.00
045-314-009 1 1,837.24 275.00
045-314-010 1 1,837.24 275.00
045-314-011 1 1,837.24 275.00
045-314-012 1 1,837.24 275.00
045-314-013 1 1,837.24 275.00
045-314-014 1 1,837.24 275.00
045-314-015 1 1,837.24 275.00
045-314-016 1 1,837.24 275.00
045-314-017 1 1,837.24 275.00
045-314-018 1 1,837.24 275.00
045-314-019 1 1,837.24 275.00
045-314-020 1 1,837.24 275.00
045-314-021 1 1,837.24 275.00
045-314-022 1 1,837.24 275.00
045-314-023 1 1,837.24 275.00
045-314-024 1 1,837.24 275.00
045-314-025 1 1,837.24 275.00
045-314-026 1 1,837.24 275.00
045-314-027 1 1,837.24 275.00
045-314-028 1 1,837.24 275.00
045-314-029 1 1,837.24 275.00
045-314-030 1 1,837.24 275.00
045-314-031 1 1,837.24 275.00
045-314-032 1 1,837.24 275.00
045-314-033 1 1,837.24 275.00
045-315-001 1 1,837.24 275.00
045-315-002 1 1,837.24 275.00
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 216 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-315-003 1 1,837.24 275.00
045-315-004 1 1,837.24 275.00
045-315-005 1 1,837.24 275.00
045-315-006 1 1,837.24 275.00
045-315-007 1 1,837.24 275.00
045-315-008 1 1,837.24 275.00
045-315-009 1 1,837.24 275.00
045-315-010 1 1,837.24 275.00
045-315-011 1 1,837.24 275.00
045-315-012 1 1,837.24 275.00
045-315-013 1 1,837.24 275.00
045-315-014 1 1,837.24 275.00
045-315-015 1 1,837.24 275.00
045-315-016 1 1,837.24 275.00
045-315-017 1 1,837.24 275.00
045-315-018 1 1,837.24 275.00
045-315-019 1 1,837.24 275.00
045-315-020 1 1,837.24 275.00
045-315-021 1 1,837.24 275.00
045-315-022 1 1,837.24 275.00
045-315-023 1 1,837.24 275.00
045-315-024 1 1,837.24 275.00
045-315-025 1 1,837.24 275.00
045-315-026 1 1,837.24 275.00
045-315-027 1 1,837.24 275.00
045-315-028 1 1,837.24 275.00
045-315-029 1 1,837.24 275.00
045-315-030 1 1,837.24 275.00
045-315-031 1 1,837.24 275.00
045-315-032 1 1,837.24 275.00
045-315-033 1 1,837.24 275.00
045-316-040 0 - -
045-316-041 0.75 1,377.93 206.24
045-316-042 0.75 1,377.93 206.24
045-316-043 0.75 1,377.93 206.24
045-316-044 0.75 1,377.93 206.24
045-316-045 0.75 1,377.93 206.24
045-316-046 0.75 1,377.93 206.24
045-316-047 0.75 1,377.93 206.24
045-316-048 0.75 1,377.93 206.24
045-316-049 0.75 1,377.93 206.24
045-316-050 0.75 1,377.93 206.24
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 217 of 242
Assessor's
Parcel Number
Equivalent
Benefit Units
Maximum
Assessment
Proposed
Assessment
045-316-051 0.75 1,377.93 206.24
045-316-052 0.75 1,377.93 206.24
045-316-053 0.75 1,377.93 206.24
045-316-054 0.75 1,377.93 206.24
045-316-055 0.75 1,377.93 206.24
045-316-056 0.75 1,377.93 206.24
045-316-057 0.75 1,377.93 206.24
045-316-058 0.75 1,377.93 206.24
045-316-059 0.75 1,377.93 206.24
045-316-060 0.75 1,377.93 206.24
045-316-061 0.75 1,377.93 206.24
045-316-062 0.75 1,377.93 206.24
045-316-063 0.75 1,377.93 206.24
045-316-064 0.75 1,377.93 206.24
045-316-065 0.75 1,377.93 206.24
045-316-066 0.75 1,377.93 206.24
045-316-067 0.75 1,377.93 206.24
045-316-068 0.75 1,377.93 206.24
045-316-069 0.75 1,377.93 206.24
045-316-070 0.75 1,377.93 206.24
045-316-071 0.75 1,377.93 206.24
045-316-072 0.75 1,377.93 206.24
045-316-073 0.75 1,377.93 206.24
045-316-074 0.75 1,377.93 206.24
045-316-075 0.75 1,377.93 206.24
045-316-076 0 - -
045-316-077 0 - -
Totals 231.75 425,780.35$ 63,730.82$
(1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls.
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ITEM NUMBER: A-6
DATE: 05/08/18
ATTACHMENT: 8
Page 218 of 242
ITEM NUMBER: A-7
DATE: 05/08/18
Atascadero City Council
Staff Report – Public Works Department
East Front Street Pavement Rehabilitation Construction Award
RECOMMENDATIONS:
Council:
1. Award a construction contract for $224,000 to Souza Construction, Inc. for the
East Front Street Pavement Rehabilitation Project (Project No. C2016R03,
Bid No. 2018-002).
2. Authorize the City Manager to execute a contract with Souza Construction, Inc. in
the amount of $224,000 for the construction of the East Front Street Pavement
Rehabilitation Project.
3. Authorize the Director of Public Works to file a Notice of Completion with the
County Recorder upon satisfactory completion of the project.
DISCUSSION:
Background:
East Front Street has a collector functional classification and is orientated south to north
parallel to US 101. East Front Street serves as the frontage road connector between
the US 101 northbound off-ramp and the US 101 interchange with Santa Rosa Road.
Due to heavy volumes of traffic, and in particular turning traffic exiting the f reeway to
use the gas stations on East Front, the roadway surface has deteriorated and is in need
of repair. This project has been budgeted and included on the Capital Improvement
Plan (CIP) for several years.
There are two segments of East Front that are failing for different reasons. The
southerly segment, from the US 101 off-ramp to Montecito Avenue, has pavement
failures located near the Shell Station driveways and at areas with poor surface
drainage and ponding. The northerly segment, from Montecito Avenue to Santa Rosa
Road, has pavement failures related to subgrade subsidence from settlement occurring
naturally due to its fill material construction which has been accelerated by animal
burrowing.
