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HomeMy WebLinkAboutCC_2014-06-10_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, June 10, 2014 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) CITY COUNCIL CLOSED SESSION: 5:00 P.M. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(d)(1) Save Atascadero v. City of Atascadero, et al. San Luis Obispo County Superior Court Case No. CV 128230 b. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- Represented Professional and Management Workers and Confidential Employees City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. c. Public Employee Performance Evaluation (Govt. Code 54957) Title: City Manager 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Fonzi ROLL CALL: Mayor O’Malley Mayor Pro Tem Sturtevant Council Member Fonzi Council Member Kelley Council Member Moreno APPROVAL OF AGENDA: Roll Call PRESENTATIONS: None A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes – May 27, 2014  Recommendation: Council approve the City Council Draft Action Minutes of May 27, 2014. [City Clerk] 2. April 2014 Accounts Payable and Payroll  Fiscal Impact: $1,756,394.42  Recommendation: Council approve certified City accounts payable, payroll and vendor checks for April 2014. [Administrative Services] 3. 2014-2015 Annual Spending Limit  Fiscal Impact: None.  Recommendation: Council adopt the attached Draft Resolution establishing the annual spending limit for fiscal year 2014-2015. [Administrative Services] 4. Transfer of Atascadero Transit Fixed Route Service to San Luis Obispo Regional Transit Authority  Fiscal Impact: None.  Recommendation: Council authorize the City Manager to execute an Assignment and Assumption Agreement between the City of Atascadero, the City of Paso Robles, North County Cuesta College, and San Luis Obispo Regional Transit Authority (RTA), transferring responsibilities of the 2011 Cooperation Transit Agreement to RTA. [Public Works] 5. First Amendment to Agreement for Legal Services  Fiscal Impact: The fiscal impact of a $10 an hour rate increase for City Attorney Services will be $500 per month for the retainer of 50 hours per month. The fiscal impact for a $10 per hour increase for legal services above the 50 hour retainer will depend upon the nu mber of above retainer hours in a given month.  Recommendation: Council approve First Amendment to Agreement for Legal Services. [City Attorney] 6. Final Map 2014-0179 (Parcel Map AT 12-0079) - 9045 Junipero Avenue (LLA 2012-0109) - Kenneth Hermansen  Fiscal Impact: None.  Recommendations: Council: 1. Adopt and approve Final Parcel Map 2014-0179 (Parcel Map AT 12-0079); and, 2. Authorize and direct the Community Development Director to sign the Final Map [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 f or Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson@atascadero.org.) B. PUBLIC HEARINGS: 1. Apple Valley Assessment Districts  Ex Parte Communications:  Fiscal Impact: Annual assessments for 2014/2015 will total $42,000 for road/drainage system maintenance and $56,000 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley.  Recommendations: Council: 1. Adopt Draft Resolution A approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto for fiscal year 2014/2015; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2014/2015 for Street and Storm Drain Maintenance District No. 01 (Apple Valley); and, 3. Adopt Draft Resolution C approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto in fiscal year 2014/2015; and 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2014/2015 for Landscaping and Lighting District No. 01 (Apple Valley.) [Administrative Services] 2. De Anza Estates Assessment Districts  Ex Parte Communications:  Fiscal Impact: Annual assessments for 2014/2015 will total $40,090 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $1,020 for the fiscal year 2014/2015 for half of the maintenance costs of the trails and open space.  Recommendations: Council: 1. Adopt Draft Resolution A approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto for fiscal year 2014/2015; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2014/2015 for Street and Storm Drain Maintenance District No. 03 (De Anza Estates); and, 3. Adopt Draft Resolution C approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto in fiscal year 2014/2015; and 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2014/2015 for Landscaping and Lighting District No. 03 (De Anza Estates.) [Administrative Services] 3. Woodridge (Las Lomas) Assessment Districts  Ex Parte Communications:  Fiscal Impact: Annual assessments for 2014/2015 will total $12,103 for road/drainage system maintenance and $11,638 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Woodridge (Las Lomas).  Recommendations: Council: 1. Adopt Draft Resolution A approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2014/2015; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2014/2015 for Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas); and, 3. Adopt Draft Resolution C approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 02 – Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2014/2015; and 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2014/2015 for Landscaping and Lighting District No. 02 – Woodridge (Las Lomas.) [Administrative Services] C. MANAGEMENT REPORTS: 1. Solid Waste and Recycling Contract Negotiations  Fiscal Impact: Commercial businesses in town will realize lower solid waste and recycling disposal costs, estimated at an aggregate of $250,000 annually. City franchise fees would be reduced due to the lower commercial garbage rates an estimated $25,000 per year. The City would also realize reduced general fund expenses in meeting regulatory compliance requirements for storm water permits (i.e. street sweeping and trash removal).  Recommendations: Council: 1. Direct staff to bring back a contract that contains the deal points outlined in the Atascadero Waste Alternative proposal for the exclusive curbside collection of trash, commingled recyclables and green waste within City limits.; and, 2. Direct staff to bring back a contract that contains the deal points outlined in the North San Luis Obispo County Recycling, Inc. proposal for the disposal of curbside recyclable and green waste materials originating within the City limits. [Public Works] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O’Malley 1. City / Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Sturtevant 1. City / Schools Committee 2. City of Atascadero Finance Committee 3. League of California Cities – Council Liaison Council Member Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Economic Vitality Corporation, Board of Directors (EVC) 4. Homeless Services Oversight Council Council Member Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. City of Atascadero Design Review Committee E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence subm itted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 10, 2014 Regular Session of the Atascadero City Council was posted on June 4, 2014, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 4th day of June, 2014, at Atascadero, California. Lori Mlynczak, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office . In compliance with the Americans with Disab ilities 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 m eeting. 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. ITEM NUMBER: A-1 DATE: 06/10/14 Atascadero City Council May 27, 2014 Page 1 of 8 CITY OF ATASCADERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, May 27, 2014 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. ITEM NUMBER: A-1 DATE: 06/10/14 Atascadero City Council May 27, 2014 Page 2 of 8 Represented Professional and Management Workers and Confidential Employees b. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subsection (d) of Government Code Section 54956.9. One case 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT City Attorney Pierik announced that there was no reportable action taken. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:02 p.m. and Mayor Pro Tem Sturtevant led the Pledge of Allegiance. ROLL CALL: Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem Sturtevant, and Mayor O’Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jerel Haley, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem Sturtevant and seconded by Council Member Kelley to approve the agenda. Motion passed 5:0 by a roll-call vote. ITEM NUMBER: A-1 DATE: 06/10/14 Atascadero City Council May 27, 2014 Page 3 of 8 PRESENTATIONS: 1. Life-Saving Awards Presented to Support Services Technician Erin Russell and Corporal Rochelle Hanson Police Chief Jerel Haley presented Ms. Russell and Corporal Hanson their Life -Saving awards. A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – April 22, 2014  Recommendation: Council approve the City Council Draft Action Minutes of April 22, 2014. [City Clerk] 2. City Council Draft Action Minutes – May 13, 2014  Recommendation: Council approve the City Council Draft Action Minutes of May 13, 2014. [City Clerk] 3. Community Development Block Grant Program Fiscal Years 2015/16 through 2017/2018  Fiscal Impact: The proposed agreement will reduce City CDBG Administration funding for the next three years. The current annual award amount is approximately $133,000 which will be reduced by 13% to fund the County expenses for administrative project oversight, resulting in approximately $115,710 in available funding to the City for CDBG programs. City Administration revenue would be reduced by $17,290.  Recommendation: Council authorize continued participation in the urban county Community Development Block Grant Program for Fiscal Years 2015/2016 through 2017/2018. [Public Works] Mayor O’Malley pulled Item #A-3 for discussion. MOTION: By Council Member Fonzi and seconded by Council member Kelley to approve Item #A-1 & #A-2 of the Consent Calendar. Motion passed 5:0 by a roll-call vote. Item #A-3: At Mayor O’Malley’s request, Public Works Director Russ Thompson clarified this item and explained the changes in this process. Director Thompson also answered questions from the Council. MOTION: By Council Member Moreno and seconded by Council Member Fonzi to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (Contract No. 2014-013) ITEM NUMBER: A-1 DATE: 06/10/14 Atascadero City Council May 27, 2014 Page 4 of 8 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: Grenda Ernst, Jake Lidico, Chuck Ward, and Dana Cummings. Mayor O’Malley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: 1. Atascadero Tourism Business Improvement District (ATBID) Fiscal Year Confirmation of Annual Assessment  Ex Parte Communications:  Fiscal Impact: None  Recommendation: Council adopt the Draft Resolution confirming the annual assessment for the Atascadero Tourism Business Improvement District, Fiscal Year 2014-15. [City Manager] Mayor O’Malley announced that he would be stepping down on this item as he owns a lodging facility and therefore has a conflict of interest. Assistant to the City Manager Marcia McClure Torgerson gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Fonzi and seconded by Council Member Kelley to adopt the Draft Resolution confirming the annual assessment for the Atascadero Tourism Business Improvement District, Fiscal Year 2014-15. Motion passed 4:0 by a roll-call vote. (O’Malley abstained) (Resolution No. 2014-029) ITEM NUMBER: A-1 DATE: 06/10/14 Atascadero City Council May 27, 2014 Page 5 of 8 C. MANAGEMENT REPORTS: 1. PLN 2014-1492 ECHO On-Site Operations Management Plan (ECHO / City of Atascadero)  Fiscal Impact: There is no projected fiscal impact with the proposed adoption of the operations management plan.  Recommendation: City Council adopt Draft Resolution A, approving the on-site management plan for the El Camino Housing Organization (ECHO) operating an emergency shelter at 6370 Atascadero Mall for consistency with the City’s Emergency Shelter Ordinance. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Jim Patterson, Tilman Moen, Bill Watt, Jay DeCou, and Lon Allan. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Kelley and seconded by Mayor Pro Tem Sturtevant to adopt Draft Resolution A, approving the on-site management plan for the El Camino Housing Organization (ECHO) operating an emergency shelter at 6370 Atascadero Mall for consistency with the City’s Emergency Shelter Ordinance. Motion passed 5:0 by a roll-call vote. (Resolution No. 2014- 030) Mayor O’Malley recessed the meeting at 7:23 p.m. Mayor O’Malley reconvened the meeting at 7:39 p.m. 2. Economic Development Commercial District Appearance - Update Report: Signage Clean-up Strategy  Fiscal Impact: None. While the receipt and file of this report has no direct fiscal impact, implementation of the signage clean -up strategy will require that budgeted staff time be spent on the project.  Recommendation: Council receive and file staff’s signage clean-up strategy update report. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. ITEM NUMBER: A-1 DATE: 06/10/14 Atascadero City Council May 27, 2014 Page 6 of 8 PUBLIC COMMENT: The following citizens spoke on this item: Linda Hendy, and Lon Allan. Mayor O’Malley closed the Public Comment period. City Council received and filed this report. 3. Pending General Plan Amendment - “Old Atascadero Library Site” Request for Authorization to Process PLN 2014 -1506 6850 Morro Rd, 6907 & 6925 Atascadero Ave. (County of San Luis Obispo)  Fiscal Impact: The proposed changes to the General Plan and Zoning designations of the site are not expected to create any major fiscal impacts. Re-designation of the parcels will allow for commercial redevelopment of the site.  Recommendations: 1. Council Adopt Draft Resolution A, authorizing staff to process the proposed General Plan Amendment application, with a neighborhood meeting and study session; and, 2. Deny the applicant’s request for a fee waiver of all City application fees for the General Plan Amendment, associated Zone Change applications, and the mailing and label generation fees. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Linda Van Clete, Chris Bonicle, Debbie Arnold, Eileen O’Grady, and Roland Carter. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Moreno and seconded by Mayor O’Malley to adopt Draft Resolution A, authorizing staff to process the proposed General Plan Amendment application, with a neighborhood meeting and study session. Motion passed 5:0 by a roll-call vote. (Resolution No. 2014- 031) ITEM NUMBER: A-1 DATE: 06/10/14 Atascadero City Council May 27, 2014 Page 7 of 8 4. Pending General Plan Amendment - Request for Authorization to Process PLN 2009-1346 & PLN 2011-1413 - Halcon Road /Viejo Camino (ConsciousBuild Atascadero, LLC / Melhouse / Kirk Consulting) & Alondra / Santa Barbara Road (Baron / McKinney / Riggs)  Fiscal Impact: If the project is approved for processing, it should be required to be fiscally neutral so the added residential units fund their own on-site improvements and maintenance, as well as their fair share of off - site improvements and impacts to City emergency services.  Recommendations: 1. Council direct the applicant to prepare a management and funding agreement, signed by all property owners, that demonstrates the Project can address the technical and environmental issues raised by the proposal; and 2. Council direct staff to return this item to Council for consideration once this agreement is prepared. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Jamie Kirk. Mayor O’Malley closed the Public Comment period. Mayor O’Malley recessed the meeting at 9:07 p.m. Mayor O’Malley reconvened the meeting at 9:21 p.m. Council asked questions of Ms. Kirk and staff. PUBLIC COMMENT: The following citizens spoke on this item: Andrew Goodwin, Bob Barron, Diana Dillon, Eric Beatty, Pat Rodda, Mike Joy, and Laura Joy. Mayor O’Malley closed the Public Comment period. MOTION: By Mayor O’Malley and seconded by Mayor Pro Tem Sturtevant to: 1. Direct the applicant to prepare a management and funding agreement, signed by all property owners, that demonstrates the Project can address the technical and environmental issues raised by the proposal; and, 2. Direct staff to return this item to Council for consideration once this agreement is prepared. Motion passed 5:0 by a roll-call vote. ITEM NUMBER: A-1 DATE: 06/10/14 Atascadero City Council May 27, 2014 Page 8 of 8 COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. D. COMMITTEE REPORTS: Council Member Kelley 1. Atascadero State Hospital Advisory Committee – Met with Chamber and City last week. 2. City of Atascadero Design Review Committee – Meets tomorrow. E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT Mayor O’Malley adjourned the meeting at 10:49 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager ITEM NUMBER: A-2 DATE: 06/10/14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of April 2014 1581 04/01/2014 RABOBANK, N.A.41,100.31Payroll Vendor Payment 1582 04/01/2014 EMPLOYMENT DEV DEPARTMENT 9,929.04Payroll Vendor Payment 1583 04/01/2014 EMPLOYMENT DEV. DEPARTMENT 963.52Payroll Vendor Payment 140849 04/04/2014 A & R CONSTRUCTION 1,391.00Accounts Payable Check 140850 04/04/2014 AECOM TECHNICAL SERVICES, INC.4,693.41Accounts Payable Check 140851 04/04/2014 AGP VIDEO, INC.2,380.00Accounts Payable Check 140852 04/04/2014 TREVOR R. AGUILAR 30.00Accounts Payable Check 140853 04/04/2014 ALL SIGNS AND GRAPHICS, LLC 80.25Accounts Payable Check 140854 04/04/2014 ALLSTAR FIRE EQUIPMENT, INC.35,641.63Accounts Payable Check 140855 04/04/2014 ALTHOUSE & MEADE, INC.1,160.89Accounts Payable Check 140856 04/04/2014 AMERICAN MARBORG 297.48Accounts Payable Check 140857 04/04/2014 AMERICAN WEST TIRE & AUTO INC 2,995.44Accounts Payable Check 140858 04/04/2014 AMI PIPE & SUPPLY, INC.123.44Accounts Payable Check 140859 04/04/2014 ASCAP 330.88Accounts Payable Check 140860 04/04/2014 AT&T 983.28Accounts Payable Check 140861 04/04/2014 AT&T 772.27Accounts Payable Check 140862 04/04/2014 ATASCADERO HAY & FEED 271.74Accounts Payable Check 140864 04/04/2014 ATASCADERO MUTUAL WATER CO.6,088.80Accounts Payable Check 140865 04/04/2014 ATASCADERO TRAFFIC WAY STORAGE 676.00Accounts Payable Check 140866 04/04/2014 BASSETT'S CRICKET RANCH,INC.136.60Accounts Payable Check 140867 04/04/2014 BATTERY SYSTEMS 285.83Accounts Payable Check 140868 04/04/2014 BERRY MAN, INC.166.40Accounts Payable Check 140869 04/04/2014 BLUEPRINTER 64.80Accounts Payable Check 140870 04/04/2014 NICHOLAS P. BOONISAR 36.00Accounts Payable Check 140871 04/04/2014 ALEX J. BRAZZI 60.00Accounts Payable Check 140872 04/04/2014 GREGORY A. BRAZZI 45.00Accounts Payable Check 140873 04/04/2014 SHIRLEY R. BRUTON 367.20Accounts Payable Check 140874 04/04/2014 CASEY BRYSON 321.00Accounts Payable Check 140875 04/04/2014 BURKE,WILLIAMS, & SORENSON LLP 30,169.62Accounts Payable Check 140876 04/04/2014 C & H CYCLES 508.46Accounts Payable Check 140877 04/04/2014 CA CODE CHECK, INC.8,120.10Accounts Payable Check 140878 04/04/2014 CALIFORNIA JPIA 169.00Accounts Payable Check 140879 04/04/2014 CALPORTLAND COMPANY 2,058.15Accounts Payable Check 140880 04/04/2014 JOSEPH M. CARRO 540.00Accounts Payable Check 140881 04/04/2014 LISA CAVA 43.95Accounts Payable Check 140882 04/04/2014 CENTRAL COAST PIZZA CO,71.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 06/10/14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of April 2014 140883 04/04/2014 KATHLEEN J. CINOWALT 224.00Accounts Payable Check 140884 04/04/2014 CO OF SAN LUIS OBISPO SART PRG 500.00Accounts Payable Check 140885 04/04/2014 COASTAL REPROGRAPHIC SERVICES 18.36Accounts Payable Check 140886 04/04/2014 COLONY AUTO SERVICE, INC.294.86Accounts Payable Check 140887 04/04/2014 CROP PRODUCTION SERVICES, INC.977.85Accounts Payable Check 140888 04/04/2014 CRYSTAL SPRINGS WATER 30.91Accounts Payable Check 140889 04/04/2014 MATTHEW J. CURRY 165.00Accounts Payable Check 140890 04/04/2014 D4 ELECTRIC 671.44Accounts Payable Check 140891 04/04/2014 DAKOS LAND SURVEYS, INC.750.00Accounts Payable Check 140892 04/04/2014 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check 140893 04/04/2014 BRIAN S. DAVIN, JR.234.00Accounts Payable Check 140894 04/04/2014 DANIEL A. DAVIS 434.00Accounts Payable Check 140895 04/04/2014 SANDRA N. DEAL PH.D.400.00Accounts Payable Check 140896 04/04/2014 DEPARTMENT OF JUSTICE 962.00Accounts Payable Check 140897 04/04/2014 DEPARTMENT OF TRANSPORTATION 318.47Accounts Payable Check 140898 04/04/2014 DIVISION OF STATE ARCHITECT 308.40Accounts Payable Check 140899 04/04/2014 DOOLEY ENTERPRISES INC 2,403.38Accounts Payable Check 140900 04/04/2014 ASHLEY H. DOOLEY 54.00Accounts Payable Check 140901 04/04/2014 DORMAN HYDRO SEEDING 200.00Accounts Payable Check 140902 04/04/2014 EL CAMINO VETERINARY HOSP 770.72Accounts Payable Check 140903 04/04/2014 ESCUELA DEL RIO 120.00Accounts Payable Check 140904 04/04/2014 FARM SUPPLY COMPANY 68.64Accounts Payable Check 140905 04/04/2014 FARWEST LINE SPECIALTIES 32.04Accounts Payable Check 140906 04/04/2014 FEDERAL EXPRESS 5.84Accounts Payable Check 140907 04/04/2014 FERRELL'S AUTO REPAIR 783.30Accounts Payable Check 140908 04/04/2014 FGL ENVIRONMENTAL 438.00Accounts Payable Check 140909 04/04/2014 FLYMEAT.COM 44.95Accounts Payable Check 140910 04/04/2014 FOOD FOR LESS 147.84Accounts Payable Check 140911 04/04/2014 WARREN FRACE 300.00Accounts Payable Check 140912 04/04/2014 FRAZEE PAINT 23.06Accounts Payable Check 140913 04/04/2014 GAS COMPANY 1,090.90Accounts Payable Check 140914 04/04/2014 GEM AUTO PARTS 474.95Accounts Payable Check 140915 04/04/2014 GENE BARRE CONSTRUCTION, INC.13,860.84Accounts Payable Check 140916 04/04/2014 GILBERT'S LANDSCAPES 407.91Accounts Payable Check 140917 04/04/2014 MARK D. GREENAWAY 27.00Accounts Payable Check 140918 04/04/2014 GSA - INFORMATION TECHNOLOGY 542.54Accounts Payable Check 140919 04/04/2014 BRADLEY A. HACKLEMAN 1,063.20Accounts Payable Check ITEM NUMBER: A-2 DATE: 06/10/14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of April 2014 140920 04/04/2014 HART IMPRESSIONS PRINT & COPY 267.10Accounts Payable Check 140921 04/04/2014 HOME DEPOT CREDIT SERVICES 1,147.42Accounts Payable Check 140922 04/04/2014 DANA J. HUMPHREY 380.00Accounts Payable Check 140923 04/04/2014 EVELYN R. INGRAM 680.00Accounts Payable Check 140924 04/04/2014 INHOUSE SECURITY SERVICE, LLC 243.75Accounts Payable Check 140925 04/04/2014 THE INK CO.268.50Accounts Payable Check 140926 04/04/2014 INTERSTATE SALES 491.36Accounts Payable Check 140927 04/04/2014 IZONE 926.00Accounts Payable Check 140928 04/04/2014 J. CARROLL CORPORATION 183.60Accounts Payable Check 140929 04/04/2014 CAROL D. JANSSEN 202.50Accounts Payable Check 140930 04/04/2014 JD FRANZ RESEARCH, INC.14,000.00Accounts Payable Check 140931 04/04/2014 JIFFY LUBE 98.95Accounts Payable Check 140932 04/04/2014 JK'S UNLIMITED 2,945.12Accounts Payable Check 140933 04/04/2014 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check 140934 04/04/2014 JOEL SWITZER DIESEL REPAIR,INC 697.89Accounts Payable Check 140935 04/04/2014 KABOOM INSTANT RODENT CONTROL 300.00Accounts Payable Check 140936 04/04/2014 DAREN KENNETT 145.00Accounts Payable Check 140937 04/04/2014 KIDZ LOVE SOCCER 2,681.70Accounts Payable Check 140938 04/04/2014 NANCY S. KNOX 117.45Accounts Payable Check 140939 04/04/2014 WILLIAM T. KNUCKLES 45.00Accounts Payable Check 140940 04/04/2014 ANDY C. LARA 144.00Accounts Payable Check 140941 04/04/2014 LAYNE LABORATORIES, INC.806.52Accounts Payable Check 140942 04/04/2014 LEHIGH HANSON 1,930.87Accounts Payable Check 140943 04/04/2014 M.J. BERTACCINI & ASSOCIATES 647.50Accounts Payable Check 140944 04/04/2014 MADRONE LANDSCAPES, INC.6,944.65Accounts Payable Check 140945 04/04/2014 ANNETTE MANIER 17.92Accounts Payable Check 140946 04/04/2014 SHARON A. MARINI 180.00Accounts Payable Check 140947 04/04/2014 MARTIN & CHAPMAN CO.37.03Accounts Payable Check 140948 04/04/2014 MICHAEL BRANDMAN ASSOCIATES 20,330.00Accounts Payable Check 140949 04/04/2014 MID-COAST MOWER & SAW, INC.24.90Accounts Payable Check 140950 04/04/2014 MINER'S ACE HARDWARE 682.06Accounts Payable Check 140952 04/04/2014 MISSION UNIFORM SERVICE 734.90Accounts Payable Check 140953 04/04/2014 REON C MONSON 384.00Accounts Payable Check 140954 04/04/2014 NBS 6,061.73Accounts Payable Check 140955 04/04/2014 NORTH COAST ENGINEERING INC.563.00Accounts Payable Check 140956 04/04/2014 OFFICE DEPOT INC.467.77Accounts Payable Check 140957 04/04/2014 TARA ORLICK 49.28Accounts Payable Check ITEM NUMBER: A-2 DATE: 06/10/14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of April 2014 140958 04/04/2014 PACIFIC COAST GYMNASTICS CENTE 38.50Accounts Payable Check 140959 04/04/2014 PACIFIC GAS AND ELECTRIC 5,205.87Accounts Payable Check 140960 04/04/2014 PASO ROBLES NEWSPAPERS 89.00Accounts Payable Check 140961 04/04/2014 PASO ROBLES SAFE & LOCK, INC.24.30Accounts Payable Check 140962 04/04/2014 PENFIELD & SMITH ENGINEERS INC 860.00Accounts Payable Check 140963 04/04/2014 PHOTO STOP 236.25Accounts Payable Check 140964 04/04/2014 PROCARE JANITORIAL SUPPLY,INC.2,565.66Accounts Payable Check 140965 04/04/2014 QUALITY CODE PUBLISHING 4,129.31Accounts Payable Check 140966 04/04/2014 JERI RANGEL 300.00Accounts Payable Check 140967 04/04/2014 RACHELLE RICKARD 500.00Accounts Payable Check 140968 04/04/2014 SAFETY DRIVERS ED., LLC.34.30Accounts Payable Check 140969 04/04/2014 SAN LUIS PERSONNEL INC.440.64Accounts Payable Check 140970 04/04/2014 SAN LUIS POWERHOUSE, INC.290.00Accounts Payable Check 140971 04/04/2014 SCHLEGEL SAND, GRAVEL, & LAND 348.90Accounts Payable Check 140972 04/04/2014 SCOTT DAVIS CONSULTING 1,143.75Accounts Payable Check 140973 04/04/2014 SCOTT O'BRIEN FIRE & SAFETY CO 330.63Accounts Payable Check 140974 04/04/2014 DIEGO SEGOVIA 276.26Accounts Payable Check 140975 04/04/2014 SHORIN-RYU KARATE 452.20Accounts Payable Check 140976 04/04/2014 JOHN C. SIEMENS 196.00Accounts Payable Check 140977 04/04/2014 SLO AIR POLLUTION CONTROL DIST 392.00Accounts Payable Check 140978 04/04/2014 SLO COUNTY CLERK-RECORDER 2,231.25Accounts Payable Check 140979 04/04/2014 SLO COUNTY SHERIFF'S OFFICE 131.00Accounts Payable Check 140980 04/04/2014 DAVID L. SMAW 150.00Accounts Payable Check 140981 04/04/2014 SOLARCITY CORPORATION 155.00Accounts Payable Check 140982 04/04/2014 PATRICK L. STANHOPE 266.90Accounts Payable Check 140983 04/04/2014 STANLEY CONVERGENT SECURITY 523.58Accounts Payable Check 140984 04/04/2014 STOVE & SPA CENTER 5.33Accounts Payable Check 140985 04/04/2014 SUNLIGHT JANITORIAL 1,439.00Accounts Payable Check 140986 04/04/2014 SUPERIOR CRANE & TRANSPORT 858.00Accounts Payable Check 140987 04/04/2014 SUPERIOR QUALITY COPIERS, INC.138.50Accounts Payable Check 140988 04/04/2014 TESCO CONTROLS, INC.120.00Accounts Payable Check 140989 04/04/2014 RUSS THOMPSON 300.00Accounts Payable Check 140990 04/04/2014 ANTHONY J. TRAVERSO 54.00Accounts Payable Check 140991 04/04/2014 U.S. POSTMASTER 600.00Accounts Payable Check 140992 04/04/2014 UNITED STAFFING ASSC., INC.1,584.00Accounts Payable Check 140993 04/04/2014 VALLEY PACIFIC PETROLEUM SVCS 6,023.04Accounts Payable Check 140994 04/04/2014 IWINA M. VAN BEEK 57.