Page 219 of 242
ITEM NUMBER: A-7
DATE: 05/08/18
Analysis:
The most cost effective method for roadway rehabilitation through the southern segment
of East Front (US 101 ramp to Montecito) was determined to be a 2.5-inch grind and
overlay (mill and fill). Grind and overlays require existing pavement thickness to be
sufficient to support construction traffic during the grinding stage, which pavement
testing confirmed. There will also be localized full-depth dig outs where the existing
pavement has inadequate structural stability. In general, the pavement through this
section is structurally sound but environmentally weathered.
Pavement conditions for the northern segment of East Front (Montecito Avenue to
Santa Rosa Road) have deteriorated to the point that a full section removal and
replacement is required in the northbound lane. It was also determined that replaced
pavement would most likely fail within a few years if additional measures were not taken
to keep the fill soil from continuing to subside. To address this issue, pavement edges
on both sides of East Front will be constructed with retaining curbs up to 3-feet deep.
The southbound lane is generally in better structural condition and is proposed to be
rehabilitated with a grind and overlay to match the southern segment.
The City contracted with Dakos Land Surveying to perform a topographic s urvey and
with Earth Systems Pacific to perform soil borings and provide geotechnical evaluation
recommendations. Engineering design and construction plans were prepared in-house
by City staff, and the project was publicly bid s tarting March 20, 2018 in accordance
with State Contracting Laws and the City’s Purchasing Policy.
A total of four bid proposals were received at the bid opening on April 26, 2018 that
ranged from $224,000 to $285,703. The bids were reviewed for accuracy and
compliance with the City of Atascadero’s bidding requirements, and it was determined
that Souza Construction, Inc. of San Luis Obispo submitted the lowest responsive bid
proposal for $224,000. City staff considers the low bid to be very competitive for this
project given the Engineer’s estimate was $266,100.
Since portions of the project are located within Caltrans Right-of-W ay, a double Caltrans
encroachment permit is required. The City has applied for an encroachment permit with
Caltrans that is currently pending, and the contractor will be required to apply for a
second permit upon issuance of the Notice to Proceed. As part of the encroachment
permit, the contractor and City staff will work with Caltrans to coordinate lane closures,
detours, and signal operations during construction.
If awarded, construction is anticipated to begin in late May or early June. The
Contractor will be responsible for preparing and providing traffic control. Some
inconvenience is expected to vehicular traffic along East Front Street, but City staff will
work with the Contractor and Caltrans to minimize travel delays. Property owners in the
project vicinity will be notified of construction schedule prior to work beginning.
Page 220 of 242
ITEM NUMBER: A-7
DATE: 05/08/18
FISCAL IMPACT:
The following tables summarize the estimated expenditures and funding for the project.
ESTIMATED EXPENDITURES
Project Design / Pavement Report and Recommendations 8,800
Construction Contract 224,000
Construction Inspection / Testing / Construction Admin. (10%) 22,400
Construction Contingency (20%) 44,800
Total Estimated Expenditures: $300,000
BUDGET FUNDS
Local Transportation Funds (East Front Street Pavement
Rehabilitation – FY2017/2019 Budget)
300,000
Total Funding Sources $300,000
ATTACHMENT:
Bid Summary
Page 221 of 242
TO:
FROM:
BID NO.:
OPENED:
PROJECT:
4
Name of Bidder Bid Total
$224,000.00
$255,650.00
$270,820.00
$285,703.00
City of Atascadero
Office of the City Clerk
Bid Summary
Public Works
Amanda Muther, Deputy City Clerk
2018-002
4/26/2018
East Front Pavement Rehabilitation Project
Bids were received and opened today, as follows:
Souza Engineering Contracting, Inc.
dba Souza Construction, Inc.
R. Burke Corporation
Calportland Construction
Ferravanti Grading & Paving
ITEM NUMBER: A-7
DATE: 05/08/18
ATTACHMENT: 1
Page 222 of 242
ITEM NUMBER: B-1
DATE: 05/08/18
Atascadero City Council
Staff Report – Fire & Emergency Services
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.
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 of the approximately 11,113 parcels within the City.
Compliance with the Weed Abatement Section of the City’s Municipal Code is a critical
component of the Fuel Management Plan. The City of Atascadero does not want t o 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 helps manage the costs
associated with staffing.
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.
The fee structure is intended to cover 100% of the cost of t he 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 r efuse. This hearing allows any affected
property owner to object to the proposed abatement of hazards on their property.
Page 223 of 242
ITEM NUMBER: B-1
DATE: 05/08/18
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 .
ATTACHMENTS:
None.
Page 224 of 242
ITEM NUMBER: C-1
DATE: 05/08/18
Atascadero City Council
Staff Report – Administrative Services Department
Consideration of Cannabis Tax Measure
RECOMMENDATION:
Council direct staff to bring back a resolution and ordinance to place a measure,
imposing a tax on commercial cannabis activities, on the November 2018 ballot for
citizen consideration.
REPORT-IN-BRIEF:
At Council’s Strategic Planning Session in February 2018, Council discussed looking
into a potential ballot measure that would place a tax on commercial cannabis activit ies.
If directed by Council, staff will bring back a resolution for Council to consider placing on
the City’s November 2018 ballot.
At this time, no commercial cannabis activities are legal in the City. However, in the
event that either some activities become legal at some point in the future or illegal
activities are identified, the tax mechanism will already have been considered by the
voters.
DISCUSSION:
On November 8, 2016, Proposition 64 was approved by California voters. Proposition
64, known as the Adult Use of Marijuana Act (AUMA), allows for the sale of recreational
cannabis, and imposes state taxes on the sale and cultivation of recreational cannabis,
beginning on January 2, 2018. It also allows local governments to regulate these
commercial activities consistent with the land use and police powers bestowed on them
by the state constitution, and the state licensing program. The state imposes a 15%
excise tax on gross receipts from the sale of cannabis or any product derived therefrom ,
as well as a cultivation tax of $9.25 per ounce of dried flower or $2.75 per ounce of
dried leaf – equivalent to an additional 10% tax.
Cannabis Tax Measure Process
The City has the legal authority to impose a business or excise tax upon the gross
receipts of cannabis sales, services and transactions, provided the tax is approved by
the voters as required by the California Constitution (Proposition 218, enacted by voters
in November 1996). Under Prop. 218, the City Council does not have the authority to
Page 225 of 242
ITEM NUMBER: C-1
DATE: 05/08/18
establish or raise taxes, only to put a measure on the ballot for voter approval. In order
to place a tax measure on the November 6, 2018 ballot, it takes a 2/3 vote of the City
Council (at least 4 members). The voters must approve the establishment and rates of
a commercial cannabis tax. If passed by the Council and the electorate, the tax would
be effective January 1, 2019.
Proposition 218, now requires that all City tax election measures be placed on the same
election when City Council Members are selected. The next Council election is
scheduled for November 6, 2018. Subsequent Council elections are held every two
years.
In order to add a measure to the ballot at the same time the election is called, and
provide staff enough time to submit the proper pa perwork to the County Clerk, related
resolutions and ordinances need to be decided prior to June 18, 2018.
Advantages and Disadvantages of Cannabis Tax Measure
As with most policy actions, enacting a cannabis tax has advantages and
disadvantages. Some arguments in favor include:
If business activities become legalized at some point, the tax measure
would generate additional City revenue from which all residents can benefit;
Tax rates can be set to influence industry; high rates might discourage
industry participation and low rates might encourage it;
Businesses that are operating illegally would owe taxes, as well as those
that may one day operate in the City legally;
Cannabis taxes that are based on gross receipts are paid based on activity
level;
Cannabis taxes that are based on square footage are paid based on the
size of the space that the business occupies;
Because the tax is established by a vote of the local electorate, neither the
tax nor the revenue it generates can be taken away by the State.
Some arguments against include:
Additional taxes reduce the discretionary income of Atascadero residents;
Tax increases are not generally perceived positively by the citizenry and
may erode trust in local government.
Taxes in an amount that the industry perceives as burdensome may drive
businesses underground, rather than encourage them to operate legally in
the City.
Decision points
The City hired HdL Companies as consultants to prepare information for Council on the
tax measure and to prepare a resolution and ordinance, if needed. HdL Companies has
extensive experience in preparation of commercial cannabis tax measures and have
provided some recommendations on the decision points.
Page 226 of 242
ITEM NUMBER: C-1
DATE: 05/08/18
Amount of Proposed Tax
The commercial cannabis businesses that may be taxed include commercial cultivation,
testing labs, retail sales (including both store front and non -store front), distribution, and
manufacturing.
Rates can be set flat or can be scaled to increase over time. Council can reduce the tax
rate at any time by resolution or ordinance. Commercial cannabis tax rates vary across
cities. These rates can often influence industry activity in the city.
The following are suggested rates for discussions:
Commercial Cultivation
a. Seven dollars ($7.00) annually per square foot of canopy space in a facility
that uses exclusively artificial lighting.
b. Four dollars ($4.00) annually per square foot of canopy space in a facility that
uses a combination of natural and supplemental artificial lighting
c. Two dollars ($2.00) annually per square foot of canopy space in a facility that
uses no artificial lighting.
d. One dollar ($1.00) annually per square foot of canopy space for any nursery.
Laboratory
a. For every person who engages in the operation of a testing laboratory: one
percent (1%) of gross receipts.
Retail Sales
a. For every person who engages in the retail sales of cannabis as a retailer
(dispensary) or non-store front retailer (delivery) or microbusiness (retail
sales): Four percent (4%) of gross receipts.
Distribution
a. For every person who engages in a cannabis distribution business: two
percent (2%) of gross receipts.
Manufacturing
a. For every person who engages in a cannabis manufacturing, processing, or
microbusiness (non-retail), or any other type of cannabis business not
described in Section (B) (1), (2), (3) or (4): Two and half percent (2.5%) of
gross receipts.
According to industry representatives, cumulative taxes exceeding 30% across all
businesses would become a barrier to businesses that wish to operate le gally or
otherwise drive cannabis businesses to other communities with more favorable tax
policies. Under the AUMA, all cannabis businesses, whether they are medical or
non-medical, are subject to a 15% state excise tax. In addition, cultivators are subje ct to
a state tax of $9.25 per ounce of flower or $2.75 per ounce of leaf. The per -ounce tax
on cultivation is equivalent to a 10-15% tax on gross receipts. For non-medical retail
businesses, the consumer will also be subject to state and local sales taxes required to
be collected by the retail business.
Page 227 of 242
ITEM NUMBER: C-1
DATE: 05/08/18
The state is issuing separate licenses for medical cannabis businesses and
non-medical (adult use) cannabis businesses, although a business can have both. The
medical cannabis businesses presumably will be developing different and more unique
products needed for medicinal purposes. However, from a taxing perspective, the
state’s taxes apply equally to both. The only distinction from a taxing perspective is
consumers that have a medical card issued by the s tate will be able to avoid paying
state and local sales taxes, currently 7.75% in the City of Atascadero. As such, medical
cannabis consumers will get some relief in price relative to recreational consumers.
Type of Tax Measure
A tax measure for a general tax requires a simple majority approval of voters. The
monies from a general tax measure would be deposited into the City’s General Fund
and would be used to pay for general services, such as police, fire, recreation, parks,
and library services.
There is a current initiative called the Tax Fairness, Transparency and Accountability
Act. Its proponents are trying to get it qualified for the November 2018 ballot. If it
passes, it will require, among other things, all state and local tax measures enacted
after January 2018 to pass by 2/3 majority in order to be qualified. At the local level,
this first requires a 2/3 vote by the City Council just to submit the tax to the voters, and a
second 2/3 vote by the local electorate in order for the tax to become effective.
The City has an option to put the ballot measure on as a general tax measure that will
require a simple majority, or alternatively, the City can put it on requiring a 2/3 vote
(known as a super majority) that would meet the requirements in the event the Initiative
passes.
Other Considerations
The sale of cannabis is not legal under federal law. Banks have generally not allowed
cannabis businesses to establish bank accounts based on current federal law.