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 06/10/14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of April 2014 140995 04/04/2014 VERIZON WIRELESS 1,267.72Accounts Payable Check 140996 04/04/2014 MATT VIERRA 321.00Accounts Payable Check 140997 04/04/2014 WALLACE GROUP 13,845.32Accounts Payable Check 140998 04/04/2014 WULFING'S BACKGROUND & POLYGR 250.00Accounts Payable Check 140999 04/04/2014 KAREN B. WYKE 512.85Accounts Payable Check 141000 04/10/2014 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment 141001 04/10/2014 ATASCADERO POLICE OFFICERS 1,271.75Payroll Vendor Payment 141002 04/10/2014 ATASCADERO PROF. FIREFIGHTERS 535.00Payroll Vendor Payment 141003 04/10/2014 FLEX-PLAN SERVICES INC.2,038.78Payroll Vendor Payment 141004 04/10/2014 HARTFORD LIFE INSURANCE 9,382.69Payroll Vendor Payment 141005 04/10/2014 NATIONWIDE RETIREMENT SOLUTION 854.16Payroll Vendor Payment 141006 04/10/2014 SEIU LOCAL 620 779.77Payroll Vendor Payment 141007 04/10/2014 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment 141008 04/10/2014 VANTAGEPOINT TRNSFR AGT 304633 2,663.79Payroll Vendor Payment 1584 04/11/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,727.87Payroll Vendor Payment 1585 04/11/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 57,532.16Payroll Vendor Payment 1586 04/11/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 404.12Payroll Vendor Payment 1587 04/11/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,801.41Payroll Vendor Payment 1588 04/11/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 561.94Payroll Vendor Payment 1589 04/11/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,355.69Payroll Vendor Payment 1590 04/11/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,230.71Payroll Vendor Payment 1591 04/11/2014 STATE DISBURSEMENT UNIT 874.61Payroll Vendor Payment 1592 04/15/2014 RABOBANK, N.A.42,833.50Payroll Vendor Payment 1593 04/15/2014 EMPLOYMENT DEV DEPARTMENT 10,485.41Payroll Vendor Payment 1594 04/15/2014 EMPLOYMENT DEV. DEPARTMENT 1,000.85Payroll Vendor Payment 141009 04/15/2014 CHEVRON & TEXACO BUS. CARD 627.71Accounts Payable Check 141010 04/15/2014 SHELL 1,419.54Accounts Payable Check 141011 04/15/2014 WEX BANK - 76 UNIVERSL 15,039.34Accounts Payable Check 141012 04/18/2014 A & R CONSTRUCTION 1,243.00Accounts Payable Check 141013 04/18/2014 KEITH AGGSON 280.00Accounts Payable Check 141014 04/18/2014 AIRGAS USA, LLC 138.35Accounts Payable Check 141015 04/18/2014 ALLSTAR FIRE EQUIPMENT, INC.1,875.88Accounts Payable Check 141016 04/18/2014 AMERICAN BACKFLOW PREV. ASSC.130.00Accounts Payable Check 141017 04/18/2014 AMERICAN WEST TIRE & AUTO INC 141.55Accounts Payable Check 141018 04/18/2014 ANTECH DIAGNOSTICS 130.25Accounts Payable Check ITEM NUMBER: A-2 DATE: 06/10/14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of April 2014 141019 04/18/2014 AT&T 52.77Accounts Payable Check 141020 04/18/2014 AT&T 160.08Accounts Payable Check 141021 04/18/2014 ATASCADERO GLASS, INC.85.00Accounts Payable Check 141022 04/18/2014 ATASCADERO HAY & FEED 1,837.54Accounts Payable Check 141023 04/18/2014 ATASCADERO LITTLE LEAGUE 362.50Accounts Payable Check 141024 04/18/2014 ATASCADERO NEWS 602.55Accounts Payable Check 141025 04/18/2014 ATASCADERO YOUTH FOOTBALL 624.25Accounts Payable Check 141026 04/18/2014 AVTEC, INC.131,387.90Accounts Payable Check 141027 04/18/2014 BASSETT'S CRICKET RANCH,INC.272.36Accounts Payable Check 141028 04/18/2014 BELL'S PLUMBING REPAIR, INC.195.00Accounts Payable Check 141029 04/18/2014 BERRY MAN, INC.1,114.60Accounts Payable Check 141030 04/18/2014 BLADES ON ICE 752.50Accounts Payable Check 141031 04/18/2014 BURKE,WILLIAMS, & SORENSON LLP 11,713.87Accounts Payable Check 141032 04/18/2014 C & H CYCLES 301.87Accounts Payable Check 141033 04/18/2014 CA CODE CHECK, INC.4,427.21Accounts Payable Check 141034 04/18/2014 KEVIN CAMPION 1,571.75Accounts Payable Check 141035 04/18/2014 KATE CAPELA 13.00Accounts Payable Check 141036 04/18/2014 CASH 400.00Accounts Payable Check 141037 04/18/2014 CENTRAL CA ASA 605.00Accounts Payable Check 141038 04/18/2014 CENTRAL COAST R & R LOCK 32.40Accounts Payable Check 141039 04/18/2014 CITY OF ATASCADERO 601.25Accounts Payable Check 141040 04/18/2014 CO OF SAN LUIS OBISPO SART PRG 1,500.00Accounts Payable Check 141041 04/18/2014 COAST ELECTRONICS 1,287.45Accounts Payable Check 141042 04/18/2014 COASTAL COPY, LP 239.06Accounts Payable Check 141043 04/18/2014 COASTAL REPROGRAPHIC SERVICES 86.81Accounts Payable Check 141044 04/18/2014 CRYSTAL SPRINGS WATER 38.70Accounts Payable Check 141045 04/18/2014 BRIAN S. DAVIN, JR.234.00Accounts Payable Check 141046 04/18/2014 DEPARTMENT OF FORESTRY & FIRE 2,029.86Accounts Payable Check 141047 04/18/2014 DISH 72.67Accounts Payable Check 141048 04/18/2014 DRIVE CUSTOMS 307.80Accounts Payable Check 141049 04/18/2014 EL CAMINO VETERINARY HOSP 844.89Accounts Payable Check 141050 04/18/2014 ELECTRICRAFT, INC.9,995.00Accounts Payable Check 141051 04/18/2014 ESCUELA DEL RIO 240.00Accounts Payable Check 141052 04/18/2014 FARM SUPPLY COMPANY 225.74Accounts Payable Check 141053 04/18/2014 FEDERAL EXPRESS 67.98Accounts Payable Check 141054 04/18/2014 SANDRA FERNANDEZ 76.50Accounts Payable Check 141055 04/18/2014 FERRELL'S AUTO REPAIR 448.76Accounts Payable Check ITEM NUMBER: A-2 DATE: 06/10/14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of April 2014 141056 04/18/2014 FLYMEAT.COM 33.95Accounts Payable Check 141057 04/18/2014 THOMAS E. GANDY 5,641.22Accounts Payable Check 141058 04/18/2014 GAS COMPANY 187.58Accounts Payable Check 141059 04/18/2014 GEM AUTO PARTS 507.79Accounts Payable Check 141060 04/18/2014 GSOLUTIONS, INC.900.86Accounts Payable Check 141061 04/18/2014 DANA J. HUMPHREY 280.00Accounts Payable Check 141062 04/18/2014 JK'S UNLIMITED 2,355.45Accounts Payable Check 141063 04/18/2014 JOHN DEERE LANDSCAPES, INC.139.75Accounts Payable Check 141064 04/18/2014 KARP LAND SURVEYS 1,330.00Accounts Payable Check 141065 04/18/2014 LA ROSAS AUTOMOTIVE 170.00Accounts Payable Check 141066 04/18/2014 ANDY C. LARA 36.00Accounts Payable Check 141067 04/18/2014 LIFE ASSIST, INC.404.85Accounts Payable Check 141068 04/18/2014 BECKY MAXWELL 45.70Accounts Payable Check 141069 04/18/2014 MICHAEL K. NUNLEY & ASSC, INC.7,083.90Accounts Payable Check 141070 04/18/2014 MID-COAST GEOTECHNICAL, INC.2,290.00Accounts Payable Check 141071 04/18/2014 MID-COAST MOWER & SAW, INC.30.55Accounts Payable Check 141072 04/18/2014 MINER'S ACE HARDWARE 400.19Accounts Payable Check 141073 04/18/2014 MISSION UNIFORM SERVICE 328.01Accounts Payable Check 141074 04/18/2014 KATIE MULDER 59.39Accounts Payable Check 141075 04/18/2014 MWI VETERINARY SUPPLY CO.132.99Accounts Payable Check 141076 04/18/2014 NORTH COAST ENGINEERING INC.31,643.34Accounts Payable Check 141077 04/18/2014 NORTHERN ENERGY 1,149.63Accounts Payable Check 141078 04/18/2014 OFFICE DEPOT INC.171.81Accounts Payable Check 141080 04/18/2014 PACIFIC GAS AND ELECTRIC 29,618.47Accounts Payable Check 141081 04/18/2014 PASO ROBLES FORD LINCOLN MERC 1,525.70Accounts Payable Check 141082 04/18/2014 PASO ROBLES TRUCK CENTER 234.45Accounts Payable Check 141083 04/18/2014 PATTERSON MEDICAL SUPPLY, INC.66.16Accounts Payable Check 141084 04/18/2014 PHOTO STOP 322.92Accounts Payable Check 141085 04/18/2014 PRO SOUND CA, INC.3,416.88Accounts Payable Check 141086 04/18/2014 PROCARE JANITORIAL SUPPLY,INC.178.98Accounts Payable Check 141087 04/18/2014 QUINCY ENGINEERING, INC.9,000.00Accounts Payable Check 141088 04/18/2014 RANGE MASTER 170.40Accounts Payable Check 141089 04/18/2014 RECOGNITION WORKS 102.14Accounts Payable Check 141090 04/18/2014 REVENUE & COST SPECIALISTS LLC 6,625.00Accounts Payable Check 141091 04/18/2014 ROB DAVIS BACKHOE 9,950.00Accounts Payable Check 141092 04/18/2014 CHRISTOPHER R. ROBINSON 172.00Accounts Payable Check 141093 04/18/2014 JOHN B. SALTER 320.00Accounts Payable Check ITEM NUMBER: A-2 DATE: 06/10/14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of April 2014 141094 04/18/2014 SANTA MONICA SEAFOOD 507.30Accounts Payable Check 141095 04/18/2014 SCOTT O'BRIEN FIRE & SAFETY CO 157.25Accounts Payable Check 141096 04/18/2014 SLO COUNTY HEALTH AGENCY 57,364.75Accounts Payable Check 141097 04/18/2014 DELORES P. SOTO 54.00Accounts Payable Check 141098 04/18/2014 PATRICK L. STANHOPE 1,287.00Accounts Payable Check 141099 04/18/2014 STAPLES CREDIT PLAN 1,008.69Accounts Payable Check 141100 04/18/2014 TEMPLETON FLOOR CO., INC.5,966.00Accounts Payable Check 141101 04/18/2014 TEMPLETON UNIFORMS 38.22Accounts Payable Check 141102 04/18/2014 LESLIE R. THOMPSON 94.80Accounts Payable Check 141103 04/18/2014 THE TREE MAN 206.40Accounts Payable Check 141104 04/18/2014 U.S. POSTMASTER 300.00Accounts Payable Check 141105 04/18/2014 V. LOPEZ JR. & SONS G.E.C. INC 30,485.26Accounts Payable Check 141106 04/18/2014 VALLEY PACIFIC PETROLEUM SVCS 2,401.80Accounts Payable Check 141107 04/18/2014 IWINA M. VAN BEEK 114.00Accounts Payable Check 141108 04/18/2014 RENE VASQUEZ 45.00Accounts Payable Check 141109 04/18/2014 VERIZON WIRELESS 796.57Accounts Payable Check 141110 04/18/2014 VIBORG SAND & GRAVEL, INC.2,817.20Accounts Payable Check 141111 04/18/2014 WALLACE GROUP 18,954.92Accounts Payable Check 141112 04/18/2014 WAYNE'S TIRE, INC.735.01Accounts Payable Check 141113 04/18/2014 WELL SEEN SIGN CO., LLC 408.47Accounts Payable Check 141114 04/18/2014 WEST COAST AUTO & TOWING, INC.70.00Accounts Payable Check 141118 04/22/2014 U.S. BANK 15,171.33Accounts Payable Check 141119 04/24/2014 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment 141120 04/24/2014 ATASCADERO POLICE OFFICERS 1,229.50Payroll Vendor Payment 141121 04/24/2014 ATASCADERO PROF. FIREFIGHTERS 535.00Payroll Vendor Payment 141122 04/24/2014 EMPLOYMENT DEV. DEPARTMENT 5,958.00Payroll Vendor Payment 141123 04/24/2014 FLEX-PLAN SERVICES INC.2,038.78Payroll Vendor Payment 141124 04/24/2014 FLEX-PLAN SERVICES INC.125.00Payroll Vendor Payment 141125 04/24/2014 HARTFORD LIFE INSURANCE 9,382.69Payroll Vendor Payment 141126 04/24/2014 ICMA-RC 125.00Payroll Vendor Payment 141127 04/24/2014 NATIONWIDE RETIREMENT SOLUTION 750.52Payroll Vendor Payment 141128 04/24/2014 SEIU LOCAL 620 792.52Payroll Vendor Payment 141129 04/24/2014 VANTAGEPOINT TRNSFR AGT 106099 288.29Payroll Vendor Payment 141130 04/24/2014 VANTAGEPOINT TRNSFR AGT 304633 2,663.79Payroll Vendor Payment 141131 04/24/2014 ALLSTATE WORKPLACE DIVISION 2,727.01Payroll Vendor Payment 141132 04/24/2014 BLUE SHIELD OF CALIFORNIA 131,162.52Payroll Vendor Payment ITEM NUMBER: A-2 DATE: 06/10/14 Check Number Check Date Vendor Description Amount City of Atascadero Disbursement Listing For the Month of April 2014 141133 04/24/2014 LINCOLN NATIONAL LIFE INS CO 896.43Payroll Vendor Payment 141134 04/24/2014 MEDICAL EYE SERVICES 1,663.55Payroll Vendor Payment 141135 04/24/2014 PREFERRED BENEFITS INSURANCE 9,803.99Payroll Vendor Payment 1595 04/25/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,720.65Payroll Vendor Payment 1596 04/25/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 55,368.15Payroll Vendor Payment 1597 04/25/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 476.01Payroll Vendor Payment 1598 04/25/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,524.12Payroll Vendor Payment 1599 04/25/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 537.84Payroll Vendor Payment 1600 04/25/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,568.77Payroll Vendor Payment 1601 04/25/2014 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,240.16Payroll Vendor Payment 1602 04/25/2014 STATE DISBURSEMENT UNIT 874.61Payroll Vendor Payment 141136 04/28/2014 LEAGUE OF CALIFORNIA CITIES 250.00Accounts Payable Check 141137 04/28/2014 STATE BOARD OF EQUALIZATION 11,657.00Accounts Payable Check 1603 04/29/2014 RABOBANK, N.A.41,899.05Payroll Vendor Payment 1604 04/29/2014 EMPLOYMENT DEV DEPARTMENT 10,108.06Payroll Vendor Payment 1605 04/29/2014 EMPLOYMENT DEV. DEPARTMENT 998.71Payroll Vendor Payment $ 1,257,782.91 ITEM NUMBER: A-2 DATE: 06/10/14 ITEM NUMBER: A-3 DATE: 06/10/14 Atascadero City Council Staff Report – Administrative Services Department 2014-2015 Annual Spending Limit RECOMMENDATION: Council adopt the attached Draft Resolution establishing the annual spending limit for fiscal year 2014-2015. DISCUSSION: The City’s annual spending limit (Gann Limit) must be approved by Council at the beginning of each fiscal year. Staff calculates the new limit based on the formula set forth in Proposition 111. The limit was calculated as follows: A.Prior Year Spending Limit 28,234,824$ B.Population Factor (City)1.0033 C.Inflation Factor (Assessed Value)1.0125 D.Adjustment Factor (B * C)1.0158 E.Total Adjustment (A*(D-1))447,268$ F.Current Year Limit (A + E)28,682,092$ FISCAL IMPACT: None. ATTACHMENT: Draft Resolution- Adopting the Fiscal Year 2014-2015 Annual Spending Limit ITEM NUMBER: A-3 DATE: 06/10/14 ATTACHMENT: 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING THE FISCAL YEAR 2014-2015 ANNUAL SPENDING LIMIT WHEREAS, Proposition 111 revises the methodology used to calculate the Annual Spending Limit; and, WHEREAS, the City of Atascadero must select the most appropriate criteria to be used in calculating the annual limit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. That the City of Atascadero elects to use the following criteria for fiscal year 2014-2015 in establishing its new Annual Spending Limit: City Population and Growth in Non-Residential Assessed Valuation SECTION 2. That the annual spending limit for 2014-2015 is calculated as follows: Fiscal Year Percentage Change New Limit 2014-2015 1.58% $28,682,092 SECTION 3. Any judicial action or challenge must be commenced within 45 days of the effective date of this resolution. SECTION 4. Documentation used in determining the Annual Spending Limit is available to the public in the Administrative Services Department, 6500 Palma Avenue, Atascadero, California. ITEM NUMBER: A-3 DATE: 06/10/14 ATTACHMENT: 1 Draft Resolution Page Two On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: _______________________________ Tom O’Malley, Mayor Attest: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: A-4 DATE: 06/10/14 Atascadero City Council Agenda Report – Public Works Department Transfer of Atascadero Transit Fixed Route Service to San Luis Obispo Regional Transit Authority RECOMMENDATION: Council authorize the City Manager to execute an Assignment and Assumption Agreement between the City of Atascadero, the City of Paso Robles, North County Cuesta College, and San Luis Obispo Regional Transit Authority (RTA), transferring responsibilities of the 2011 Cooperation Transit Agreement to RTA. DISCUSSION: On June 28, 2011 the City of Atascadero adopted a North County Regional Cooperative Transit Agreement between the City of Atascadero, the City of Paso Robles, Cuesta College and RTA. Per the agreement, the Cities of Atascadero and Paso Robles, and RTA honored valid Cuesta ID cards in lieu of cash fares for transit rides in the North County. The new Cooperative Transit Agreement acknowledges that Atascadero will no longer provide fixed route services within Atascadero and therefore, will no longer provide no- cost transit services to Cuesta students. The 2011 agreement with Cuesta for the transit fare subsidy will be modified to reflect the recent consolidation of transit services under the Regional Transit Authority. FISCAL IMPACT: None ATTACHMENT: 1- Assignment and Assumption Agreement 2- 2011 North County Regional Cooperative Transit Agreement ITEM NUMBER: A-4 DATE: 06/10/14 ATTACHMENT: 1 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (“Agreement”) is entered into as of ________________, 2014, by and among the City of El Paso de Robles, a municipal corporation, the City of Atascadero, a municipal corporation (collectively “Cities”), the San Luis Obispo Regional Transit Authority, a joint powers authority (“RTA”), and the San Luis Obispo County Community College District, a public body (“Cuesta College”). RECITALS A. The Cities, RTA and Cuesta College entered into that certain North County Regional Cooperative Transit Agreement (“Transit Agreement”), which became effective July 1, 2011. B. Under the Transit Agreement, the Cities and RTA agreed to provide public transportation services to Cuesta College in exchange for financial contributions from Cuesta College as set forth therein. C. The City of El Paso de Robles and RTA entered into that certain Agreement for Provision of Paso Robles Transit Services by San Luis Obispo Regional Transit Authority dated ______________________ 2014, whereby in exchange for the transfer of all of the City’s transit assets and liabilities, RTA assumed all responsibilities and obligations of providing local public transit services within the City. The City of Atascadero plans to transfer its responsibilities for local fixed route public transit services and operations to RTA as well. D. The Cities desire to assign their rights, title and interest in, and obligations and covenants under the Transit Agreement to RTA, and RTA desires to assume such rights, title and interest in, and obligations and covenants under the Transit Agreement. In Atascadero such rights, title and interest in, and obligations and covenants assigned shall be limited to those associated with local fixed rout services. NOW THEREFORE, the parties do mutually agree as follows: Assignment by Cities. The Cities hereby assign to RTA all of the Cities’ rights and obligations under the Transit Agreement. In Atascadero such rights and obligations assigned shall be limited to those associated with fixed route services. Acceptance of Assignment and Assumption by RTA. RTA accepts the above assignment, and assumes all of the Cities’ rights and obligations under the Transit Agreement. In so doing, RTA expressly agrees for the benefit of Cuesta College to perform and observe all terms, obligations, conditions and covenants of the Cities set forth in the Transit Agreement. RTA further acknowledges and agrees for the benefit of Cuesta College that it is aware of and has copies of the Transit Agreement, is aware of the Cities’ current obligations under the Transit Agreement and that it shall be bound by the covenants and conditions of the Transit Agreement. Section 3. Acknowledgement and Financial Contributions. Cuesta College hereby acknowledges and accepts the Cities’ assignment of their rights and obligations under the Transit Agreement to RTA and RTA’s assumption of the Cities’ rights and obligations under the Transit Agreement. Further, Cuesta College agrees to pay its financial contributions, as set forth in the Transit Agreement, to RTA. ITEM NUMBER: A-4 DATE: 06/10/14 ATTACHMENT: 1 Section 4. Release of Cities. As of June 1, 2014, RTA shall assume all of the Cities’ rights and obligations under the Transit Agreement and the Cities shall be relieved of and shall have no further obligations under the Transit Agreement. Thereafter, the term Cities as used in the Transit Agreement shall mean and refer exclusively to RTA. Except as provided herein, this Agreement shall not affect any other terms and conditions of the Transit Agreement, which is in full force and effect. Section 5. Representations. Cities represent and warrant that they have not previously assigned, pledged, hypothecated or otherwise transferred any of the Cities’ rights and obligations under the Transit Agreement. Section 6. Indemnification. RTA agrees to indemnify, protect, hold harmless and defend Cities from all suits, actions, claims, causes of action, costs, demands and judgments arising out of RTA’s failure to perform any obligation under the Transit Agreement that is assumed by RTA, except as such failure may have been caused by Cities’ willful misconduct or negligence. Section 7. Attorney’s Fees’ Enforcement. If any attorney is engaged by any party hereto to enforce or defend any provision of this Agreement, the prevailing party or parties shall be entitled to costs and reasonable attorneys’ fees. Section 8. California Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Section 9. Severability. Any provision of the Agreement which is determined by a court to be invalid or unenforceable shall be deemed severed herefrom, and the remaining provisions shall remain in full force and effect as if the invalid or unenforceable provision had not been a part hereof. Section 10. Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Section 11. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute one and the same instrument. Section 12. Entire Agreement. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, between the parties with respect to the matters contained in this Agreement. Section 13. Effective Date. This Agreement shall be effective as of the date of execution of this Agreement by the parties. ITEM NUMBER: A-4 DATE: 06/10/14 ATTACHMENT: 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF EL PASO DE ROBLES RTA James L. App, City Manager President San Luis Obispo Regional Transit Authority Board of Directors APPROVED AS TO FORM: Iris P. Yang, City Attorney APPROVED AS TO FORM: Assistant County Counsel ATTEST: Dennis Fansler, City Clerk ATTEST: Executive Director San Luis Obispo Regional Transit Authority CITY OF ATASCADERO CUESTA COLLEGE Rachelle Rickard, City Manager President APPROVED AS TO FORM: Brian Pierik, City Attorney APPROVED AS TO FORM: Counsel ATTEST: Marcia McClure Torgerson, City Clerk ATTEST: Board Secretary ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: 2 ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: 2 ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: 2 ITEM NUMBER: A-5 DATE: 06/10/14 Atascadero City Council Staff Report - City Attorney’s Office First Amendment to Agreement for Legal Services RECOMMENDATION: Council approve First Amendment to Agreement for Legal Services. DISCUSSION: On November 27, 2007, the City entered into an Agreement for Legal Services (“Agreement”) with Burke, Williams & Sorensen (“Burke”) to pro vide City Attorney services. The hourly rates in the Agreement include $190 for the first 50 hours designated as “Retainer Services.” The hourly rates for attorneys for above retainer services range from $215 for associates to $240 for partners. The Agreement provides for hourly rate increases to be effective July 1 of each year equal to the average of the Consumer Price Index. However, Burke has not requested any hourly rate increases since the Agreement was entered in November 2007. Burke is requesting a rate increase of $10 per hour for the rates listed in the Agreement to be effective July 1, 2014. The hourly rate increase of $10 for retainer services would bring the retainer rate to $200 per hour so the retainer amount would increase from the current $9,500 per month to $10,000. The hourly rates for attorneys for above retainer services would increase to $225 for associates and $250 for partners. The Consumer Price Index for the period of 2008 to April 2014 has increased approximately 10%. A $10 per hour increase for the retainer services is approximately a 5% increase. The above retainer $10 per hour rate increase is approximately a 4% increase. Thus, the requested rate increase is slightly less half of the CPI increase since 2008. ITEM NUMBER: A-5 DATE: 06/10/14 FISCAL IMPACT: The fiscal impact of a $10 an hour rate increase for City Attorney Services will be $500 per month for the retainer of 50 hours per month. The fiscal impact for a $10 per hour increase for legal services above the 50 hour retainer will depend upon the number of above retainer hours in a given month. For example, if there are 40 above retainer hours in a month, then the $10 an hour increase will be another $400 per month. ALTERNATIVES: Do not increase the hourly rates for the Burke firm. ATTACHMENTS: First Amendment to Agreement for Legal Services. ITEM NUMBER: A-5 DATE: 06/10/14 ATTACHMENT: 1 ITEM NUMBER: A-5 DATE: 06/10/14 ATTACHMENT: 1 ITEM NUMBER: A-6 DATE: 06/10/14 Atascadero City Council Staff Report – Public Works Department Final Map 2014-0179 (Parcel Map AT 12-0079) 9045 Junipero Avenue (LLA 2012-0109) Kenneth Hermansen RECOMMENDATIONS: Council: 1. Adopt and approve Final Parcel Map 2014-0179 (Parcel Map AT 12-0079); and, 2. Authorize and direct the Community Development Director to sign the Final Map. DISCUSSION: Lot Line Adjustment 2012-0109, was tentatively approved by the Community Development Department on June 28, 2013. The Lot Line Adjustment changes the lot lines between lots 109A, 110, 115, and 115A , as shown on Exhibit A. There are no offers of dedication included on this map. Staff has determined that the Parcel Map is in substantial conformance with approved Lot Line Adjustment. Pursuant to California Government Code Section 66474.1 the approving legislative body cannot deny a parcel map that is in substantial conformance with the previously approved tentative map. Also, Pursuant to California Government Code Section 66477.1(a), at the time the legislative body approves a parcel map, the legislative body shall also accept, subject to improvement, or reject any offer of dedication. There are no offers of dedication on this map. FISCAL IMPACT: None ATTACHMENT: Exhibit A: Final Map 2014-0179 (Parcel Map AT 12-0079) ITEM NUMBER: A-6 DATE: 06/10/14 Exhibit A Final Map 2014-0179 (Parcel Map AT 12-0079) 9045 Junipero Avenue Kenneth Hermansen ITEM NUMBER: B-1 DATE: 06/10/14 Atascadero City Council Staff Report – Administrative Services Department Apple Valley Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto for fiscal year 2014/2015; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2014/2015 for Street and Storm Drain Maintenance District No. 01 (Apple Valley); and, 3. Adopt Draft Resolution C approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto in fiscal year 2014/2015; and 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2014/2015 for Landscaping and Lighting District No. 01 (Apple Valley.) DISCUSSION: The City Council formed and began assessing Street and Storm Drain Maintenance District No. 01 – Apple Valley in 2005. This district was formed to provide funding for future routine maintenance of the streets, storm drains and sidewalks in the Apple Valley subdivision. The City Council also formed and began assessing Landscaping and Lighting Maintenance District No. 01 – Apple Valley in 2005. This district was formed to provide for funding and maintenance of street trees, open space, park area, medians, walkways, paths and other landscape and ligh ting improvements within the Apple Valley subdivision. NBS, an independent financial consultant, was hired to prepare the Engineer’s Reports for the two districts. The Engineer’s Reports and the levies must be approved by ITEM NUMBER: B-1 DATE: 06/10/14 Council annually. This is done in a two-step process. Last month, three resolutions for each district (a total of 6 resolutions in all) were passed to begin the process of continuing the levies. At that time, the Engineer’s Reports were preliminarily approved, proceedings were initiated for the levy, and the date of tonight’s public hearing was established. The resolutions that are before you tonight are for the final approval of the Engineer’s Reports and for the approval of the annual levies. The proposed assessments for fiscal year 2014/2015 are less than the Maximum Assessment Rate. In accordance with the formula voters of the district adopted in 2005, the Maximum Assessment Rate may be increased for inflation by the greater of the Consumer Price Index (CPI) or 3.0%. The Maximum Assessment Rate was increased 3.0% this year for both districts. The Landscape and Lighting District has a surplus fund balance, so the City staff held a neighborhood meeting to receive input from property owners as to the preference on how to treat the su rplus. The property owners in attendance requested an assessment of about 56% of the allowable maximum annual assessments for the Landscaping and Lighting District, and about 9 2% for the Street and Storm Drain District. Amount Per EBU Maximum Assessment Fiscal Year 2014-15 Amount Per EBU Proposed Assessment Fiscal Year 2014-15 District Atascadero Street and Storm Drain Maintenance District No. 01 Apple Valley Atascadero Landscaping and Lighting Maintenance District No. 01 Apple Valley 650.60$ 1,421.77$ 600.00$ 800.00$ FISCAL IMPACT: Annual assessments for 2014/2015 will total $42,000 for road/drainage system maintenance and $56,000 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. ATTACHMENTS: 1. Draft Resolution A - approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto for fiscal year 2014/2015; 2. Draft Resolution B - ordering the levy and collection of assessments for fiscal year 2014/2015 for Street and Storm Drain Maintenance District No. 01 (Apple Valley); ITEM NUMBER: B-1 DATE: 06/10/14 3. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2014/2015 assessments for Street and Storm Drain Maintenance District No. 01 (Apple Valley); 4. Draft Resolution C - approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 01 (Apple Valley), and the levy and collection of annual assessments related thereto in fiscal year 2014/2015; 5. Draft Resolution D - ordering the levy and collection of assessments for fiscal year 2014/2015 for Landscaping and Lighting District No. 01 (Apple Valley); and 6. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2013/2014 assessments for Landscaping and Lighting District No. 01 (Apple Valley.) ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2014/2015 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as “City Council”), pursuant to the provisions the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with the Act in connection with Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”) and the proposed levy and collection of assessments related thereto for fiscal year 2014/2015, said fiscal year starting July 1, 2014 and ending June 30, 2015; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Street and Storm Drain Maintenance District No. 01 (Apple Valley), Fiscal Year 2014/2015” (hereafter referred to as “Engineer’s Report”) in accordance with the Act; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses to operate the District. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 1 d) An Assessment Diagram that identifies the boundaries of the District. e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and the assessment for fiscal year 2014/2015. SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: _______________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2014/2015 FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings to levy special benefit assessments against parcels of land within Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2014 and ending June 30, 2015; pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”) to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of-way improvements and storm drain facilities related thereto; and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2014 and ending June 30, 2015, to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and, WHEREAS, the City Council conducted in May 2005 a property owner protest ballot proceeding for the District assessments proposed to be levied and majority protest of the assessments described in the Engineer’s Report did not exist pursuant to the provisions of the California State Constitution Article XIIID. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection therewith; the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 2 SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The District includes the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street right-of-way improvements and storm drain facilities within the District and the appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Street and Storm Drain Maintenance District No. 01 (Apple Valley), and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the establishment of the maximum assessment rate described in the Engineer’s Report and the levy of assessments for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 7. The City Clerk or her designee is hereby authorized and directed to file the levy with the County Auditor, per Section 54718 of the Act, upon adoption of this Resolution. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 2 On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Street and Storm Drain Maintenance District No. 01 (Apple Valley) City of Atascadero Fiscal Year 2014/15 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 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 Brian Sturtevant, Mayor Pro Tem Bob Kelley, Council Member Heather Moreno, Council Member Roberta Fonzi, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Russell Thompson, Public Works Director, Engineer Cindy Chavez,Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo,Senior Consultant ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero Table of Contents Prepared by NBS –Fiscal Year 2014/15 TABLE OF CONTENTS 1.ENGINEER’S LETTER 1-1 2.EXECUTIVE SUMMARY 2-1 3.PLANS AND SPECIFICATIONS 3-1 A.BENEFITING PROPERTIES WITHIN THE DISTRICT .................................3-1 B.FUNDING AUTHORIZED BY THE 1982 ACT ...............................................3-1 C.DESCRIPTION OF IMPROVEMENTS AND SERVICES ..............................3-1 4.ESTIMATE OF COSTS 4-1 5.METHOD OF ASSESSMENT 5-1 A.GENERAL ....................................................................................................5-1 B.BENEFIT ANALYSIS ....................................................................................5-1 C.ASSESSMENT METHODOLOGY ................................................................5-2 D.ASSESSMENT RANGE FORMULA .............................................................5-5 6.ASSESSMENT DIAGRAM 6-1 7.ASSESSMENT ROLL 7-1 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 1-1 Prepared by NBS –Fiscal Year 2014/15 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 13, 2014, 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 2014/15: FY 2014/15 Summary of Assessment Description Amount Estimated Annual Costs $8,390 Capital Reserve Collection/(Uses)24,090 Levy Adjustments 9,520 Balance to Levy $42,000 Fiscal Year 2014/15 Maximum Rate $650.60 Fiscal Year 2014/15 Proposed Applied Rate $600.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1982 Act. NBS ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 2-1 Prepared by NBS –Fiscal Year 2014/15 2.EXECUTIVE SUMMARY Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”),and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”),the City Council of the City of Atascadero, County of San Luis Obispo,State of California (hereafter referred to as “City”),proposed to form and levy special benefit assessments for the district designated as: Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Apple Valley,Tract 2495 within the City limits of the City.This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2014/15. The City Council formed the District,and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the street and storm drain improvements and facilities associated with and resulting from the development of properties within the District.The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution. This Report describes the District,the improvements,and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements and facilities.The annual assessments described herein will provide a funding source for the continued operation and maintenance of streets, storm drain system ,and appurtenant facilities installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the development of properties within the District and represent an estimate of the direct expenditures,incidental expenses,and fund balances that will be necessary to maintain and service the streets and storm drain system that provides special benefits to properties within the District.The structure of the District (organization), the improvements,the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2495; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office.The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District’s formation,the City conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4.In conjunction with this ballot proceeding,the City Council conducted a noticed public hearing to consider public testimonies,comments,and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing,property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts),and by resolution the City Council confirmed the results of the ballot tabulation.The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein;therefore,the City Council approved the Report (as submitted or amended),ordered the formation of the District, and approved the levy and collection of assessments.The assessments for fiscal year 2005/2006 were ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 2-2 Prepared by NBS –Fiscal Year 2014/15 submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year,a Report shall be prepared and presented to the City Council describing any changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 3-1 Prepared by NBS –Fiscal Year 2014/15 3.PLANS AND SPECIFICAT IONS A.BENEFITING PROPERTIES WITHIN THE DISTRICT The territory within the District consists of the lots,parcels,and subdivisions of land within the proposed residential subdivision known as the Apple Valley, Tract 2495,which encompasses an area of land totaling approximately twenty-eight acres (28.35 acres). This residential subdivision includes seventy (70) single-family residential homes.The subdivision is situated in the northern portion of the City just southwest of Highway 101 and is generally located: South of Del Rio Road; North of Conejo Road; West of Ramona Road;and, East of Graves Creek. B.FUNDING AUTHORIZED BY THE 1982 ACT As generally defined by the 1982 Act and applicable to this District,the City may impose a benefit assessment to finance the maintenance and operation costs of the following services: Drainage and Flood Control; Streets and Roads. In addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements,the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction,or replacement of drainage and flood control facilities as well as the street and road improvements (with some limitations).While such activities are permitted under the 1982 Act,the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages,the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments would not be reasonable.If such funding becomes necessary,the City may present a new or increased assessment to the property owners to support the projects. C.DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to fund the activities necessary to maintain and service the local streets and the drainage and flood control systems constructed and installed in connection with development of properties within the residential subdivision known as Apple Valley,Tract 2495 pursuant to approved development plans and agreements.The improvements may consist of all or a portion of the public streets,drainage and flood control facilities associated with Tract 2495 and the maintenance of these improvements may include but are not limited to the materials,equipment,labor,and incidental expenses deemed necessary to keep these improvements in satisfactory condition.The maintenance of the improvements and related activities shall be funded entirely or partially through the District assessments.The District improvements and services are generally described as: Street maintenance that may include but is not limited to the repair and servicing of street surfaces, curbs, gutters, bridges, driveway approaches, sidewalks,barricades,delineation,signage, or other facilities within the public street right-of-ways installed in connection with the development of properties in Tract 2495 and that have been dedicated to the City; ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 3-2 Prepared by NBS –Fiscal Year 2014/15 Storm drain and flood control maintenance that may include but is not limited to inspection, repair and servicing of drainage basins, inlets, catch basins,manholes,outlets,drywells, pumps, filters,and storm drain pipes installed in connection with the development of properties of Tract 2495 as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties including waste water treatment; The appurtenant,equipment,materials,and service contracts related to the aforementioned improvements and facilities; Specifically excluded are those improvements or facilities:located on private property or common areas;that may be provided or maintained by an agency other than the City;that may be provided by another assessment or tax levied by the City; or that may be provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report.Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements,will not be included as part of the District assessments.The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. Street Maintenance The street maintenance program may include,but is not limited to:the repair of potholes,cracks,or other failures in the asphalt surface;repair or replacement of curbs,gutters,driveway approaches,and sidewalks as required as part of maintaining the streets;repair or installation of street signs,barricades,fencing,or other delineation;mechanized sweeping and cleaning of the streets and gutters;slurry sealing,overlays,and re- striping of the street surfaces.The specific activities and timing of various street and road maintenance services shall be determined by the City’s Public Works Department as necessary to extend the life of the streets or to improve traffic circulation and safety as available funding permits.Specifically the street improvements for this District are identified as: Approximately 106,460 square feet of asphalt street surface located on the perimeter of the development (south half of Del Rio Road); and the various interior streets identified as Via Colonia Court, San Ramon Road, Via Huerto Court, Avenida Manzana, and San Ramon Road. Approximately 5,320 linear feet of curb and gutter along Del Rio Road,Via Colonia Court,San Ramon Road,Via Huerto Court, Avenida Manzana, San Ramon Road,and Conejo Road; Approximately 3,545 square feet of decorative street pavers and 1,254 linear feet of curb and gutter in and around the two median islands on San Ramon Road (entryways to the development at Del Rio Road and Conejo Road); Approximately 70 driveway approaches,25,394 square feet of sidewalks and various street signs within the District; Specifically not included as part of the street maintenance program are the costs associated with major replacements or reconstruction. Although the District assessments will provide funding for regular maintenance and servicing of the improvements that will extend the useful life of the street improvements,the assessments are not intended to fund major replacements or reconstruction of the street surfaces or adjacent improvements such as curbs,gutters,or driveway approaches. The costs of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt;and replacement of curbs, gutters,driveway approaches,and sidewalks is significantly more than the amount that can reasonably be collected annually under the provisions of the 1982 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 3-3 Prepared by NBS –Fiscal Year 2014/15 Act. When such repairs or activities are deemed necessary, the City will consider various financing options including new or increased assessments for property owner approval. The Public Works Department shall authorize the operational activities and maintenance of the public street and right-of-way improvements,facilities,and services that may include,but are not limited to: Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters; Annual inspection of street surface and repair of potholes and surface cracks as needed; Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once every five years); Periodic re-striping of traffic lanes,bike lanes,street parking areas, crosswalks,and intersections (typically in conjunction with slurry or overly activities); Graffiti abatement of public improvements within the street right-of-ways that are maintained by the District including but not limited to sandblasting, repainting and repair of fences,walls, barricades,sidewalks,and signage as needed; Annual inspection and periodic repair or replacement of decorative street-pavers as needed; Annual inspection and minor repairs of curbs,gutters,driveway approaches,and sidewalks including partial segment replacements as needed to ensure pedestrian and vehicle safety or the integrity of the street; Annual inspection and periodic repair or rehabilitation of street signs and traffic control devices; Annual inspection and repair of barricades,street-fencing,delineation or retaining walls within the street right-of-ways as needed. A portion of the services described above are not performed on an annual basis but rather on a periodic basis,such as slurry sealing or overlaying the asphalt streets,and the funds necessary for these activities are collected in installments as part of the annual assessments.The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund).The monies accumulated for these activities shall be spent when sufficient funds have been accumulated to perform the services deemed necessary by the City (approximately every five years).This process of accumulating funds (installments)shall continue until such time the District is dissolved;or the City determines that such funding procedures require modification.Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. Storm Drain and Flood Control Maintenance The storm drain and flood control system associated with the District may include but is not limited to: drainage basins and bio-filters;channel ways;storm drain inlets,catch basins,manholes,outlets;drywells, pumps,filters and pipes. The storm drain system to be maintained primarily involves on-site facilities (within the District boundaries)but may also include off-site improvements such as water treatment equipment, facilities or services mandated or required by Federal,State,or County regulations for water pollution control. The annual assessments for this District are intended to support a storm drain and flood control maintenance program that will adequately regulate and control storm water runoff resulting from the development of properties within the District.This maintenance program may include but is not limited to: inspection and documentation of the system;cleaning,servicing,or repair of the facilities and equipment;and the partial replacement or rehabilitation of equipment and facilities.The storm drain and flood control system ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 3-4 Prepared by NBS –Fiscal Year 2014/15 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: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 4-1 Prepared by NBS –Fiscal Year 2014/15 4.ESTIMATE OF COSTS BUDGET FY 2014/15 DIRECT COSTS Street, Roads & Storm Drain Improvements Drainage Maintenance Services $0 Street Sweeping Services 1,600 Inspection & Operational Services -Roads, Drainage 1,410 Total Annual Direct Costs $3,010 CAPITAL EXPENDITURES Special Project -Slurry Seal $- Total Annual Capital Expenditures $- ADMINISTRATION EXEPNSES City Annual Administration $1,300 Engineer's Report & Services 3,480 Public Noticing 600 Total Annual Administration Costs $5,380 TOTAL DIRECT & ADMINISTRATION COSTS $8,390 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 Special Project -Slurry Seal - Total Annual Capital Reserve Collections/(Uses)$24,090 LEVY ADJUSTMENTS Interest Income -Improvement Fund $(1,069) Interest Income -Operating Reserve Fund (1,781) Operating Reserve Fund Collection/(Use)12,370 Total Levy Adjustments $9,520 BALANCE TO LEVY $42,000 DISTRICT STATISTICS Total Parcels 74 Parcels Levied 70 Total EBU 70 Levy per EBU(1)600.00 Maximum Levy per EBU 650.60 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $105,454 Operational Reserve Interest 1,069 Operational Reserve Collec tion/(Use)9,520 Estimated Ending Operating Reserve Balance $116,043 Beginning Improvement Fund Balance $179,457 Improvement Fund Interest 1,781 Improvement Fund Collection/(Use)24,090 Estimated Ending Improvement Fund Balance $205,328 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-1 Prepared by NBS –Fiscal Year 2014/15 5.METHOD OF ASSESSMENT A.GENERAL The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance,operation,and servicing of drainage and flood control improvements as well as streets, roads,and appurtenant facilities.The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”. Furthermore: “The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may,by resolution,determine that the estimated cost of work authorized …is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution.The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided,to fairly apportion the costs based on the special benefits to each parcel. B.BENEFIT ANALYSIS Each of the proposed improvements and services,and the associated costs and assessments have been carefully reviewed,identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution.The street and storm drain improvements associated with this District were necessary and essential requirements for the orderly development of the properties within the District to their full potential,consistent with the development plans and applicable portions of the City’s General Plan.As such the ongoing operation,servicing,and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner.Since each parcel to be assessed within the District could not have been developed in the absence of these improvements and facilities,each parcel has a direct investment in the proper maintenance of the improvements that is over and above any general benefits that may be conferred by such improvements and services. The ongoing maintenance and servicing of the District improvements is an integral part of the appearance,use and preservation of the properties within the District and such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels.The proper maintenance of streets and appurtenant facilities allows individual parcels to be used to their fullest extent by ensuring the safe and efficient movement of people and goods to and from the benefiting properties.Likewise,the maintenance and servicing of the storm drain system ensures proper water flow and control of excess water during periods of rain,which is essential to preservation and protection of private property.Together the maintenance and servicing of the streets and storm drain system contributes to a specific enhancement of each of the parcels within the District and the absence of adequate maintenance and servicing of the District improvements could eventually have a negative impact on properties within the District. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-2 Prepared by NBS –Fiscal Year 2014/15 Although the improvements may include public streets and storm drain facilities that connect to similar facilities outside the District boundaries,it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District.As such,these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental.Therefore,it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large,but clearly provide distinct and special benefits to properties within the District.Any improvement or portion thereof (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However,the costs associated with installation or improvement of any off-site facilities that benefit the parcels within this District as well as other properties (shared benefit)may be allocated to the parcels within the District based on their proportional special benefit from such improvements. C.ASSESSMENT METHODOLOGY The costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally,in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel.The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District based on similarities and differences in parcel land use. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District.The method of apportionment established for most districts formed under the 1982 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU)methodology that uses the single-family home site as the basic unit of assessment.A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status,type of development (land use),and size of the property,as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use),this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses.Not all land use types described in the following are necessarily applicable to the development of properties within this District,but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. EBU Application by Land Use: Single-family Residential —This land use is defined as a fully subdivided residential home site with or without a structure.This land use is assessed 1.0 EBU per lot or parcel.This is the base value that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”). Multi-family Residential —This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property.(This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums,town-homes or mobilehome parks). ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-3 Prepared by NBS –Fiscal Year 2014/15 Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis,the benefits are equal.Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition;Metcalf and Eddy,Wastewater Engineering Treatment, Disposal, Reuse, Third Edition).These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi- family residential units and a similar reduction in proportional benefit is appropriate. Furthermore,it is also reasonable to conclude that as the density (number of units)increases;the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single-family residential property is best represented by the following special benefit assignment:0.75 EBU per unit for the first 50 units;0.50 EBU per unit for units 51 through 100;and 0.25 EBU per unit for the remaining units. Condominium/Town-home Units —Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally,the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN.In consideration of these factors it has been determined that an appropriate allocation of special benefit for condominiums, town-homes,and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). Planned-Residential Development —This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified)and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map.Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium,multi-family units to be developed). Vacant Residential —This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved.Based upon the opinions of professional appraisers who appraise market property values for real estate in California,the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit,this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single- family residential units typically developed per acre of land (an average of 4 residential units per acre)an Equivalent Benefit Unit of 1.0 EBU per acre (4 units per acre x 25%)is derived and presents an appropriate apportionment of special benefit for vacant residential properties.Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases,it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-4 Prepared by NBS –Fiscal Year 2014/15 Exempt Parcels —This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include but is not limited to: Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); Dedicated public easements including open space areas,utility rights-of-way, greenbelts, parkways, parks,or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.; Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels,or bifurcated lots or properties with very restrictive development use. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels current development status.Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. Special Cases —In many districts where multiple land use classifications are involved,there are usually one or more properties for which the standard land use classifications do not accurately identify the special benef its received from the improvements.For example,a parcel may be identified as a Vacant Residential property,however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s)is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements.An assessment amount per EBU (Assessment Rate)for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements.This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-5 Prepared by NBS –Fiscal Year 2014/15 Total Balance to Levy /Total EBU =Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount D.ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law.Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID),legislative changes in the Brown Act defined a "new or increased assessment"to exclude certain conditions.These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed."This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures,which could add to the District costs and assessments.As part of the District formation,the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to the future assessments and is generally defined: If the proposed annual assessment (levy per EBU)for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate,then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment Rate is equal to the (Initial)Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of,three percent (3%)or the annual percentage change in the Consumer Price Index (CPI)of “All Urban Consumers”for the San Francisco-Oakland- San Jose Area from February to February. Beginning with fiscal year 2006/2007 and each fiscal year thereafter,the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above.The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment.The annual percentage change in CPI shall be based on available data provided by the U.S.Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index,the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU)less than or equal to the calculated (adjusted)Maximum Assessment Rate is not considered an increased assessment,even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year.Likewise,modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment.Conversely, reductions in the proportional special benefit assigned to a land use classifications is permitted.Changes in land use or size of an individual property resulting in an assessment increase,is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula,the City must comply with the provisions of the California Constitution Article XIIID Section 4c,that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting.Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 6-1 Prepared by NBS –Fiscal Year 2014/15 6.ASSESSMENT DIAGRAM The parcels within the Street and Storm Drain Maintenance District No.01 (Apple Valley)consist of the lots, parcels,and subdivisions of land located in the residential development known as Apple Valley,Tract 2495. The District covers approximately twenty-eight acres (28.35 acres)in the northern portion of the City of Atascadero. The following District Diagram is based on 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 this map and the Assessment Roll contained in this Report constitute the District Assessment Diagram. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 ASSESSMENT DIAGRAM FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 1 (APPLE VALLEY) CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA 2011/2012 Storm Drain Maintenance District No. 1 Page 19 of 22 ITEM NUMBER: B-1DATE: 06/10/14ATTACHMENT: 3 Street & Storm Drain District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 7-1 Prepared by NBS –Fiscal Year 2014/15 7.ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared.A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include,but are not limited to public streets and other roadways (typically not assigned an APN by the County);dedicated public easements,open space areas,right-of-ways,common areas;landlocked parcels, small parcels vacated by the County,bifurcated lots,and any other property that can not be developed or has little or no value.These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller.The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore,if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment: ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 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 1 650.60 600.00 049-192-002 1 650.60 600.00 049-192-003 1 650.60 600.00 049-192-004 1 650.60 600.00 049-192-005 1 650.60 600.00 049-192-006 1 650.60 600.00 049-192-007 1 650.60 600.00 049-192-008 1 650.60 600.00 049-192-009 1 650.60 600.00 049-192-010 1 650.60 600.00 049-192-011 1 650.60 600.00 049-192-012 1 650.60 600.00 049-192-013 1 650.60 600.00 049-192-014 1 650.60 600.00 049-192-015 1 650.60 600.00 049-192-016 1 650.60 600.00 049-192-017 1 650.60 600.00 049-192-018 1 650.60 600.00 049-192-019 1 650.60 600.00 049-192-020 1 650.60 600.00 049-192-021 1 650.60 600.00 049-192-022 1 650.60 600.00 049-193-001 1 650.60 600.00 049-193-002 1 650.60 600.00 049-193-003 1 650.60 600.00 049-193-004 1 650.60 600.00 049-193-005 1 650.60 600.00 049-193-006 1 650.60 600.00 049-193-007 1 650.60 600.00 049-193-008 1 650.60 600.00 049-193-010 1 650.60 600.00 049-193-011 1 650.60 600.00 049-193-012 1 650.60 600.00 049-193-013 1 650.60 600.00 049-193-014 1 650.60 600.00 049-193-015 1 650.60 600.00 049-193-016 1 650.60 600.00 049-193-017 1 650.60 600.00 049-193-018 1 650.60 600.00 049-193-019 1 650.60 600.00 049-193-020 1 650.60 600.00 049-193-021 1 650.60 600.00 049-193-022 1 650.60 600.00 049-193-023 1 650.60 600.00 049-193-024 1 650.60 600.00 CITY OF ATASCADERO Street and Storm Drain Maintenance District No. 01 (Apple Valley) Fiscal Year 2014/2015 Assessment Roll Street and Storm Drain Maintenance District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment 049-193-025 1 650.60 600.00 049-193-026 1 650.60 600.00 049-193-027 1 650.60 600.00 049-193-028 1 650.60 600.00 049-193-029 1 650.60 600.00 049-193-030 1 650.60 600.00 049-193-031 1 650.60 600.00 049-193-032 1 650.60 600.00 049-193-033 1 650.60 600.00 049-193-034 1 650.60 600.00 049-193-035 1 650.60 600.00 049-193-036 1 650.60 600.00 049-193-037 1 650.60 600.00 049-193-038 1 650.60 600.00 049-193-039 1 650.60 600.00 049-193-040 1 650.60 600.00 049-193-041 1 650.60 600.00 049-193-042 1 650.60 600.00 049-193-043 1 650.60 600.00 049-193-044 1 650.60 600.00 049-193-045 1 650.60 600.00 049-193-046 1 650.60 600.00 049-193-047 1 650.60 600.00 049-193-048 1 650.60 600.00 049-193-049 0 -- 049-193-051 1 650.60 600.00 Totals 70 45,542.00$42,000.00$ Street and Storm Drain Maintenance District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 3 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 4 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE LANDSCAPING AND LIGHTING DISTRICT NO. 01 (APPLE VALLEY), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO IN FISCAL YEAR 2014/2015 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as the “City Council”), pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500, in connection with the proposed levy for Landscaping and Lighting District No. 01 (Apple Valley) (hereafter referred to as the “District”) and the collection of assessments related thereto for the fiscal year starting July 1, 2014 and ending June 30, 2015; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for the Landscaping and Lighting District No. 01 (Apple Valley), Fiscal Year 2014/2015” (hereafter referred to as the “Engineer’s Report”) in accordance with the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and, WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 4 proportional special benefit assessment as well as a description of the assessment range formula that establishes the maximum assessment rate in subsequent fiscal years. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. e) An Assessment Roll containing each of the Assessor’s Parcel Numbers that comprise the District and the proportional maximum assessment and annual assessment for fiscal year 2014/2015. SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 5 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2014/2015 FOR LANDSCAPING AND LIGHTING DISTRICT NO. 01 (APPLE VALLEY) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Landscaping and Lighting District No. 01 (Apple Valley) (hereafter referred to as the “District”) for fiscal year 2014/2015, said fiscal year commencing July 1, 2014 and ending June 30, 2015; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting and appurtenant facilities related thereto; and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2014 and ending June 30, 2015, to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting, and appurtenant facilities related thereto; and, WHEREAS, the City and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIIID of the California State Constitution; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection with the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 5 a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street lights, landscaping, parks and open space areas within the District and appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Landscaping and Lighting District No. 01 (Apple Valley), and such money shall be expended for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Sections 22645-22647 of the Act, upon adoption of this Resolution. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 5 On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Landscaping and Lighting District No. 01 (Apple Valley) City of Atascadero Fiscal Year 2014/15 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 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 Brian Sturtevant, Mayor Pro Tem Bob Kelley, Council Member Heather Moreno, Council Member Roberta Fonzi, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Russell Thompson, Public Works Director, Engineer Cindy Chavez,Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo,Senior Consultant ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero Table of Contents Prepared by NBS –Fiscal Year 2014/15 TABLE OF CONTENTS 1.ENGINEER’S LETTER 1-1 2.EXECUTIVE SUMMARY 2-1 3.PLANS AND SPECIFICATIONS 3-1 A.DESCRIPTION OF THE DISTRICT..............................................................3-1 B.IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT ......3-1 C.DESCRIPTION OF IMPROVEMENTS AND SERVICES ..............................3-2 4.ESTIMATE OF COSTS 4-1 5.METHOD OF ASSESSMENT 5-1 A.GENERAL ....................................................................................................5-1 B.BENEFIT ANALYSIS ....................................................................................5-1 C.ASSESSMENT METHODOLOGY................................................................5-2 D.ASSESSMENT RANGE FORMULA .............................................................5-6 6.ASSESSMENT DIAGRAM 6-1 7.ASSESSMENT ROLL 7-1 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 1-1 Prepared by NBS –Fiscal Year 2014/15 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 13, 2014, 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 2014/15: FY 2014/15 Budget Summary Description Total Costs Costs Not Assessed Proposed Assessment Total Benefit Units Maximum Rate Proposed Rate Per BU Annual Maintenance $68,890 $11,470 $80,360 Administration 6,200 0 6,200 Levy Adjustments (19,090)(11,470)(30,560) Total $56,000 $0 $56,000 70 $1,421.77 $800.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1972 Act. NBS ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 2-1 Prepared by NBS –Fiscal Year 2014/15 2.EXECUTIVE SUMMARY Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as “Article XIIID”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), executed the proceedings required for the establishment of the special benefit assessment district designated as: Landscaping and Lighting District No. 01 (Apple Valley) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Apple Valley, Tract 2495 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2014/15, 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 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. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 2-2 Prepared by NBS –Fiscal Year 2014/15 The assessments for fiscal year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, an Engineer’s Report shall be prepared and presented to the City Council describing the District any changes to the District or improvements and the proposed budget and assessments for that fiscal year and the City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 3-1 Prepared by NBS –Fiscal Year 2014/15 3.PLANS AND SPECIFICATIONS A.DESCRIPTION OF THE DISTRICT The territory within the District consists of the lots,parcels and subdivisions of land within the proposed residential subdivision known as the Apple Valley,Tract 2495,which encompasses an area of land totaling approximately twenty-eight acres (28.35 acres). This residential subdivision includes seventy (70) single-f am ily residential homes.T he subdivision is situated in the northern portion of the City of Atascadero just southwest of Highway 101 and is generally located: South of Del Rio Road; North of Conejo Road; W est of Ram ona Road;and, East of Graves Creek B.IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT As generally defined by the 1972 Act and applicable to this District,the improvements and associated assessments may include one or more of the following: 1)The installation or planting of landscaping; 2)The installation or construction of statuary,f ountains,and other ornamental structures and facilities; 3)The installation or construction of public lighting f acilities including,but not lim ited to street lights and traffic signals; 4)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the m aintenance or servicing thereof; 5)The installation of park or recreational im provem ents,including,but not limited to,all of the following: a)Land preparation,such as grading,leveling,cutting and f illing,sod, landscaping, irrigation systems, sidewalks, and drainage. b)Lights,playground equipm ent,play courts,and public restrooms. 6)The acquisition of land f or park,recreational,or open-space purposes or any existing improvem ent otherwise authorized pursuant to this section. 7)The m aintenance or servicing,of any of the f oregoing including the f urnishing of services and m aterials f or the ordinary and usual m aintenance,operation,and servicing of any improvem ent including but not limited to: a)Repair,removal,or replacement of all or any part of any im provem ents; b)Grading,clearing,rem oval of debris,the installation or construction of curbs,gutters, walls,sidewalks,or paving,or water,irrigation, drainage,or electrical f acilities; c)Providing for the life,growth,health,and beauty of landscaping, including cultivation, irrigation,trimm ing,spraying,f ertilizing,or treating for disease or injury; d)T he rem oval of trimmings,rubbish,debris,and other solid waste; e)T he cleaning,sandblasting,and painting of walls and other improvements to rem ove or cover graff iti; f)Electric current or energy,gas,or other illuminating agent for any public lighting ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 3-2 Prepared by NBS –Fiscal Year 2014/15 f acilities or f or the lighting or operation of any other im provem ents; g)Water for the irrigation of any landscaping,the operation of any fountains,or the maintenance of any other improvements. 