Consequently, cities that have imposed a tax on cannabis have had to establish
protocols and security procedures for the delivery of cash to their cashiers’ office. A
cash counting machine is used in most cases to facilitate and expedite the counting of
the cash. Some cities have required appointments monthly for dispensaries to bring in
the tax monies. In addition, assistance from the police department has been required in
some cases to provide added security during the counts. Overall, the cash handling
requirements have not created undue challenges or roadblocks to the imposition or
collection of the taxes, but they have resulted in additional city costs.
Process
If directed by Council, staff will bring a resolution and ordinance back for consideration.
If Council chooses to adopt the resolut ion, the measure will be placed on the November
2018 ballot for voter consideration.
FISCAL IMPACT:
None.
Page 228 of 242
ITEM NUMBER: C-2
DATE: 05/08/18
Atascadero City Council
Staff Report – Administrative Services
Agreement Authorizing the Repayment of Loans
Made from the City to the Redevelopment Agency
RECOMMENDATION:
Council adopt resolution approving an “Agreement Regarding Reinstatement of Loans,”
between the City of Atascadero and the Successor Agency to the Redevelopment
Agency of the City of Atascadero authorizing the repayment of loans made from the City
to the Redevelopment Agency and, following approval by the Oversight Board to the
Successor Agency, direct the City Manager to execute the agreement.
DISCUSSION:
Background:
Pursuant to authority granted under Community Redevelopment Law (California Health
and Safety Code Section 33000 et seq.) (“CRL”), the former Redevelopment Agency of
the City of Atascadero (“Redevelopment Agency”) had responsibility to implement the
Redevelopment Plans for the Redevelopment Project Area (“Project Area”).
Pursuant to Health and Safety Code Section 33220, the City was authorized to assist
the Redevelopment Agency for the purpose of aiding and cooperating in the planning,
undertaking, construction, and operation of redevelopment projects located within the
jurisdiction of the City, upon the terms and with or without consideration as the City
determined. The Redevelopment Agency, for its part, was authorized under Health and
Safety Code Sections 33132 and 33601 to borrow money and accept financial
assistance from the City for redevelopment projects located within the Redevelopment
Agency’s jurisdiction, Consistent with the foregoing authority, the City made the
following loans (collectively, the “Loans”) to the Redevelopment Agency:
(a) a loan in the original principal amount of $161,909, in accordance with
the terms set forth in City of Atascadero Contract #99027 for the
purpose of advancing funds to assist in the redevelopment of the
Project Area, including funding operating costs for the Redevelopment
Agency. The budget included expenditures for the Main Street
Program, industrial redevelopment of the Project Area, and operations
activities. The loan was shortly after the Redevelopment Agenc y was
established, and before tax increment revenues had sufficient time to
build up. This loan provided operating capital for the agency; and
Page 229 of 242
ITEM NUMBER: C-2
DATE: 05/08/18
(b) a loan in the original principal amount of $500,000, in accordance with
the terms set forth in City of Atascadero Contract #2001-009, for the
purpose of advancing funds to assist in the redevelopment of the
Project Area, including funding operating costs for the Redevelopment
Agency. This loan also provided operating capital in the early years of
the Agency, prior to build up of tax increment and prior to any debt
issuance; and
(c) a loan in the original principal amount of $720,000, in accordance with
the terms set forth in City of Atascadero Contract #RA001-2002, for the
purpose of advancing funds to assist in the redevelopment of the
Project Area, specifically the purchase of certain real property. These
funds were used for the purposes of removing blight through the
purchase of a downtown building that, at that time, housed an
adult-oriented business and the adjacent vacant lot.
The City agreed to serve as the successor agency to the former Redevelopment
Agency (“Successor Agency”) commencing upon dissolution of the Redevelopment
Agency on February 1, 2012. The Successor Agency came into being by operation of
law on February 1, 2012 as part of the State’s dissolution of redevelopment in California
pursuant to Assembly Bill Ext. 1 26 (ABx1 26).
The Successor Agency subsequently remitted all moneys in its accounts to the County
of San Luis Obispo, a sum in excess of eleven million dollars ($11,000,000)
representing both housing funds and non-housing funds, as required by the dissolution
legislation. The amount of non-housing funds remitted to the County exceeded the
amount of housing funds borrowed by the former Redevelopment Agency to pay its
obligations under the Supplemental Educational Revenue Augmentation Fund
(“SERAF”) legislation of 2009; the payment of all funds of the Successor Agency
effectively mooted the SERAF loan because all funds, whether housing or non -housing,
were required to be remitted and in fact were remitted as the Successor Agency moved
toward completing its obligations under the dissolution legislation.
When the Redevelopment Agency was dissolved in February 2012, the legislation that
caused for the dissolution of redevelopment agencies made it so that all loans made by
cities to former Redevelopment Agencies were no longer eligible for repayment. In
June 2012, the dissolution law substantially changed with the passage of AB 1484. AB
1484 provided a mechanism by which these loans could be repaid as long as the
Successor took a number of administrative steps to obtain a F inding of Completion.
Pursuant to Health and Safety Code Section 34191.4(b), once a successor agency
completed these specified obligations (including remittance of all moneys in its accounts
to the county in which it is located) the successor agency was e ligible to receive a
Finding of Completion and any loan agreements entered into between the
redevelopment agency and the entity that created the redevelopment agency were to be
deemed to be enforceable obligations provided that the successor agency’s overs ight
board made a finding that the Sponsoring Jurisdiction Loans were for legitimate
redevelopment purposes. The Successor Agency received a Finding of Completion on
March 8, 2013.
Page 230 of 242
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DATE: 05/08/18
In addition to requiring a Finding of Completion, AB 1484 outlined the following
repayment criteria:
Interest rates have to be recalculated from origination at a statutory interest rate;
Loans have to be repaid in accordance with a defined schedule over a
reasonable term of years;
The annual amount of repayments are subject to specified limitations outlined in
a complex formula; and
Twenty percent of repaid amounts have to be deposited into the City Housing
Successor Agency’s housing fund.
On September 22, 2015, Governor Brown signed Senate Bill 107, a budget bill
including, among other things, a modification to the language of Health and Safety Code
Section 34191.4(b) concerning the manner in which interest on these loans is to be
calculated. The modification, among other things , sets forth a single rate of interest and
means by which to calculate interest for all of the loans. Specifically, all outstanding
interest as of the date of dissolution is to be recalculated from the date of origination of
the loan as approved by the Redevelopment Agency on a quarterly basis, at a simple
interest rate of 3 percent (3%).
The total outstanding amount of the loans is $1,375,174.54. One of the key
requirements in 34191.4(b) states that the amount of property tax available to fund loan
repayments is one-half of the difference between the Redevelopment Property Tax
Trust Fund (“RPTTF”) funds available in the current fiscal year and the RPTTF
payments to the affected taxing entities in fiscal year 2012 -13. In fiscal year 2012-13,
the RPTTF payments to the affected taxing entities totaled $196,237.80. It is
anticipated that in fiscal year 2018-19 the affected taxing entities will receive in excess
of $1,592,981, so the amount available to pay the loan is one -half of the difference
between $1,592,981 and $196,237.80. That amounts to $698,372.
The amount anticipated to be available in future fiscal years to repay the loan admittedly
will vary, as it continues to be subject to the repayment formula outlined in the law. This
takes into account whether former tax increment amounts increase or decrease,
enforceable obligations are reduced or eliminated, and any further legislative changes
that may occur. The Agreement takes these unknowns into account and allows for
repayment to be extended if financial needs warrant.
The Agreement also acknowledges that despite the $698,372 available for repayment, it
is fiscally prudent to repay a lesser amount each year and instead pass more property
tax money through to the taxing entities. In particular, as the taxing entities have come
to rely on the passed-through funds, the City does not desire to cause any undue harm
to any taxing entity’s budgetary process. The proposed agreement therefore assumes
that payments will begin with the ROPS19 -20, and will begin at $180,000, and increase
gradually. This lessens the fiscal impact on the affected taxing entities. With this
proposed schedule (Exhibit A to Attachment 1), it is anticipated that it will take until
2025/2026 for the entire $1,375,174.54 and interest to be repaid.
Page 231 of 242
ITEM NUMBER: C-2
DATE: 05/08/18
Upon approval by the City Council and the Successor Agency, the Successor Agency
must present the amendment to the Agreement to the Oversight Board. An Oversight
Board meeting is scheduled for May or June 2018 to consider this item. Contingent on
the approval of the Oversight Board, the Amendment will be provided to the Department
of Finance, which has the ultimate approval authority. Upon approval by the
Department of Finance, the Successor Agency will list the Agreement as an enforceable
obligation on the Recognized Obligation Payment Schedules (ROPS) and receive future
allocations from the County Auditor-Controller’s Redevelopment Property Tax Trust
Fund (which was formally redevelopment tax increment) so that the loan can be fully
repaid.
FISCAL IMPACT:
This action by the City Council will provide repayment to the City in the amount of
$180,000 in Fiscal Year 2019-20, of which $144,000 would be used to reimburse the
General Fund that made the loans originally, and $36,000 would be required to be
deposited in to the City’s Housing Successor Agency fund to be utilized to further
affordable housing efforts in the City. Additional amounts would be repaid in future
years until the full amount of the loan is repaid in Fiscal Year 2025-26.
ATTACHMENT:
Draft Resolution with Exhibit A (Agreement Regarding Reinstatement of Loans)
Page 232 of 242
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
05/08/18
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING AN AGREEMENT
REGARDING REINSTATEMENT OF CITY LOANS MADE TO THE
FORMER REDEVELOPMENT AGENCY
WHEREAS, pursuant to authority granted under Community Redevelopment Law
(California Health and Safety Code Section 33000 et seq.) (“CRL”), the former Redevelopment
Agency of the City of Atascadero (“Redevelopment Agency”) had responsibility to implement
the Redevelopment Plans for the Redevelopment Project Area (“Project Area”); and
WHEREAS, the City of Atascadero (“City”) agreed to serve as the Successor Agency to
the Redevelopment Agency (“Successor Agency”) commencing upon dissolution of the
Redevelopment Agency on February 1, 2012 pursuant to Assembly Bill Ext. 1 26 (ABx1 26);
and
WHEREAS, pursuant to Health and Safety Code Section 33220, the City was authorized
to assist the Redevelopment Agency for the purpose of aiding and cooperating in the planning,
undertaking, construction, and operation of redevelopment projects located within the
jurisdiction of the City, upon the terms and with or without consideration as the City determined ;
and
WHEREAS, pursuant to Health and Safety Code Section 33445, the Redevelopment
Agency was authorized to enter into agreements with the City pursuant to which the
Redevelopment Agency would agree to reimburse the City for funds provided by the City for the
cost of installation and construction of public improvements, structures and facilities located
within or outside the Project Areas; and
WHEREAS, pursuant to Health and Safety Code Sections 33132 and 33601, the
Redevelopment Agency was authorized to borrow money and accept financial assistance from
the City for redevelopment projects located within the Redevelopment Agency’s jurisdiction;
and
WHEREAS, consistent with the foregoing authority, the City made the following loans
(collectively, the “Loans”) to the Redevelopment Agency:
(a) a loan in the original principal amount of $161,909, in accordance with the
terms set forth in City of Atascadero Contract #99027 for the purpose of
advancing funds to assist in the redevelopment of the Project Area, including
the funding operating costs for the Redevelopment Agency; and
(b) a loan in the original principal amount of $500,000, in accordance with the
terms set forth in City of Atascadero Contract #2001-009, for the purpose of
advancing funds to assist in the redevelopment of the Project Area, including
the funding operating costs for the Redevelopment Agency; and
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ATTACHMENT:
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(c) a loan in the original principal amount of $720,000, in accordance with the
terms set forth in City of Atascadero Contract #RA001-2002, for the purpose
of advancing funds to assist in the redevelopment of the Project Area,
specifically the purchase of certain real property; and
WHEREAS, the Successor Agency came into being by operation of law on
February 1, 2012 as part of the dissolution of redevelopment in California pursuant to ABx1 26.