8)Incidental expenses associated with the i m provem ents including, but not li m ited to: a)The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b)The costs of printing,advertising,and the publishing,posting and mailing of notices; c)Compensation payable to the County for collection of assessments; d)Compensation of any engineer or attorney employed to render services; e)Any other expenses incidental to the construction,installation,or maintenance and servicing of the improvements; f)Costs associated with any elections held for the approval of a new or increased assessment. C.DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to ensure the ongoing maintenance,operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District.The improvements may consist of all or a portion of the public landscaped areas,street lighting and appurtenant facilities within and adjacent to the District (Tract 2495). These improvements generally include,but are not limited to the materials,equipment, utilities,labor,appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways,medians,slopes,trails,park areas, drainage basins,open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District.The improvements to be maintained and funded entirely or partially through the District assessments are generally described as: Streetscape landscaping including street trees located on the perimeter of the development and interior streets of Tract 2495 that are within the public right-of-ways or easements and dedicated to the City for maintenance; Open space areas and fuel modif ication areas within or adjacent to the District boundaries; Park areas,recreational equipm ent,trails and landscaped drainage facilities developed and constructed as part of developing properties within Tract 2495; Public lighting facilities including street lighting,saf ety lighting and ornamental lighting installed as part of the residential development or landscaped improvement areas; Appurtenant f acilities,equipment,m aterials and utilities related to the aforementioned improvements; Specifically not included as District im provem ents are those im provem ents located on private property,improvements and facilities that may be provided or maintained by an agency other than the City; improvements and facilities that m ay be provide by another assessment or tax levied by the City or any improvement provided and m aintained by a Homeowner’s Association or 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 W orks and by reference are made part of this Report.Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 3-3 Prepared by NBS –Fiscal Year 2014/15 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 f acilities located within the landscaped areas including safety lights,security lights or ornamental lights installed as part of the District improvements. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 4-1 Prepared by NBS –Fiscal Year 2014/15 4.ESTIMATE OF COSTS BUDGET Total Budget Costs Not Assessed Fiscal Year 2014/15 DIRECT COSTS Annual Maintenance Landscape Services $44,000 $7,150 $36,850 Landscape Supplies 1,900 -1,900 Landscape Utilities 14,890 3,670 11,220 City Landscape Services 8,100 0 8,100 Total Annual Direct Costs $68,890 $10,820 $58,070 ADMINISTRATION EXEPNSES Annual Administration Expenses City Annual Administration $1,400 $-$1,400 Engineer's Report & Services 4,200 -4,200 Public Noticing 600 -600 Total Annual Administration Costs $6,200 $-$6,200 TOTAL DIRECT & ADMINISTRATION COSTS $75,090 $10,820 $64,270 CAPITAL RESERVE COLLECTIONS/(USES) Landscape Rehabilitatio n/Replacement $1,300 $650 $650 Median Rehabilitation/Replacement 238 -238 Open Space Rehabilitation/Replacement 1,120 -1,120 Tree Rehabilitation/Replacement 2,033 -2,033 Other Rehabilitation/Repl acement 800 -800 Use of Reserves (5,000)-(5,0000 Total Annual Capital Reserve Collections/(Uses)$491 $650 ($159) LEVY ADJUSTMENTS Interest Income -Improvement Fund ($199)$-($199) Interest Income -Operating Reserve Fund (844)-(844) Improvement Fund Collection (Use)(5,000)-(5,000) Operating Reserve Fund Collection (Use)(13,538)(11,470)(2,068) Total Levy Adjustments ($19,581)($11,470)($8,111) BALANCE TO LEVY $56,000 $-$56,000 DISTRICT STATISTICS Total Parcels 74 Parcels Levied 70 Total EBU 70 Levy per EBU(1)800 Maximum Levy per EBU 1,421.77 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $24,758 $47,474 Operational Reserve Interest -844 Operational Reserve Collection (Use)(11,470)(6,068) Estimated Ending Operating Reserve Balance $13,288 $42,250 Beginning Improvement Fund Balance $-$9,088 Improvement Fund Interest -199 Improvement Fund Collection (Use)-491 Estimated Ending Improvement Fund Balance $-$9,778 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-1 Prepared by NBS –Fiscal Year 2014/15 5.METHOD OF ASSESSMENT A.GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements,which include the construction,maintenance,and servicing of public lights,landscaping and appurtenant facilities.The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided,to fairly apportion the costs based on the special benefits to each parcel. B.BENEFIT ANALYSIS Each of the proposed improvements,the associated costs and assessments have been carefully reviewed,identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and Article XIIID. The improvements provided by this District and for which properties will be assessed have been identified as necessary,required and/or desired for the orderly development of the properties within the District to their full potential,consistent with the development plans and applicable portions of the City General Plan.As such,these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation,servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore,the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District.Any improvement or portion thereof that is considered to be of general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within the District. Special Benefit The method of apportionment (method of assessment)established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting and well- maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically: Enhanced desirability of properties through association with the improvements. Im proved aesthetic appeal of properties providing a positive representation of the area and properties. Enhanced adaptation of the urban environm ent within the natural environm ent from adequate green space and landscaping. Environm ental enhancement through im proved erosion resistance,dust and debris control, ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-2 Prepared by NBS –Fiscal Year 2014/15 and fire prevention. Increased sense of pride in ownership of property within the District resulting f rom well- maintained im provem ents associated with the properties. Enhanced quality of lif e through well-maintained green space and landscaped areas. Reduced crim inal activity and property-related crimes (especially vandalism )against properties in the District through well-maintained surroundings and am enities including abatement of graffiti. Enhanced environm ental quality of the parcels by m oderating temperatures,providing oxygenation and attenuating noise. The special benefits of street lighting and other public lighting facilities are the convenience,safety,and security of property,improvements,and goods.Specifically: Enhanced deterrence of crim e and the aid to police protection. Increased nighttim e safety on roads,streets and public areas. Im proved ability of pedestrians and motorists to see. Im proved ingress and egress to property. Reduced vandalism and other crim inal act and damage to im provem ents or property. Im proved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties.Furthermore,it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit In reviewing each of the District improvements,the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements,it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly effect the properties within the District.Although the improvements include public areas, easements,right-of-ways and other amenities available or visible to the public at large,the construction and installation of these improvements were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore,it has been determined that the improvements and the ongoing maintenance,servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large,but clearly provide distinct and special benefits to properties within the District. C.ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-3 Prepared by NBS –Fiscal Year 2014/15 The special benefit received by each lot or parcel is equated to the overall land use of parcels within the District based on the parcel’s actual land use or proposed development. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel.Additionally,in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel.The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. To identify and determine the special benefit to be received by each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the planned improvements as well as individual property development within the District.Upon review of the proposed improvements it has been determined that each of the residential parcels within the District receives special benefits from the improvements to be funded by annual assessments and based on the planned property development a single zone of benefit is appropriate for the allocation of the assessments and proportional benefit. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1972 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit methodology that uses the single-family home site as the basic unit of assessment.A single-family home site equals one Equivalent Benefit Unit (EBU)and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status,type of development (land use),and size of the property,as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non- residential use),this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses.Not all land use types described in the following are necessarily applicable to the development of properties within this District,but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. Single-family Residential —This land use is defined as a f ully subdivided residential hom e site with or without a structure.T his land use is assessed 1.00 EBU per lot or parcel.This is the base value that the other properties are compared and weighted against regarding special benefit. Multi-family Residential —This land use is def ined as a fully subdivided residential parcel that has m ore than one residential unit developed on the property.(T his land use typically includes apartments,duplexes,triplex etc.,but does not generally include condominiums,town-homes or m obile hom e parks).Based on average population densities and size of the structure as com pared to a typical single-family residential unit,m ulti-f am ily residential parcels shall be proportionately assessed f or the parcel’s total num ber of residential units utilizing a sliding benef it scale.Although m ulti-f amily properties typically receive sim ilar benef its to that of a single-f am ily residential,it would not be reasonable to conclude that on a per unit basis,the benef its are equal.Studies have consistently shown that the average m ulti-f am ily unit im pacts inf rastructure approximately 75%as m uch as a single-f am ily residence (Sam ple Sources: Institute of T ransportation Engineers Inf orm ational Report Trip Generation, Fifth Edition;Metcalf and Eddy,W astewater Engineering Treatm ent,Disposal,Reuse,Third Edition).T hese various studies indicate that m ost public im provem ents and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a sim ilar reduction in proportional benef it is appropriate.Furtherm ore,it is also reasonable to conclude that as the density (num ber of units)increases the proportional benef it per ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-4 Prepared by NBS –Fiscal Year 2014/15 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 f ollowing special benef it assignm ent:0.75 EBU per unit f or the first 50 units; 0.50 EBU per unit for units 51 through 100;and 0.25 EBU per unit for rem aining units. Condominium/Town-home Units —Condom inium s and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identif ied as a separate land use classif ication. Like most single-f am ily residential properties,these properties are not usually considered rental property and generally,the County assigns each unit a separate APN or assessment num ber.However,condom inium s and town-hom es often have sim ilarities to m ulti-f amily residential properties in that they are generally zoned medium to high density and in som e cases m ay involve multiple units on a single APN. In consideration of these f actors it has been determined that an appropriate allocation of special benefit f or condom inium s,town-hom es and sim ilar residential properties is best represented by an assignm ent of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustm ent for parcels with m ore than f ive units). Planned-Residential Development —T his land use is def ined as any property for which a tentative or final tract map has been filed and approved (a specific num ber of residential lots and units has been identified)and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and developm ent plan f or the District.T his land use classification often tim es involves more than a single parcel (e.g.the approved tract map encompasses m ore than a single APN).Each parcel that is part of the approved tract m ap shall be assessed proportionately f or the proposed or estim ated residential type and units to be developed on that parcel as part of the approved tract m ap.Accordingly,each parcel is assigned an appropriate number of benef it units that reflects the developm ent of that property at build-out.(T he EBU assigned to each parcel shall represent the combination of single-fam ily, condom inium ,m ulti-f am ily units to be developed). Vacant Residential —This land use is def ined as property currently zoned for residential developm ent,but a tentative or final tract m ap for the property has not yet been approved.Based upon the opinions of prof essional appraisers who appraise m arket property values f or real estate in California,the land value portion of a property typically ranges f rom 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 ref lection of the property’s special benef it,this general correlation between land value and structure value does provide a reasonable basis for apportioning special benef it 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 f ull and tim ely utilization of vacant property is reduced as the size of the property increases,it has been determ ined that the maxim um EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in excess of 25 acres are assigned 25.00 EBU).Parcels less than one acre,shall be assigned a m inim um of 1.00 EBU (similar to a vacant lot within a residential tract). Exempt Parcels —T his land use identif ies properties that are not assessed and are assigned 0.00 EBU.This land use classification m ay include but is not lim ited to: Lots or parcels identif ied as public streets and other roadways (typically not assigned an APN by the County); Dedicated public easements including open space areas,utility rights-of -way,greenbelts, parkways,parks or other publicly owned properties that are part of the District im provem ents or may provide other benef its to private properties within the District; ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-5 Prepared by NBS –Fiscal Year 2014/15 Private properties that cannot be developed independently from an adjacent property,such as common areas,sliver parcels or bif urcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit f rom the improvements and are theref ore exem pted f rom assessment,but shall be reviewed annually by the assessment engineer to confirm the parcels’ current developm ent status.Governm ent owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessm ent unless it qualifies for an exempt status. Special Cases —In m any districts where multiple land use classif ications are involved,there are usually one or more properties f or which the standard land use classifications do not accurately identif y the special benefits received from the improvements.For example,a parcel m ay be identif ied as a Vacant Residential property,however only a small percentage of the parcel’s total acreage can actually be developed.In this case,an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units =Parcel EBU The total number of Equivalent Benefit Units (EBU’s)is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements.An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy /Total EBU = Levy per EBU Levy per EBU x Parcel EBU =Parcel Levy Amount ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 5-6 Prepared by NBS –Fiscal Year 2014/15 D.ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law.Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID),legislative changes in the Brown Act defined a "new or increased assessment"to exclude certain conditions.These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed."This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments.As part of the District formation,the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment),identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to future assessments and is generally defined: If the proposed annual assessment (levy per EBU)for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate,then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment Rate is equal to the (Initial)Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of,three percent (3%)or the annual percentage change in the Consumer Price Index (CPI)of “All Urban Consumers”for the San Francisco-Oakland-San Jose Area from February to February.The Maximum Assessment rate was increased by 3.0%for fiscal year 2014/15. Beginning with the second fiscal year (fiscal year 2006/2007)and each fiscal year thereafter,the Maximum Assessment Rate is recalculated and a new Maximum Assessment Rate is established for the fiscal year utilizing the Assessment Range Formula described above.The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment.The annual percentage change in CPI shall be based on available data provided by the U.S.Department of Labor;Bureau of Labor Statistics at the time the annual Report is prepared.Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index,the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU)less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment,even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year.Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment.Conversely, reductions in the proportional special benefit assigned to a land use classifications are permitted. Changes in land use or size of an individual property resulting in an assessment increase,is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula,the City must comply with the provisions of Article XIIID Section 4c,that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting.Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 6-1 Prepared by NBS –Fiscal Year 2014/15 6.ASSESSMENT DIAGRAM The parcels within the Landscaping and Lighting District No.01 (Apple Valley)consist of the lots, parcels and subdivisions of land located in the planned residential development known as Apple Valley, Tract 2495.The District covers approximately twenty-eight acres (28.35 acres)in the northern portion of the City of Atascadero. The following District Diagram is based on the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the original parcels of land within the proposed District.The combination of this map and the Assessment Roll contained in this Report constitute the District Assessment Diagram.The maximum assessment rate,assessment range formula and the proposed assessment amount for each of the existing parcels within the District as described herein,was presented to the property owners of record and approved in accordance with the provisions of the California Constitution. ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 ASSESSMENT DIAGRAM FOR LANDSCAPE AND LIGHTING DISTRICT NO. 1 (APPLE VALLEY) CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA 2011/2012 L&L No. 1 Page 19 of 22 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 01 (Apple Valley) Engineer’s Report –City of Atascadero 7-1 Prepared by NBS –Fiscal Year 2014/15 7.ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared.A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include,but are not limited to public streets and other roadways (typically not assigned an APN by the County);dedicated public easements,open space areas,right- of-ways,common areas;landlocked parcels,small parcels vacated by the County,bifurcated lots,and any other property that can not be developed or has little or no value.These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year,a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller.The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore,if a single parcel is subdivided to multiple parcels,the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. The following is a list of the parcels and assessment amounts for each of the parcels within the District as determined by the assessment rates and method of apportionment described herein: ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 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 1,421.77 800.00 049-192-002 1 1,421.77 800.00 049-192-003 1 1,421.77 800.00 049-192-004 1 1,421.77 800.00 049-192-005 1 1,421.77 800.00 049-192-006 1 1,421.77 800.00 049-192-007 1 1,421.77 800.00 049-192-008 1 1,421.77 800.00 049-192-009 1 1,421.77 800.00 049-192-010 1 1,421.77 800.00 049-192-011 1 1,421.77 800.00 049-192-012 1 1,421.77 800.00 049-192-013 1 1,421.77 800.00 049-192-014 1 1,421.77 800.00 049-192-015 1 1,421.77 800.00 049-192-016 1 1,421.77 800.00 049-192-017 1 1,421.77 800.00 049-192-018 1 1,421.77 800.00 049-192-019 1 1,421.77 800.00 049-192-020 1 1,421.77 800.00 049-192-021 1 1,421.77 800.00 049-192-022 1 1,421.77 800.00 049-193-001 1 1,421.77 800.00 049-193-002 1 1,421.77 800.00 049-193-003 1 1,421.77 800.00 049-193-004 1 1,421.77 800.00 049-193-005 1 1,421.77 800.00 049-193-006 1 1,421.77 800.00 049-193-007 1 1,421.77 800.00 049-193-008 1 1,421.77 800.00 049-193-010 1 1,421.77 800.00 049-193-011 1 1,421.77 800.00 049-193-012 1 1,421.77 800.00 049-193-013 1 1,421.77 800.00 049-193-014 1 1,421.77 800.00 049-193-015 1 1,421.77 800.00 049-193-016 1 1,421.77 800.00 049-193-017 1 1,421.77 800.00 049-193-018 1 1,421.77 800.00 049-193-019 1 1,421.77 800.00 049-193-020 1 1,421.77 800.00 049-193-021 1 1,421.77 800.00 049-193-022 1 1,421.77 800.00 CITY OF ATASCADERO Landscaping and Lighting District No. 01 (Apple Valley) Fiscal Year 2014/2015 Assessment Roll Landscaping and Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment 049-193-023 1 1,421.77 800.00 049-193-024 1 1,421.77 800.00 049-193-025 1 1,421.77 800.00 049-193-026 1 1,421.77 800.00 049-193-027 1 1,421.77 800.00 049-193-028 1 1,421.77 800.00 049-193-029 1 1,421.77 800.00 049-193-030 1 1,421.77 800.00 049-193-031 1 1,421.77 800.00 049-193-032 1 1,421.77 800.00 049-193-033 1 1,421.77 800.00 049-193-034 1 1,421.77 800.00 049-193-035 1 1,421.77 800.00 049-193-036 1 1,421.77 800.00 049-193-037 1 1,421.77 800.00 049-193-038 1 1,421.77 800.00 049-193-039 1 1,421.77 800.00 049-193-040 1 1,421.77 800.00 049-193-041 1 1,421.77 800.00 049-193-042 1 1,421.77 800.00 049-193-043 1 1,421.77 800.00 049-193-044 1 1,421.77 800.00 049-193-045 1 1,421.77 800.00 049-193-046 1 1,421.77 800.00 049-193-047 1 1,421.77 800.00 049-193-048 1 1,421.77 800.00 049-193-049 0 -- 049-193-051 1 1,421.77 800.00Totals7099,523.90$56,000.00$ Landscaping and Lighting District No. 01 (Apple Valley) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-1 DATE: 06/10/14 ATTACHMENT: 6 ITEM NUMBER: B-2 DATE: 06/10/14 Atascadero City Council Staff Report – Administrative Services Department De Anza Estates Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto for fiscal year 2014/2015; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2014/2015 for Street and Storm Drain Maintenance District No. 03 (De Anza Estates); and, 3. Adopt Draft Resolution C approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto in fiscal year 2014/2015; and 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2014/2015 for Landscaping and Lighting District No. 03 (De Anza Estates.) DISCUSSION: The City Council formed and began assessing Street and Storm Drain Maintenance District No.03 – De Anza Estates in 2005. This district was formed to provide funding for future routine maintenance of the streets, storm drains and sidewalks in the De Anza Estates subdivision. The City Council also formed and began assessing Landscap ing and Lighting Maintenance District No.03 – De Anza Estates in 2005. This district was formed to provide for funding and maintenance of street trees, open space, park area, medians, walkways, paths and other landscaping and lighting improvements within the De Anza Estates subdivision. ITEM NUMBER: B-2 DATE: 06/10/14 NBS, an independent financial consultant, was hired to prepare the Engineer’s Reports for the two districts. The Engineer’s Reports and the levies must be approved by Council annually. This is done in a two-step process. Last month, three resolutions for each district (a total of 6 resolutions in all) were passed to begin the process of continuing the levies. At that time, the Engineer’s Reports were preliminarily approved, proceedings were initiated for the levy, and the date of tonight’s public hearing was established. The resolutions that are before you tonight are for the final approval of the Engineer’s Reports and for the approval of the annual levies. The proposed assessments for fiscal year 2014/2015 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 by 3.0% this year for both districts. The Landscape and Lighting District has a surplus fund balance, so the City staff held a neighborhood meeting to receive input from property owners as to the preference on how to treat the surplus. The property owners in attendance requested an assessment of about 22% of the allowable maximum annual assessments for the Landscaping and Lighting District, and about 89% for the Street and Storm Drain District. District Amount Per EBU Maximum Assessment Fiscal Year 2014-15 Amount Per EBU Proposed Assessment Fiscal Year 2014-15 Atascadero Street and Storm Drain Maintenance District No. 03 De Anza Estates - Senior Housing 646.00$ 574.78$ Atascadero Street and Storm Drain Maintenance District No. 03 De Anza Estates - Single Family Residential 798.67$ 712.92$ Atascadero Landscaping and Lighting Maintenance District No. 03 De Anza Estates 1,145.19$ 250.00$ FISCAL IMPACT: Annual assessments for 2014/2015 will total $40,090 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $1,020 for the fiscal year 2014/2015 for half of the maintenance costs of the trails and open space. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENTS: 1. Draft Resolution A - approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto for fiscal year 2014/2015; 2. Draft Resolution B - ordering the levy and collection of assessments for fiscal year 2014/2015 for Street and Storm Drain Maintenance District No. 03 (De Anza Estates); 3. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2014/2015 assessments for Street and Storm Drain Maintenance District No. 03 (De Anza Estates); 4. Draft Resolution C- approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto in fiscal year 2014/2015; 5. Draft Resolution D- ordering the levy and collection of assessments for fiscal year 2014/2015 for Landscaping and Lighting District No. 03 (De Anza Estates); and 6. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2014/2015 assessments for Landscaping and Lighting District No. 03 (De Anza Estates.) ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2014/2015 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as “City Council”), pursuant to the provisions the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with the Act in connection with Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the “District”) and the proposed levy and collection of assessments related thereto for fiscal year 2014/2015, said fiscal year starting July 1, 2014 and ending June 30, 2015; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Street and Storm Drain Maintenance District No. 03 (De Anza Estates), Fiscal Year 2014/2015” (hereafter referred to as “Engineer’s Report”) in accordance with the Act; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 1 c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and the assessment for fiscal year 2014/2015. SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2014/2015 FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings to levy special benefit assessments against parcels of land within Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2014 and ending June 30, 2015; pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”) to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of-way improvements and storm drain facilities related thereto; and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2014 and ending June 30, 2015, to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and, WHEREAS, the City Council conducted in May 2005 a property owner protest ballot proceeding for the District assessments proposed to be levied and majority protest of the assessments described in the Engineer’s Report did not exist pursuant to the provisions of the California State Constitution Article XIIID. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection therewith; the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 2 SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The District includes the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street right-of-way improvements and storm drain facilities within the District and the appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the establishment of the maximum assessment rate described in the Engineer’s Report and the levy of assessments for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Section 54718 of the Act, upon adoption of this Resolution. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 2 On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Street and Storm Drain Maintenance District No. 03 (De Anza Estates) City of Atascadero Fiscal Year 2014/15 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 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 Brian Sturtevant, Mayor Pro Tem Bob Kelley, Council Member Heather Moreno, Council Member Roberta Fonzi, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Russell Thompson, Public Works Director, Engineer Cindy Chavez,Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo,Senior Consultant ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 03 (De Anza)Engineer’s Report –City of Atascadero Table of Contents Prepared by NBS –Fiscal Year 2014/15 TABLE OF CONTENTS 1.ENGINEER’S LETTER 1-1 2.EXECUTIVE SUMMARY 2-1 3.PLANS AND SPECIFICATIONS 3-1 A.BENEFITING PROPERTIES WITHIN THE DISTRICT .................................3-1 B.FUNDING AUTHORIZED BY THE 1982 ACT ...............................................3-1 C.DESCRIPTION OF IMPROVEMENTS AND SERVICES ..............................3-1 4.ESTIMATE OF COSTS 4-1 5.METHOD OF ASSESSMENT 5-1 A.GENERAL ....................................................................................................5-1 B.BENEFIT ANALYSIS ....................................................................................5-1 C.ASSESSMENT METHODOLOGY ................................................................5-2 D.ASSESSMENT RANGE FORMULA .............................................................5-6 6.ASSESSMENT DIAGRAM 6-1 7.ASSESSMENT ROLL 7-1 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No . 03 (De Anza)Engineer’s Report –City of Atascadero 1-1 Prepared by NBS –Fiscal Year 2014/15 1.ENGINEER’S LETTER WHEREAS, on August 9,2005 by Resolution No.2005-071, the City Council of the City of Atascadero (the ”City”), State of California,in accordance with and pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”),established the City of Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates)(the “District”); and WHEREAS, on May 13, 2014, 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 2014/15: FY 2014/15 Summary of Assessment Description Amount Estimated Annual Costs $13,560 Capital Reserve Collection/(Uses)28,197 Levy Adjustments ($1,667) Balance to Levy $40,090 Fiscal Year 2014/15 Maximum Rate –Zone A $646.00 Fiscal Year 2014/15 Proposed Applied Rate –Zone A $574.78 Fiscal Year 2014/15 Maximum Rate –Zone B $798.67 Fiscal Year 2014/15 Proposed Applied Rate –Zone B $712.92 Rates above are per Equivalent Benefit Unit. I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1982 Act. NBS ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 2-1 Prepared by NBS –Fiscal Year 2014/15 2.EXECUTIVE SUMMARY Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”),and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”),the City Council of the City of Atascadero, County of San Luis Obispo,State of California (hereafter referred to as “City”),proposed to form and levy special benefit assessments for the district designated as: Street and Storm Drain Maintenance District No. 0 3 (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 2014/15. The City Council formed the District,and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the street and storm drain improvements and facilities associated with and resulting from the development of properties within the District.The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution. This Report describes the District,the improvements,and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements and facilities.The annual assessments described herein will provide a funding source for the continued operation and maintenance of streets, storm drain system and appurtenant facilities installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the development of properties within the District and represent an estimate of the direct expenditures,incidental expenses,and fund balances that will be necessary to maintain and service the streets and storm drain system that provides special benefits to properties within the District.The structure of the District (organization), the improvements,the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2498; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office.The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District’s formation,the City conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4.In conjunction with this ballot proceeding,the City Council conducted a noticed public hearing to consider public testimonies,comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing,property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts),and by resolution the City Council confirmed the results of the ballot tabulation.The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein;therefore,the City Council approved the Report (as submitted or amended),ordered the formation of the District, and approved the levy and collection of assessments.The assessments for fiscal year 2005/2006 were ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 2-2 Prepared by NBS –Fiscal Year 2014/15 submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year,a Report shall be prepared and presented to the City Council describing any changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 3-1 Prepared by NBS –Fiscal Year 2014/15 3.PLANS AND SPECIFICAT IONS A.BENEFITING PROPERTIES WITHIN THE DISTRICT The territory within the District consists of the lots,parcels and subdivisions of land within the proposed residential subdivision known as the De Anza Estates, Tract 2498,which encompasses an area of land totaling approximately seventy-six acres (75.76 acres). This subdivision includes twenty-six (26) Single-Family Residential Units and sixty (60) Modified Housing/Senior Housing Units. The subdivision is situated in the northern portion of the City of Atascadero northeast of Highway 101 and is generally located: At the North end of El Camino Real; North and East of U.S. HWY 101; and, South and West of the Salinas River. B.FUNDING AUTHORIZED BY THE 1982 ACT As generally defined by the Benefit Assessment Act of 1982 and applicable to this District,the City may impose a benefit assessment to finance the maintenance and operation costs of the following services: 1)Drainage and Flood Control; 2)Streets and Roads. In addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements,the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction or replacement of drainage and flood control facilities as well as the street and road improvements (with some limitations).While such activities are permitted under the 1982 Act,the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages,the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments would not be reasonable.If such funding becomes necessary,the City may present a new or increased assessment to the property owners to support the projects. C.DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to fund the activities necessary to maintain and service the local streets and the drainage and flood control systems constructed and installed in connection with development of properties within the residential subdivision known as (De Anza Estates),Tract 2498 pursuant to approved development plans and agreements.The improvements may consist of all or a portion of the public streets,drainage and flood control facilities associated with Tract 2498 and the maintenance of these improvements may include but are not limited to the materials,equipment,labor,and incidental expenses deemed necessary to keep these improvements in satisfactory condition.The maintenance of the improvements and related activities shall be funded entirely or partially through the District assessments.The District improvements and services are generally described as: Street maintenance that may include but is not limited to the repair and servicing of street surfaces, curbs, gutters, bridges, driveway approaches, sidewalks,barricades,delineation,signage or other facilities within the public street right-of-ways installed in connection with the development of properties in Tract 2498 and that have been dedicated to the City; ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 3-2 Prepared by NBS –Fiscal Year 2014/15 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;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 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 3-3 Prepared by NBS –Fiscal Year 2014/15 improvements and facilities within the senior housing development shall be maintained and funded through a Homeowner’s Association or similar entity. The Public Works Department shall authorize the operational activities and maintenance of the public street and right-of-way improvements,facilities and services that may include,but are not limited to: Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters; Annual inspection of street surface and repair of potholes and surface cracks as needed; Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once every five years); Periodic re-striping of traffic lanes,bike lanes,street parking areas, crosswalks and intersections (typically in conjunction with slurry or overly activities); Graffiti abatement of public improvements within the street right-of-ways that are maintained by the District including but not limited to sandblasting, repainting and repair of fences,walls, barricades,sidewalks and signage as needed; Annual inspection and periodic repair or replacement of decorative street-pavers as needed; Annual inspection and minor repairs of curbs,gutters,driveway approaches and sidewalks including partial segment replacements as needed to ensure pedestrian and vehicle safety or the integrity of the street; Annual inspection and periodic repair or rehabilitation of street signs and traffic control devices; Annual inspection and repair of barricades,street-fencing,delineation or retaining walls within the street right-of-ways as needed. A portion of the services described above are not performed on an annual basis but rather on a periodic basis,such as slurry sealing or overlaying the asphalt streets,and the funds necessary for these activities are collected in installments as part of the annual assessments.The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund).The monies accumulated for these activities shall be spent when sufficient funds have been accumulated to perform the services deemed necessary by the City (approximately every five years).This process of accumulating funds (installments)shall continue until such time the District is dissolved;or the City determines that such funding procedures require modification.Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. Storm Drain and Flood Control Maintenance The storm drain and flood control system associated with the District may include but is not limited to: drainage basins and bio-filters;channel ways;storm drain inlets,catch basins,manholes,outlets;drywells, pumps,filters and pipes. The storm drain system to be maintained primarily involves on-site facilities (within the District boundaries)but may also include off-site improvements such as water treatment equipment, facilities or services mandated or required by Federal,State or County regulations for water pollution control. The annual assessments for this District are intended to support a storm drain and flood control maintenance program that will adequately regulate and control storm water runoff resulting from the development of properties within the District.This maintenance program may include but is not limited to: inspection and documentation of the system;cleaning,servicing or repair of the facilities and equipment;and the partial replacement or rehabilitation of equipment and facilities.The storm drain and flood control system ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 3-4 Prepared by NBS –Fiscal Year 2014/15 includes but is not limited to: A single drainage basin of approximately 9,000 square feet; A total of approximately three (3) inlets, catch basins, manholes or outlets located within the single- family residential portion of Tract 2498; Approximately 200 linear feet of 24 inch storm drain pipe. The Public Works Department shall authorize and schedule the operational activities and maintenance of the storm drain and storm water pollution treatment infrastructure,facilities and services that may include,but are not limited to: Cleaning of storm drain inlets,catch basins,manholes and pipes as needed; Stencil maintenance and documentation of facilities as required by Federal,State or County regulations; Cleaning and landscape maintenance of the drainage basins,bio-filter areas or channel ways as needed; Debris removal and pest control in and around the storm drain facilities as needed; Minor repairs and maintenance of the storm drain inlets,catch basins and outlets as needed; Street sweeping services necessary to control debris and water flow for the storm drain system; and, The operational costs related to NPDES compliance requirements. A portion of the services described above are not performed on an annual basis but rather on a periodic basis such as minor repairs to the storm drain inlets, catch basins and outlets,and the funds necessary for these activities are collected in installments as part of the annual assessments.The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund).The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City.This process of accumulating funds (installments)shall continue until such time the District is dissolved;or the City determines that such funding procedures require modification.Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 4-1 Prepared by NBS –Fiscal Year 2014/15 4.ESTIMATE OF COSTS BUDGET FY 2014/15 Zone A (Senior Housing) Zone B (SF-Residential) Total Assessed DIRECT COSTS Street, Roads & Storm Drain Improvements Drainage Maintenance Services Street Sweeping Services $608 $992 $1,600 Inspection & Operational Services -Roads, Drainage 1,733 2,827 4,560 Inspection & Operational Services -Bridges 1,550 450 2,000 Total Annual Direct Costs $3,891 $4,269 $8,160 ADMINISTRATION EXEPNSES City Annual Administration $800 $800 $1,600 Engineer's Report & Services 1,600 1,600 3,200 Public Noticing 300 300 600 Total Annual Administration Costs $2,700 $2,700 $5,400 TOTAL DIRECT & ADMINISTRATION COSTS $6,591 $6,969 $13,560 CAPITAL RESERVE COLLECTIONS/(USES) Collection for Street Surface Activities $5,603 $9,141 $14,744 Collection for Street Re-striping 30 49 79 Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 101 165 266 Collection for Debris Removal 0 281 281 Collection for Bridges 9,863 2,863 12,726 Collection for Storm Drain Infrastructure 0 101 101 Total Annual Capital Reserve Collections/(Uses)$15,597 $12,600 $28,197 LEVY ADJUSTMENTS Interest Income -Improvement Fund ($744)($1,215)($1,959) Interest Income -Operating Reserve Fund (270)(441)(711) Improvement Fund (Use)0 0 0 Operating Reserve Fund Collection (Use)381 622 1003 Total Levy Adjustments ($633)($1,034)($1,667) BALANCE TO LEVY $21,555 $18,535 $40,090 DISTRICT STATISTICS Total Parcels 61 28 Parcels Levied 60 26 Total EBU 37.5 26 Levy per EBU(1)$574.78 $712.92 Maximum Levy per EBU $646.00 $798.67 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $29,317 $47,832 $77,149 Operational Reserve Interest 270 441 711 Operational Reserve Collection (Use)381 622 1,003 Ending Operating Reserve Balance $29,968 $48,895 $78,863 Beginning Improvement Fund Balance $107,997 $79,009 $187,006 Improvement Fund Interest 744 1,215 1,959 Improvement Fund Collection (Use)15,597 12,600 28,197 Ending Improvement Fund Balance $124,338 $92,824 $217,162 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 5-1 Prepared by NBS –Fiscal Year 2014/15 5.METHOD OF ASSESSMENT A.GENERAL The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance,operation and servicing of drainage and flood control improvements as well as streets, roads and appurtenant facilities.The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”. Furthermore: “The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may,by resolution,determine that the estimated cost of work authorized …is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution.The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided,to fairly apportion the costs based on the special benefits to each parcel. B.BENEFIT ANALYSIS Each of the proposed improvements and services,and the associated costs and assessments have been carefully reviewed,identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution.The street and storm drain improvements associated with this District were necessary and essential requirements for the orderly development of the properties within the District to their full potential,consistent with the development plans and applicable portions of the City General Plan.As such the ongoing operation,servicing and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner.Since each parcel to be assessed within the District could not have been developed in the absence of these improvements and facilities,each parcel has a direct investment in the proper maintenance of the improvements that is over and above any general benefits that may be conferred by such improvements and services. The ongoing maintenance and servicing of the District improvements is an integral part of the appearance,use and preservation of the properties within the District and such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels.The proper maintenance of streets and appurtenant facilities allows individual parcels to be used to their fullest extent by ensuring the safe and efficient movement of people and goods to and from the benefiting properties Likewise,the maintenance and servicing of the storm drain system ensures proper water flow and control of excess water during periods of rain,which is essential to preservation and protection of private property.Together the maintenance and servicing of the streets and storm drain system contributes to a specific enhancement of each of the parcels within the District and the absence of adequate maintenance and servicing of the District improvements could eventually have a negative impact on properties within the District. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 5-2 Prepared by NBS –Fiscal Year 2014/15 Although the improvements may include public streets and storm drain facilities that connect to similar facilities outside the District boundaries,it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District.As such,these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental.Therefore,it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large,but clearly provide distinct and special benefits to properties within the District.Any improvement or portion thereof (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However,the costs associated with installation or improvement of any off-site facilities that benefit the parcels within this District as well as other properties (shared benefit)may be allocated to the parcels within the District based on their proportional special benefit from such improvements. C.ASSESSMENT METHODOLOGY The costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally,in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel.The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District based on similarities and differences in parcel land use. Zones of Benefit: While it has been determined that the improvements to be maintained by the District are entirely a special benefit to properties within the District (No measurable general benefit), upon review of the various improvements, the location and need for such improvements and the proposed development of properties within the District it has been determined that the improvements and services that will benefit the single- family residential properties are not identical to the improvements and services that will benefit the senior housing development, although they do share in the benefit of some of the improvements. Therefore, it has been determined that two separate zones of benefit are required to appropriately allocate the costs of maintaining the improvements and establish proportional special benefit assessments. The properties associated with the senior housing development have been identified and designated as “Zone A”, and the single-family residential properties within Tract 2498 have been identified and designated as “Zone B” based on the improvements associated with those properties. Zone A (Senior Housing Portion of Tract 2498)—It has been determined that these properties benefit and shall proportionately share in the costs associated with maintaining and servicing the Upper Bridge Crossing, El Camino Real and the western portion of Ferrocarril Road leading into these properties. It has also been determined that the construction of the Graves Creek Bridge was only necessary for the development of these properties and therefore the cost to service and maintain this facility shall be entirely allocated to these properties. Conversely, the storm drain improvements that will be maintained by the City within Tract 2498 have been constructed as part of developing the twenty-six single-family residential properties and it has been determined that the senior housing properties do not receive direct and special benefit from those particular improvements. While these properties will not be assessed for the storm drain improvements, it should be noted that some storm drain facilities will be constructed as part of the ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 5-3 Prepared by NBS –Fiscal Year 2014/15 senior housing development; however these improvements are not included in this District and will be provided and maintained by a Homeowner’s Association or similar entity. Zone B (Single-Family Residential Portion of Tract 2498)—Along with the properties in Zone A, the single-family residential properties within Tract 2498 benefit and shall proportionately share in the costs associated with maintaining and servicing the Upper Bridge Crossing and El Camino Real. In addition, the overall development of these particular properties required the construction and installation of the street improvements on Ferrocarril Road and De Anza Court as well as the entire storm drain system to be maintained by the District. Therefore the cost of maintaining and servicing these particular improvements shall be budgeted and allocated proportionately to only those properties in Zone B. Conversely, the construction of the Graves Creek Bridge was only necessary for the development of the senior housing and the properties within Zone B will not share in the cost of maintaining this particular facility. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District.The method of apportionment established for most districts formed under the 1982 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU)methodology that uses the single-family home site as the basic unit of assessment.A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status,type of development (land use),and size of the property,as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use),this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses.Not all land use types described in the following are necessarily applicable to the development of properties within this District,but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. EBU Application by Land Use: Single-family Residential —This land use is defined as a fully subdivided residential home site with or without a structure.This land use is assessed 1.0 EBU per lot or parcel.This is the base value that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”). Multi-family Residential —This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property.(This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums,town-homes or mobilehome parks). Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis,the benefits are equal.Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition;Metcalf and Eddy,Wastewater Engineering Treatment, Disposal, Reuse, Third Edition).These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi- family residential units and a similar reduction in proportional benefit is appropriate. Furthermore,it is also reasonable to conclude that as the density (number of units)increases,the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single-family residential property is best represented by the following special benefit assignment:0.75 EBU per unit for the first 50 units;0.50 EBU per unit for units 51 through 100;and 0.25 EBU per unit for the remaining units. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 5-4 Prepared by NBS –Fiscal Year 2014/15 Condominium/Town-home Units —Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally,the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN.In consideration of these factors it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). Modified Housing/Senior Housing Units —Modified Housing or Senior Housing is generally defined as residential units that would typically be classified as Condominiums or Town-homes, but have specific deed restrictions that may limit the size or use of all units within the development. This classification is not applicable to individual single-family residential parcels unless all single-family residential parcels within that particular development or subdivision have the same restrictions. (For example: One or more single- family units within a subdivision that are deed restricted as “Affordable Housing” or “Senior Housing” does not qualify for this land use classification, unless all the units within that development have the same or similar deed restrictions.) Since this classification generally involves Condominium or Town-home type properties, that are generally assigned 0.75 EBU, it has been determined that an appropriate allocation of special benefit for modified housing units or senior housing units is best represented by an assignment of 0.625 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to a single APN. Planned-Residential Development —This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified)and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map.Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium,multi-family units to be developed). Vacant Residential —This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved.Based upon the opinions of professional appraisers who appraise market property values for real estate in California,the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent).Although the assessed value of an individual property is not a direct reflection of the property’s special benefit,this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single- family residential units typically developed per acre of land (an average of 4 residential units per acre)an Equivalent Benefit Unit of 1.0 EBU per acre (4 units per acre x 25%)is derived and presents an appropriate apportionment of special benefit for vacant residential properties.Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases,it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). Exempt Parcels —This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include but is not limited to: Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 5-5 Prepared by NBS –Fiscal Year 2014/15 Dedicated public easements including open space areas,utility rights-of-way, greenbelts, parkways, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.; Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels current development status.Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. Special Cases —In many districts where multiple land use classifications are involved,there are usually one or more properties for which the standard land use classifications do not accurately identify the special benef its received from the improvements.For example,a parcel may be identified as a Vacant Residential property,however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s)is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements.An assessment amount per EBU (Assessment Rate)for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements.This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy /Total EBU =Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 5-6 Prepared by NBS –Fiscal Year 2014/15 D.ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law.Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID),legislative changes in the Brown Act defined a "new or increased assessment"to exclude certain conditions.These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed."This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures,which could add to the District costs and assessments.As part of the District formation,the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to the future assessments and is generally defined: If the proposed annual assessment (levy per EBU)for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate,then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment Rate is equal to the (Initial)Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of,three percent (3%)or the annual percentage change in the Consumer Price Index (CPI)of “All Urban Consumers”for the San Francisco-Oakland- San Jose Area from February to February. Beginning with fiscal year 2006/2007 and each fiscal year thereafter,the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above.The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment.The annual percentage change in CPI shall be based on available data provided by the U.S.Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index,the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU)less than or equal to the calculated (adjusted)Maximum Assessment Rate is not considered an increased assessment,even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year.Likewise,modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment.Conversely, reductions in the proportional special benefit assigned to a land use classifications is permitted.Changes in land use or size of an individual property resulting in an assessment increase,is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula,the City must comply with the provisions of the California Constitution Article XIIID Section 4c,that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting.Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 6-1 Prepared by NBS –Fiscal Year 2014/15 6.ASSESSMENT DIAGRAM The parcels within the Street and Storm Drain Maintenance District No.03 (De Anza Estates)consist of the lots,parcels and subdivisions of land located in the residential development known as De Anza Estates,Tract 2498.The District covers approximately seventy-six acres (75.79 acres)in the northern portion of the City of Atascadero. The following District Diagram is based on 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 this map and the Assessment Roll contained in this Report constitute the District Assessment Diagram. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 ASSESSMENT DIAGRAM FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 3 (SE ANZA ESTATES) CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA 2011/2012 Storm Drain Maintenance District No. 3 Page 21 of 24 ITEM NUMBER: B-2DATE: 06/10/14ATTACHMENT: 3 Street & Storm Drain District No.03 (De Anza)Engineer’s Report –City of Atascadero 7-1 Prepared by NBS –Fiscal Year 2014/15 7.ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared.A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include,but are not limited to public streets and other roadways (typically not assigned an APN by the County);dedicated public easements,open space areas,right-of-ways,common areas;landlocked parcels, small parcels vacated by the County,bifurcated lots,and any other property that can not be developed or has little or no value.These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller.The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore,if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment: ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 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 1 798.67 712.88 049-044-003 B 1 798.67 712.88 049-044-004 B 1 798.67 712.88 049-044-005 B 1 798.67 712.88 049-044-006 B 1 798.67 712.88 049-044-007 B 1 798.67 712.88 049-044-008 B 1 798.67 712.88 049-044-009 B 1 798.67 712.88 049-044-010 B 1 798.67 712.88 049-044-011 B 1 798.67 712.88 049-044-012 B 1 798.67 712.88 049-044-013 B 1 798.67 712.88 049-044-014 B 1 798.67 712.88 049-044-015 B 1 798.67 712.88 049-044-016 B 1 798.67 712.88 049-044-017 B 1 798.67 712.88 049-044-018 B 1 798.67 712.88 049-044-019 B 1 798.67 712.88 049-044-020 B 1 798.67 712.88 049-044-021 B 1 798.67 712.88 049-044-022 B 1 798.67 712.88 049-044-023 B 1 798.67 712.88 049-044-024 B 1 798.67 712.88 049-044-025 B 1 798.67 712.88 049-044-026 B 1 798.67 712.88 049-044-033 B 1 798.67 712.88 049-046-001 A 0 -- 049-046-002 A 0.625 403.75 359.24 049-046-003 A 0.625 403.75 359.24 049-046-004 A 0.625 403.75 359.24 049-046-005 A 0.625 403.75 359.24 049-046-006 A 0.625 403.75 359.24 049-046-007 A 0.625 403.75 359.24 049-046-008 A 0.625 403.75 359.24 049-046-009 A 0.625 403.75 359.24 049-046-010 A 0.625 403.75 359.24 049-046-011 A 0.625 403.75 359.24 049-046-012 A 0.625 403.75 359.24 049-046-013 A 0.625 403.75 359.24 049-046-014 A 0.625 403.75 359.24 049-046-015 A 0.625 403.75 359.24 049-046-016 A 0.625 403.75 359.24 049-046-017 A 0.625 403.75 359.24 049-046-018 A 0.625 403.75 359.24 CITY OF ATASCADERO Street and Storm Drain Maintenance District No. 03 (De Anza Estates) Fiscal Year 2014/2015 Assessment Roll Street and Storm Drain Maintenance District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 Assessor's Parcel Number Benefit Zone Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 049-046-019 A 0.625 403.75 359.24 049-046-020 A 0.625 403.75 359.24 049-046-021 A 0.625 403.75 359.24 049-046-022 A 0.625 403.75 359.24 049-046-023 A 0.625 403.75 359.24 049-046-024 A 0.625 403.75 359.24 049-046-025 A 0.625 403.75 359.24 049-046-026 A 0.625 403.75 359.24 049-046-027 A 0.625 403.75 359.24 049-046-028 A 0.625 403.75 359.24 049-046-029 A 0.625 403.75 359.24 049-046-030 A 0.625 403.75 359.24 049-046-031 A 0.625 403.75 359.24 049-046-032 A 0.625 403.75 359.24 049-046-033 A 0.625 403.75 359.24 049-046-034 A 0.625 403.75 359.24 049-046-035 A 0.625 403.75 359.24 049-046-036 A 0.625 403.75 359.24 049-046-037 A 0.625 403.75 359.24 049-046-038 A 0.625 403.75 359.24 049-046-039 A 0.625 403.75 359.24 049-046-040 A 0.625 403.75 359.24 049-046-041 A 0.625 403.75 359.24 049-046-042 A 0.625 403.75 359.24 049-046-043 A 0.625 403.75 359.24 049-046-044 A 0.625 403.75 359.24 049-046-045 A 0.625 403.75 359.24 049-046-046 A 0.625 403.75 359.24 049-046-047 A 0.625 403.75 359.24 049-046-048 A 0.625 403.75 359.24 049-046-049 A 0.625 403.75 359.24 049-046-050 A 0.625 403.75 359.24 049-046-051 A 0.625 403.75 359.24 049-046-052 A 0.625 403.75 359.24 049-046-053 A 0.625 403.75 359.24 049-046-054 A 0.625 403.75 359.24 049-046-055 A 0.625 403.75 359.24 049-046-056 A 0.625 403.75 359.24 049-046-057 A 0.625 403.75 359.24 049-046-058 A 0.625 403.75 359.24 049-046-059 A 0.625 403.75 359.24 049-046-060 A 0.625 403.75 359.24 049-046-061 A 0.625 403.75 359.24 Totals 63.5 44,990.42$40,089.28$ (1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls. Street and Storm Drain Maintenance District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 3 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 4 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE LANDSCAPING AND LIGHTING DISTRICT NO. 03 (DE ANZA ESTATES), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO IN FISCAL YEAR 2014/2015 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as the “City Council”), pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500, in connection with the proposed levy for Landscaping and Lighting District No. 03 (De Anza Estates) (hereafter referred to as the “District”) and the collection of assessments related thereto for the fiscal year starting July 1, 2014 and ending June 30, 2015; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for the Landscaping and Lighting District No. 03 (De Anza Estates), Fiscal Year 2014/2015” (hereafter referred to as the “Engineer’s Report”) in accordance with the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and, WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 4 proportional special benefit assessment as well as a description of the assessment range formula that establishes the maximum assessment rate in subsequent fiscal years. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and annual assessment for fiscal year 2014/2015. SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 5 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2014/2015 FOR LANDSCAPING AND LIGHTING DISTRICT NO. 03 (DE ANZA ESTATES) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Landscaping and Lighting District No. 03 (De Anza Estates) (hereafter referred to as the “District”) for fiscal year 2014/2015, said fiscal year commencing July 1, 2014 and ending June 30, 2015; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting and appurtenant facilities related thereto; and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2014 and ending June 30, 2015, to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting, and appurtenant facilities related thereto; and, WHEREAS, the City and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIIID of the California State Constitution; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection with the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 5 a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street lights, landscaping, parks and open space areas within the District and appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Landscaping and Lighting District No. 03 (De Anza Estates), and such money shall be expended for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Sections 22645-22647 of the Act, upon adoption of this Resolution. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 5 On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Landscaping and Lighting District No. 03 (De Anza Estates) City of Atascadero Fiscal Year 2014/15 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 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 Brian Sturtevant, Mayor Pro Tem Bob Kelley, Council Member Heather Moreno, Council Member Roberta Fonzi, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Russell Thompson, Public Works Director, Engineer Cindy Chavez,Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo,Senior Consultant ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero Table of Contents Prepared by NBS –Fiscal Year 2014/15 TABLE OF CONTENTS 1.ENGINEER’S LETTER 1-1 2.EXECUTIVE SUMMARY 2-1 3.PLANS AND SPECIFICATIONS 3-1 A.DESCRIPTION OF THE DISTRICT..............................................................3-1 B.IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT ......3-1 C.DESCRIPTION OF IMPROVEMENTS AND SERVICES ..............................3-2 4.ESTIMATE OF COSTS 4-1 5.METHOD OF ASSESSMENT 5-1 A.GENERAL ....................................................................................................5-1 B.BENEFIT ANALYSIS ....................................................................................5-1 C.ASSESSMENT METHODOLOGY................................................................5-2 D.ASSESSMENT RANGE FORMULA .............................................................5-6 6.ASSESSMENT DIAGRAM 6-1 7.ASSESSMENT ROLL 7-1 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 1-1 Prepared by NBS –Fiscal Year 2014/15 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 13, 2014, 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 2014/15: FY 2014/15 Budget Summary Description Total Costs Costs Not Assessed Proposed Assessment Total Benefit Units Maximum Rate Proposed Rate Per BU Annual Maintenance $21,624 $1,208 $20,416 Administration 5,490 0 5,490 Levy Adjustments (11,239)(1,208)(10,031) Total $15,875 $0 $15,875 63.5 $1,145.19 $250.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1972 Act. NBS ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 2-1 Prepared by NBS –Fiscal Year 2014/15 2.EXECUTIVE SUMMARY Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as “Article XIIID”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), executed the proceedings required for the establishment of the special benefit assessment district designated as: Landscaping and Lighting District No. 03 (De Anza Estates) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as De Anza Estates, Tract 2498 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2014/15, as required pursuant to Chapter 1, Article 4 of the 1972 Act. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the landscaping and lighting improvements associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provisions of Article XIIID. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements. The annual assessments will provide a funding source for the continued operation and maintenance of public landscaping and lighting improvements installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The boundaries of the District, the proposed improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2498; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of the District formation, the City of Atascadero conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing on August 9, 2005 to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. Tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 2-2 Prepared by NBS –Fiscal Year 2014/15 The assessments for fiscal year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, an Engineer’s Report shall be prepared and presented to the City Council describing the District any changes to the District or improvements and the proposed budget and assessments for that fiscal year and the City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 3-1 Prepared by NBS –Fiscal Year 2014/15 3.PLANS AND SPECIFICATIONS A.DESCRIPTION OF THE DISTRICT The territory within the District consists of the lots,parcels and subdivisions of land within the proposed residential subdivision known as the De Anza Estates ,T ract 2498,which encom passes an area of land totaling approximately seventy-six acres (75.76 acres). This subdivision is planned to include twenty-six (26) Single-Family Residential Units and sixty (60) Modified Housing/Senior Housing Units at build -out. The planned subdivision is situated in the northern portion of the City of Atascadero northeast of Highway 101 and is generally located: At the North end of El Camino Real; North and East of U.S. HWY 101; and, South and West of the Salinas River. B.IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT As generally defined by the 1972 Act and applicable to this District,the improvements and associated assessments may include one or more of the following: 1)The installation or planting of landscaping; 2)The installation or construction of statuary,f ountains,and other ornamental structures and facilities; 3)The installation or construction of public lighting f acilities including,but not lim ited to street lights and traffic signals; 4)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the m aintenance or servicing thereof; 5)The installation of park or recreational im provem ents,including,but not limited to,all of the following: a)Land preparation,such as grading,leveling,cutting and f illing,sod, landscaping, irrigation systems, sidewalks, and drainage. b)Lights,playground equipm ent,play courts,and public restrooms. 6)The acquisition of land f or park,recreational,or open-space purposes or any existing improvem ent otherwise authorized pursuant to this section. 