The Successor Agency subsequently remitted all moneys in its accounts to the County of San
Luis Obispo, a sum in excess of Eleven Million Dollars ($11,000,000) representing both housing
funds and non-housing funds, as required by the dissolution legislation; and
WHEREAS, the amount of non-housing funds remitted to the County exceeded the
amount of housing funds borrowed by the former Redevelopment Agency to pay its obligations
under the Supplemental Educational Revenue Augmentation Fund (“SERAF”) legislation of
2009; the payment of all funds of the Successor Agency effectively mooted the SERAF loan
because all funds, whether housing or non-housing, were required to be remitted and in fact were
remitted as the Successor Agency moved toward completing its obligations under the dissolution
legislation;
WHEREAS, pursuant to Health and Safety Code Section 34191.4(b), once a successor
agency has received a Finding of Completion pursuant to Health and Safety Code Section
34179.7, loan agreements entered into between the redevelopment agency and the entity that
created the redevelopment agency (“Sponsoring Jurisdiction Loans”) shall be deemed to be
enforceable obligations provided that the successor agency’s oversight board makes a finding
that the Sponsoring Jurisdiction Loans were for legitimate redevelopment purposes; and
WHEREAS, the Successor Agency received a Finding of Completion on March 8, 2013;
and
WHEREAS, Health and Safety Code Section 34191.4(b)(2) as written after the adoption
of Senate Bill 107 now provides that: (i) interest on the remaining principal amount of the
Loans that was left unpaid after the original effective date thereof is to be recalculated from the
date of origination as approved by the former Redevelopment Agency on a quarterly basis, at a
simple interest rate of 3 percent, (ii) Sponsoring Jurisdiction Loans shall be repaid to the
sponsoring jurisdiction in accordance with a defined schedule over a reasonable term of years
and otherwise in compliance with the limitations of Section 34191.4(b)(2), and (iii) the annual
amount of repayments for Sponsoring Jurisdiction Loans p rovided for in the Recognized
Obligation Payment Schedule (“ROPS”) is subject to specified limitation; and
WHEREAS, the City and Successor Agency now wish to enter into an Agreement
Regarding Reinstatement of Loan (“Agreement”) pursuant to terms consistent with Health and
Safety Code Section 34191.4(b)(2) and other terms of the statutes governing dissolution of
redevelopment in California; and
WHEREAS, in May or June 2018, the Successor Agency’s Oversight Board (“Oversight
Board”) will consider a resolution pursuant to which the Oversight Board will be asked to
approve repayment of the Loans in accordance with the Agreement, Exhibit A, on file in the City
Page 234 of 242
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ATTACHMENT:
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Clerk’s Office and incorporated herein by this reference, which findings are necessary for final
approval of the Agreement.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council hereby finds that the facts set forth in the recitals to this
Resolution are true and correct, and establish the factual basis for the City Council’s adoption of
this Resolution.
SECTION 2. The Agreement is approved, and the City Manager or her designee is
authorized to execute the Agreement on behalf of the City substantially in the form presented
with the staff report accompanying this Resolution.
SECTION 3. The City Manager and her designees are authorized to take such further
actions as may be necessary to carry out the intent of this Resolution.
SECTION 4. The City Clerk shall certify to the adoption of the Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___day
of _________, 2018.
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:
CITY OF ATASCADERO
________________________________
Tom O’Malley, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Page 235 of 242
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
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1
AGREEMENT REGARDING REINSTATEMENT OF LOAN
(City of Atascadero/Successor Agency to the Atascadero Redevelopment Agency)
THIS AGREEMENT REGARDING REINSTATEMENT OF LOAN (this
“Agreement”) is entered into effective as of ___________________, 2018 (“Effective Date”)
by and between the Successor Agency to the City of Atascadero Redevelopment Agency
(“Successor Agency”) and the City of Atascadero, a municipal corporation (“City”). The
Successor Agency and the City are hereinafter collectively referred to as the “Parties.”
RECITALS
A. Pursuant to authority granted under Community Redevelopment Law (California
Health and Safety Code Section 33000 et seq.) (“CRL”), the former Redevelopment Agency of
the City of Atascadero (“Redevelopment Agency”) had responsibility to implement the
Redevelopment Plans for the Redevelopment Project Area (“Project Area”); and
B. The City agreed to serve as the successor agency to the former Atascadero
Redevelopment Agency commencing upon dissolution of the Redevelopment Agency on
February 1, 2012 pursuant to Assembly Bill X1 26; and
C. Pursuant to Health and Safety Code Section 33220, the City was authorized to
assist the Redevelopment Agency for the purpose of aiding and cooperating in the planning,
undertaking, construction, and operation of redevelopment projects located within the
jurisdiction of the City, upon the terms and with or without consideration as the City determined;
and
D. Pursuant to Health and Safety Code Section 33445, the Redevelopment Agency
was authorized to enter into agreements with the City pursuant to which the Redevelopment
Agency would agree to reimburse the City for funds provided by the City for the cost of
installation and construction of public improvements, structures and facilities located within or
outside the Project Area; and
E. Pursuant to Health and Safety Code Sections 33132 and 33601, the
Redevelopment Agency was authorized to borrow money and accept financial assistance from
the City for redevelopment projects located within the Redevelopment Agency’s jurisdiction;
and
F. Consistent with the foregoing authority, the City made the following loans
(collectively, the “Loans”) to the Redevelopment Agency:
(a) a loan in the original principal amount of $161,909, in accordance with the
terms set forth in City of Atascadero Contract #99027 for the purpose of
advancing funds to assist in the redevelopment of the Project Area, including
the funding of operating costs for the Redevelopment Agency; and
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2
(b) a loan in the original principal amount of $500,000, in accordance with the
terms set forth in City of Atascadero Contract #2001-009, for the purpose of
advancing funds to assist in the redevelopment of the Project Area, including
the funding of operating costs for the Redevelopment Agency; and
(c) a loan in the original principal amount of $720,000, in accordance with the
terms set forth in City of Atascadero Contract #RA001-2002, for the purpose
of advancing funds to assist in the redevelopment of the Project Area,
specifically the purchase of certain real property; and
G. The Successor Agency came into being by operation of law on February 1, 2012
as part of the dissolution of redevelopment in California pursuant to Assembly Bill 26 (1st
Extraordinary Session). The Successor Agency subsequently remitted all moneys in its accounts
to the County of San Luis Obispo, a sum in excess of Eleven Million Dollars ($11,000,000)
representing both housing funds and non-housing funds, as required by the dissolution
legislation; and
H. The amount of non-housing funds remitted to the County exceeded the amount of
housing funds borrowed by the former Redevelopment Agency to pay its obligations under the
Supplemental Educational Revenue Augmentation Fund (“SERAF”) legislation of 2009; the
payment of all funds of the Successor Agency effectively mooted the SERAF loan because all
funds, whether housing or non-housing, were required to be remitted and in fact were remitted as
the Successor Agency moved toward completing its obligations under the dissolution legislation;
I. Pursuant to Health and Safety Code Section 34191.4(b), once a successor agency
completed certain specified obligations (including remittance of all moneys in its accounts to the
county in which it is located) the successor agency was eligible to receive a Finding of
Completion pursuant to Health and Safety Code Section 34179.7; at such time any loan
agreements entered into between the redevelopment agency and the entity that created the
redevelopment agency (“Sponsoring Jurisdiction Loans”) shall be deemed to be enforceable
obligations provided that the successor agency’s oversight board makes a finding that the
Sponsoring Jurisdiction Loans were for legitimate redevelopment purposes; and
J. The Successor Agency received a Finding of Completion on March 8, 2013; and
K. Health and Safety Code Section 34191.4(b)(2) provides that: (i) interest on the
remaining principal amount of the Loans that was left unpaid after the original effective date
thereof is to be recalculated from the date of origination as a pproved by the former
Redevelopment Agency on a quarterly basis, at a simple interest rate of 3 percent, (ii)
Sponsoring Jurisdiction Loans shall be repaid to the sponsoring jurisdiction in accordance with a
defined schedule over a reasonable term of years and otherwise in compliance with the
limitations of Section 34191.4(b)(2), and (iii) the annual amount of repayments for Sponsoring
Jurisdiction Loans provided for in the Recognized Obligation Payment Schedule (“ROPS”) is
subject to specified limitations.
L. This Agreement provides for repayment of the Loans in accordance with the
requirements of Health and Safety Code Section 34191.4(b), and commits the City to use the
Loan repayment proceeds in accordance with Health and Safety Code Section 34191.4(b).
Page 237 of 242
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ATTACHMENT:
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3
M. On ______________, 2018, the Oversight Board for the Successor Agency
(“Oversight Board”) adopted Resolution No. ___ pursuant to which the Oversight Board
adopted findings determining that the Loans were made for legitimate redevelopment purposes
as authorized by and consistent with the CRL, authorized the Successor Agency to enter into this
Agreement, and authorized the Successor Agency to list this Agreement and repayment of the
Loans on the ROPS.
NOW, THEREFORE, the Successor Agency and the City agree as follows:
1. Reinstatement of Loans; Outstanding Principal Balances. The Parties acknowledge and
agree that pursuant to the facts stated in the foregoing Recitals, which by this reference are
incorporated into this Agreement, the Loans constitute enforceable obligations, eligible to be
listed on the Successor Agency’s ROPS and repaid pursuant to and in accordance with Health
and Safety Code Section 34191.4(b). The Parties acknowledge and agree that as of the Effective
Date, the outstanding principal balance of the Loans is as follows:
(a) The Loan evidenced by City of Atascadero Contract #99027 has an
outstanding principal balance in the amount of $155,174.54; and
(b) The Loan evidenced by City of Atascadero Contract #2001-009 has an
outstanding principal balance in the amount of $500,000;
(c) The Loan evidenced by City of Atascadero Contract #RA001-2002 has an
outstanding principal balance in the amount of $720,000.
Thus, the total amount outstanding is $1,375,174.54. The Parties acknowledge and agree that the
former Redevelopment Agency regularly made interest payments on the Loans but did not pay
off the principal as of the Redevelopment Dissolution Date.
2. Interest Rate. In accordance with Health and Safety Code Section 34191.4(b)(3),
commencing upon the Effective Date of the Amendment, interest shall be recalculated on the
outstanding principal balance of the Loans at a rate equal to the rate set forth in Health and
Safety Code Section 34191.4(b)(3) (the “Interest Rate”). Interest shall be calculated from
February 1, 2012, in light of the fact that the Redevelopment Agency was current on its interest
payments as of the date that its activities were frozen by Assembly Bill 26, and interest shall
continue to accrue in accordance with this Section until the total amount of the Loans is repaid in
full. Interest shall be calculated on the basis of a year of 365 days and charged for the actual
number of days elapsed.
3. Repayment Term. The Loans shall be repaid in in annual or semi-annual installments in
an amount not to exceed the sum determined pursuant to Health and Safety Code Section
34191.4(b)(3)(A) (i.e., in the aggregate, the payments made in each fiscal year shall not exceed
one-half of the increase between the amount distributed to the taxing entities pursuant to
paragraph (4) of subdivision (a) of Section 34183 in each fiscal year and the amount distributed
to the taxing entities pursuant to that paragraph in the 2012-13 base year). Payments shall be
applied first to outstanding principal, and then to accrued interest. Notwithstanding the
foregoing, if the amount of funds available to be distributed by the San Luis Obispo County
Auditor-Controller from the Redevelopment Property Tax Trust Fund for any ROPS period is
not sufficient to fully fund the other enforceable obligations on the Successor Agency’s ROPS,
payments due on the Loans, and the administrative costs of the Successor Agency for that period,
Page 238 of 242
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4
then the amount of the Loan payments due shall be reduced to the extent necessary to fully fund
the other enforceable obligations and administrative costs. The reduced Loan payments shall be
applied first to outstanding principal, and then to accrued interest. In that event, the unpaid
portion of the payment shall be deferred and the term for r epayment of the Loans shall be
extended for additional, successive ROPS periods as necessary until all outstanding principal and
accrued interest has been repaid in full.
As reflected in the attached Exhibit A, based on current projections, the Parties anticipate
that the Loans will be repaid in full by not later than 2026.
4. Use of Loan Repayment Funds. The City shall use the required portion of Loan
repayments in accordance with the requirements of Health and Safety Code Section
34191.4(b)(2)(C) to fund the City’s Low and Moderate Income Housing Asset Fund established
by the City in its capacity as the housing successor to the Redevelopment Agency. The Parties
agree that the Successor Agency’s remittance of an amount in excess of $11,000,000 to the
County of San Luis Obispo pursuant to the redevelopment dissolution law, including an amount
of non-housing funds sufficient to fully retire all amounts previously borrowed from the Low and
Moderate Income Housing Fund of the Redevelopment Agency has eliminated the need for the
City to comply with Health and Safety Code Section 34191.4(b)(2)(B). Therefore, any
repayment amounts remaining after the City complies with Health and Safety Code Section
34191.4(b)(2)(C) may be used by the City for general purposes identified in the discretion of the
City Council.
5. Subordination. Notwithstanding any contrary provision hereof, the Parties agree that the
Successor Agency’s obligation to repay the Loans shall be subordinate to the pledge of tax
increment revenue for the payment of debt service on tax allocation bonds or other indebtedness
issued by the Redevelopment Agency, the payment of the Successor Agency’s other enforceable
obligations, and the payment of the Successor Agency’s administrative costs.
6. Amendments. No amendment to or modification of this Agreement shall be effective
unless and until such amendment or modification is in writing, properly approved in accordance
with applicable procedures, and executed by the Parties.
7. Severability. If any term, provision, covenant, or condition set forth in this Agreement is
held by the final judgment of a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions, covenants, and conditions shall continue in full force
and effect to the extent that the basic intent of the Parties as expressed herein can be
accomplished. In addition, the Parties shall cooperate in good faith in an effort to amend or
modify this Agreement in a manner such that the purpose of any invalidated or voided provision,
covenant, or condition can be accomplished to the maximum extent legally permissible.
8. No Third-Party Beneficiaries; Assignments. Nothing in this Agreement is intended to
create any third-party beneficiaries to this Agreement, and no person or entity other than the
Successor Agency and the City, and the permitted successors and assigns of either of them, shall
be authorized to enforce the provisions of this Agreement.
Page 239 of 242
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
05/08/18
1
5
9. Further Assurances. Each Party agrees to execute, acknowledge and deliver all additional
documents and instruments, and to take such other actions as may be reasonably necessary to
carry out the intent of the transactions contemplated by this Agreement.
10. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
11. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original and all of which shall constitute but one and the same instrument.
SIGNATURES ON FOLLOWING PAGES.
Page 240 of 242
ITEM NUMBER: C-2
DATE:
ATTACHMENT:
05/08/18
1
6
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the
date first written above.
CITY:
CITY OF ATASCADERO
By:
City Manager
Attest:__________________________
City Clerk
Approved as to form:
By:
City Attorney
SUCCESSOR AGENCY:
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE
CITY OF ATASCADERO
By:________________________________
City Manager of the City of Atascadero
Attest:_____________________________
City Clerk of the City of Atascadero
Approved as to form:
By:________________________________
City Attorney and Legal Counsel to
Successor Agency
Page 241 of 242
Principal
Accrued Interest
Payable (Simple)
Outstanding Loan Amounts
Loan #1 155,174.54$ 34,488.13$
Loan #2 500,000.00 111,126.88
Loan #3 720,000.00 160,022.71
Total Outstanding 7/1/2019 1,375,174.54$ 305,637.71$
Maximum Payment Amount
1,592,981.00$
Less: 2012-2013 Residual RPTTF distributed (196,237.80)
1,396,743.20
Times .5 0.50
Maximum Payment Amount 698,372.00$
Date Payment
Amount to
Low/Mod
Principal
Payments
Interest
Payments
Interest
Earned Principal Balance
Accumulated
Interest
Beginning Balance 1,375,174.54$ 305,637.71$
7/1/2019 90,000.00$ (18,000.00)$ 72,000.00$ -$ -$ 1,303,174.54 305,637.71
10/1/2019 - - 9,854.14 1,303,174.54 315,491.86
1/1/2020 90,000.00 (18,000.00) 72,000.00 - 9,854.14 1,231,174.54 325,346.00
4/1/2020 - - 9,208.51 1,231,174.54 334,554.51
7/1/2020 115,000.00 (23,000.00) 92,000.00 - 9,208.51 1,139,174.54 343,763.02
10/1/2020 - - 8,614.03 1,139,174.54 352,377.05
1/1/2021 115,000.00 (23,000.00) 92,000.00 - 8,614.03 1,047,174.54 360,991.08
4/1/2021 - - 7,746.22 1,047,174.54 368,737.31
7/1/2021 140,000.00 (28,000.00) 112,000.00 - 7,832.29 935,174.54 376,569.60
10/1/2021 - - 7,071.46 935,174.54 383,641.06
1/1/2022 140,000.00 (28,000.00) 112,000.00 - 7,071.46 823,174.54 390,712.51
4/1/2022 - - 6,089.24 823,174.54 396,801.75
7/1/2022 165,000.00 (33,000.00) 132,000.00 - 6,156.89 691,174.54 402,958.64
10/1/2022 - - 5,226.42 691,174.54 408,185.06
1/1/2023 165,000.00 (33,000.00) 132,000.00 - 5,226.42 559,174.54 413,411.47
4/1/2023 - - 4,136.36 559,174.54 417,547.83
7/1/2023 190,000.00 (38,000.00) 152,000.00 - 4,182.32 407,174.54 421,730.15
10/1/2023 - - 3,078.91 407,174.54 424,809.06
1/1/2024 190,000.00 (38,000.00) 152,000.00 - 3,078.91 255,174.54 427,887.97
4/1/2024 - 1,908.57 255,174.54 429,796.54
7/1/2024 215,000.00 (43,000.00) 172,000.00 - 1,908.57 83,174.54 431,705.10
10/1/2024 - 628.94 83,174.54 432,334.04
1/1/2025 215,000.00 (43,000.00) 83174.54 88,825.46 628.94 - 344,137.51
4/1/2025 - - - 344,137.51
7/1/2025 215,000.00 (43,000.00) - 172,000.00 - - 172,137.51
10/1/2025 - - - 172,137.51
1/1/2026 215,171.89 (43,034.38) - 172,137.51 - - -
Exhibit A
SUCCESSOR AGENCY CASH FLOW FORECAST - CITY LOAN REPAYMENT SCHEDULE
3% Interest earned- simple interst calculated quarterly until principal is paid off (simple interest means no interest on outstanding interest
payments)
Estimated Residual RPTTF 2018
ITEM NUMBER: C-2
DATE: 05/08/18
ATTACHMENT: 1
Page 242 of 242