7)The m aintenance or servicing,of any of the f oregoing including the f urnishing of services and m aterials f or the ordinary and usual m aintenance,operation,and servicing of any improvem ent including but not limited to: a)Repair,removal,or replacement of all or any part of any im provem ents; b)Grading,clearing,rem oval of debris,the installation or construction of curbs,gutters, walls,sidewalks,or paving,or water,irrigation, drainage,or electrical f acilities; c)Providing for the life,growth,health,and beauty of landscaping, including cultivation, irrigation,trimm ing,spraying,f ertilizing,or treating for disease or injury; d)T he rem oval of trimmings,rubbish,debris,and other solid waste; e)T he cleaning,sandblasting,and painting of walls and other improvements to rem ove or cover graff iti; f)Electric current or energy,gas,or other illuminating agent for any public lighting f acilities or f or the lighting or operation of any other im provem ents; g)Water for the irrigation of any landscaping,the operation of any fountains,or the ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 3-2 Prepared by NBS –Fiscal Year 2014/15 maintenance of any other improvements. 8)Incidental expenses associated with the i m provem ents including, but not li m ited to: a)The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b)The costs of printing,advertising,and the publishing,posting and mailing of notices; c)Compensation payable to the County for collection of assessments; d)Compensation of any engineer or attorney employed to render services; e)Any other expenses incidental to the construction,installation,or maintenance and servicing of the improvements; f)Costs associated with any elections held for the approval of a new or increased assessment. C.DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to ensure the ongoing maintenance,operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District.The improvements may consist of all or a portion of the public landscaped areas,street lighting and appurtenant facilities within and adjacent to the District (Tract 2498). These improvements generally include,but are not limited to the materials,equipment, utilities,labor,appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways,medians,slopes,trails,park areas, drainage basins,open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District.The improvements to be maintained and funded entirely or partially through the District assessments are generally described as: Streetscape landscaping including street trees located on the perimeter of the development and interior streets of Tract 2498 that are within the public right-of-ways or easements and dedicated to the City for maintenance; Open space areas and fuel modif ication areas within or adjacent to the District boundaries; Park areas,recreational equipm ent,trails and landscaped drainage facilities developed and constructed as part of developing properties within Tract 2498; Public lighting facilities including street lighting,saf ety lighting and ornamental lighting installed as part of the residential development or landscaped improvement areas; Appurtenant f acilities,equipment,m aterials and utilities related to the aforementioned improvements; Specifically not included as District im provem ents are those im provem ents located on private property,improvements and facilities that may be provided or maintained by an agency other than the City; improvements and facilities that m ay be provide by another assessment or tax levied by the City or any improvement provided and m aintained by a Homeowner’s Association or 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 W orks and by reference are made part of this Report.Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements,will not be included as part of the District assessments. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 3-3 Prepared by NBS –Fiscal Year 2014/15 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: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 4-1 Prepared by NBS –Fiscal Year 2014/15 4.ESTIMATE OF COSTS BUDGET Total Budget Costs Not Assessed Fiscal Year 2014/15 DIRECT COSTS Annual Maintenance Landscape Services $4,910 $708 $4,202 Landscape Supplies 800 -800 Landscape Utilities 500 -500 City Landscape Services 8,800 -8,800 Maintenance 0 -0 Special Projects --- Total Annual Direct Costs $15,010 $708 $14,302 CAPITAL EXPENDITURES Special Projects $4,000 $-$4,000 Total Annual Capital Expenditures $4,000 $-$4,000 ADMINISTRATION EXEPNSES Annual Administration Expenses City Annual Administration $1,840 $-$1,840 Engineer's Report & Services 2,970 -2,970 Public Noticing 680 -680 Total Annual Administration Costs $5,490 $-$5,490 TOTAL DIRECT & ADMINISTRATION COSTS $24,500 $708 $23,792 CAPITAL RESERVE COLLECTIONS/(USES) Landscape Rehabilitation/Repla cement $2,938 $-$2,938 Trail & Pathway Rehabilitation/Replacement 1,000 500 500 Park & Open Space Rehabilitation/Replacement 707 -707 Tree Rehabilitation/Replacement 1,207 -1,207 Park Rehabilitation/Replacement 762 -762 Use of Reserves (4,000)-(4,000) Total Annual Capital Reserve Collections/(Uses)$2,614 $500 $2,114 LEVY ADJUSTMENTS Interest Income -Improvement Fund ($265)$-($265) Interest Income -Operating Reserve Fund (885)-(885) Operating Reserve Fund Collection (Use)(10,089)(1,208)(8,881) Total Levy Adjustments ($11,239)($1,208)($10,031) BALANCE TO LEVY $15,875 $-$15,875 DISTRICT STATISTICS Total Parcels 89 Parcels Levied 86 Total EBU 63.5 Levy per EBU(1)250 Maximum Levy per EBU 1,145.19 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $86,831 Operational Reserve Interest 885 Operational Reserve Collection (Use)(8,881) Estimated Ending Operating Reserve Balance $78,835 Beginning Improvement Fund Balance $25,940 Improvement Fund Interest 265 Improvement Fund Collection (Use)2,614 Estimated Ending Improvement Fund Balance $28,819 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 5-1 Prepared by NBS –Fiscal Year 2014/15 5.METHOD OF ASSESSMENT A.GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements,which include the construction,maintenance,and servicing of public lights,landscaping and appurtenant facilities.The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided,to fairly apportion the costs based on the special benefits to each parcel. B.BENEFIT ANALYSIS Each of the proposed improvements,the associated costs and assessments have been carefully reviewed,identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and Article XIIID. The improvements provided by this District and for which properties will be assessed have been identified as necessary,required and/or desired for the orderly development of the properties within the District to their full potential,consistent with the development plans and applicable portions of the City General Plan.As such,these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation,servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore,the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District.Any improvement or portion thereof that is considered to be of general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within the District. Special Benefit The method of apportionment (method of assessment)established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting and well- maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically: Enhanced desirability of properties through association with the improvements. Im proved aesthetic appeal of properties providing a positive representation of the area and properties. Enhanced adaptation of the urban environm ent within the natural environm ent from adequate green space and landscaping. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 5-2 Prepared by NBS –Fiscal Year 2014/15 Environmental enhancement through im proved erosion resistance,dust and debris control, and fire prevention. Increased sense of pride in ownership of property within the District resulting f rom well- maintained im provem ents associated with the properties. Enhanced quality of lif e through well-maintained green space and landscaped areas. Reduced crim inal activity and property-related crimes (especially vandalism )against properties in the District through well-maintained surroundings and am enities including abatement of graffiti. Enhanced environm ental quality of the parcels by m oderating temperatures,providing oxygenation and attenuating noise. The special benefits of street lighting and other public lighting facilities are the convenience,safety,and security of property,improvements,and goods.Specifically: Enhanced deterrence of crim e and the aid to police protection. Increased nighttim e safety on roads,streets and public areas. Im proved ability of pedestrians and motorists to see. Im proved ingress and egress to property. Reduced vandalism and other crim inal act and damage to im provem ents or property. Im proved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties.Furthermore,it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit Upon reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing, constructing and maintaining such improvements, it is evident that the properties within the District receive special benefit from those improvements. While the District improvements clearly include public areas, easements, right-of-ways and other amenities available or visible to the public at large, the landscaped areas, trails, detention basin as well as the need to increase maintenance activities within the open space areas resulted solely from the development of properties within the District and would otherwise not have been required nor necessarily desired by any properties or developments outside the District and any public access or use of the improvements by others is incidental. Therefore, it has been determined that these improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large. However, while this development has facilitated a need for increased maintenance of the open space area associated with Tract 2498, it is also recognized that land conservation and ensuring adequate open space areas within the City does have some indirect, but not quantifiable, benefit to the community at large. Therefore, while the entire cost to maintain the open space area as well as the Horse Arena facility have been incorporated into the 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: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 5-3 Prepared by NBS –Fiscal Year 2014/15 C.ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of parcels within the District based on the parcel’s actual land use or proposed development. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel.Additionally,in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel.The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. To identify and determine the special benefit to be received by each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the planned improvements as well as individual property development within the District.Upon review of the proposed improvements it has been determined that each of the residential parcels within the District receives special benefits from the improvements to be funded by annual assessments and based on the planned property development a single zone of benefit is appropriate for the allocation of the assessments and proportional benefit. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1972 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit methodology that uses the single-family home site as the basic unit of assessment.A single-family home site equals one Equivalent Benefit Unit (EBU)and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status,type of development (land use),and size of the property,as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non- residential use),this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses.Not all land use types described in the following are necessarily applicable to the development of properties within this District,but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. Single-family Residential —This land use is defined as a f ully subdivided residential hom e site with or without a structure.T his land use is assessed 1.00 EBU per lot or parcel.This is the base value that the other properties are compared and weighted against regarding special benefit. Multi-family Residential —This land use is def ined as a fully subdivided residential parcel that has m ore than one residential unit developed on the property.(T his land use typically includes apartments,duplexes,triplex etc.,but does not generally include condominiums,town-homes or m obile hom e parks).Based on average population densities and size of the structure as com pared to a typical single-family residential unit,m ulti-f am ily residential parcels shall be proportionately assessed f or the parcel’s total num ber of residential units utilizing a sliding benef it scale.Although m ulti-f amily properties typically receive sim ilar benef its to that of a single-f am ily residential,it would not be reasonable to conclude that on a per unit basis,the benef its are equal.Studies have consistently shown that the average m ulti-f am ily unit im pacts inf rastructure approximately 75%as m uch as a single-f am ily residence (Sam ple Sources: Institute of T ransportation Engineers Inf orm ational Report Trip Generation, Fifth Edition;Metcalf and Eddy,W astewater Engineering ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 5-4 Prepared by NBS –Fiscal Year 2014/15 Treatm ent,Disposal,Reuse,Third Edition).T hese various studies indicate that m ost public im provem ents and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a sim ilar reduction in proportional benef it is appropriate.Furtherm ore,it is also reasonable to conclude that as the density (num ber of units)increases the proportional benef it 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 f ollowing special benef it assignm ent:0.75 EBU per unit f or the first 50 units; 0.50 EBU per unit for units 51 through 100;and 0.25 EBU per unit for rem aining units. Condominium/Town-home Units —Condom inium s and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identif ied as a separate land use classif ication. Like most single-f am ily residential properties,these properties are not usually considered rental property and generally,the County assigns each unit a separate APN or assessment num ber.However,condom inium s and town-hom es often have sim ilarities to m ulti-f amily residential properties in that they are generally zoned medium to high density and in som e cases m ay involve multiple units on a single APN. In consideration of these f actors it has been determined that an appropriate allocation of special benefit f or condom inium s,town-hom es and sim ilar residential properties is best represented by an assignm ent of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustm ent for parcels with m ore than f ive units). Modified Housing/Senior Housing Units —Modified Housing or Senior Housing is generally defined as residential units that would typically be classified as Condominiums or Town-homes, but have specific deed restrictions that may limit the size or use of all units within the development. This classification is not applicable to individual single-family residential parcels unless all single-family residential parcels within that particular development or subdivision have the same restrictions. (For example: One or more single-family units within a subdivision that are deed restricted as “Affordable Housing” or “Senior Housing” does not qualify for this land use classification, unless all the units within that development have the same or similar deed restrictions.) Since this classification generally involves Condominium or Town-home type properties, that are generally assigned 0.75 EBU, it has been determined that an appropriate allocation of special benefit for modified housing units or senior housing units is best represented by an assignment of 0.625 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to a single APN. Planned-Residential Development —T his land use is def ined as any property for which a tentative or final tract map has been filed and approved (a specific num ber of residential lots and units has been identified)and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and developm ent plan f or the District.T his land use classification often tim es involves more than a single parcel (e.g.the approved tract map encompasses m ore than a single APN).Each parcel that is part of the approved tract m ap shall be assessed proportionately f or the proposed or estim ated residential type and units to be developed on that parcel as part of the approved tract m ap.Accordingly,each parcel is assigned an appropriate number of benef it units that reflects the developm ent of that property at build-out.(T he EBU assigned to each parcel shall represent the combination of single-fam ily, condom inium ,m ulti-f am ily units to be developed). Vacant Residential —This land use is def ined as property currently zoned for residential developm ent,but a tentative or final tract m ap for the property has not yet been approved.Based upon the opinions of prof essional appraisers who appraise m arket property values f or real estate in California,the land value portion of a property typically ranges f rom 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 ref lection of the property’s special benef it,this general correlation between land value and structure value does provide a reasonable basis for apportioning special benef it 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 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 5-5 Prepared by NBS –Fiscal Year 2014/15 25%)is derived and presents an appropriate apportionment of special benefit for vacant residential properties.Recognizing that the f ull and tim ely utilization of vacant property is reduced as the size of the property increases,it has been determ ined that the maxim um EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in excess of 25 acres are assigned 25.00 EBU).Parcels less than one acre,shall be assigned a m inim um of 1.00 EBU (similar to a vacant lot within a residential tract). Exempt Parcels —T his land use identif ies properties that are not assessed and are assigned 0.00 EBU.This land use classification m ay include but is not lim ited to: Lots or parcels identif ied as public streets and other roadways (typically not assigned an APN by the County); Dedicated public easements including open space areas,utility rights-of -way,greenbelts, parkways,parks or other publicly owned properties that are part of the District im provem ents or may provide other benef its to private properties within the District; Private properties that cannot be developed independently from an adjacent property,such as common areas,sliver parcels or bif urcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit f rom the improvements and are theref ore exem pted f rom assessment,but shall be reviewed annually by the assessment engineer to confirm the parcels’ current developm ent status.Governm ent owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessm ent unless it qualifies for an exempt status. Special Cases —In m any districts where multiple land use classif ications are involved,there are usually one or more properties f or which the standard land use classifications do not accurately identif y the special benefits received from the improvements.For example,a parcel m ay be identif ied 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 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 5-6 Prepared by NBS –Fiscal Year 2014/15 The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units =Parcel EBU The total number of Equivalent Benefit Units (EBU’s)is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements.An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy /Total EBU = Levy per EBU Levy per EBU x Parcel EBU =Parcel Levy Amount D.ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law.Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID),legislative changes in the Brown Act defined a "new or increased assessment"to exclude certain conditions.These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed."This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments.As part of the District formation,the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment),identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to future assessments and is generally defined: If the proposed annual assessment (levy per EBU)for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate,then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment Rate is equal to the (Initial)Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of,three percent (3%)or the annual percentage change in the Consumer Price Index (CPI)of “All Urban Consumers”for the San Francisco-Oakland-San Jose Area from February to February.The Maximum Assessment rate was increased by 3.0%for fiscal year 2014/15. Beginning with the second fiscal year (fiscal year 2006/2007)and each fiscal year thereafter,the Maximum Assessment Rate is recalculated and a new Maximum Assessment Rate is established for the fiscal year utilizing the Assessment Range Formula described above.The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment.The annual percentage change in CPI shall be based on available data provided by the U.S.Department of Labor;Bureau of Labor Statistics at the time the annual Report is prepared.Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index,the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU)less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment,even if the proposed ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 5-7 Prepared by NBS –Fiscal Year 2014/15 assessment is significantly greater than the assessment applied in the prior fiscal year.Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment.Conversely, reductions in the proportional special benefit assigned to a land use classifications are permitted. Changes in land use or size of an individual property resulting in an assessment increase,is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula,the City must comply with the provisions of Article XIIID Section 4c,that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting.Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 6-1 Prepared by NBS –Fiscal Year 2014/15 6.ASSESSMENT DIAGRAM The parcels within the Landscaping and Lighting District No.03 De Anza Estates consist of the lots, parcels and subdivisions of land located in the planned residential development known as De Anza Estates,Tract 2498.The District covers approximately seventy-six acres (75.76 acres)in the northern portion of the City of Atascadero. The following District Diagram is based on the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the original parcels of land within the proposed District.The combination of this map and the Assessment Roll contained in this Report constitute the District Assessment Diagram.The maximum assessment rate,assessment range formula and the proposed assessment amount for each of the existing parcels within the District as described herein,was presented to the property owners of record and approved in accordance with the provisions of the California Constitution. ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 ASSESSMENT DIAGRAM FOR LANDSCAPE AND LIGHTING DISTRICT NO. 3 (SE ANZA ESTATES) CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA 2011/2012 L&L No. 3 Page 19 of 22 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.03 (De Anza Estates)Engineer’s Report –City of Atascadero 7-1 Prepared by NBS –Fiscal Year 2014/15 7.ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared.A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include,but are not limited to public streets and other roadways (typically not assigned an APN by the County);dedicated public easements,open space areas,right- of-ways,common areas;landlocked parcels,small parcels vacated by the County,bifurcated lots,and any other property that can not be developed or has little or no value.These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year,a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller.The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore,if a single parcel is subdivided to multiple parcels,the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. The following is a list of the parcels and assessment amounts for each of the parcels within the District as determined by the assessment rates and method of apportionment described herein: ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 049-043-003 0 -$-$ 049-043-004 0 -- 049-044-002 1 1,145.19 250.00 049-044-003 1 1,145.19 250.00 049-044-004 1 1,145.19 250.00 049-044-005 1 1,145.19 250.00 049-044-006 1 1,145.19 250.00 049-044-007 1 1,145.19 250.00 049-044-008 1 1,145.19 250.00 049-044-009 1 1,145.19 250.00 049-044-010 1 1,145.19 250.00 049-044-011 1 1,145.19 250.00 049-044-012 1 1,145.19 250.00 049-044-013 1 1,145.19 250.00 049-044-014 1 1,145.19 250.00 049-044-015 1 1,145.19 250.00 049-044-016 1 1,145.19 250.00 049-044-017 1 1,145.19 250.00 049-044-018 1 1,145.19 250.00 049-044-019 1 1,145.19 250.00 049-044-020 1 1,145.19 250.00 049-044-021 1 1,145.19 250.00 049-044-022 1 1,145.19 250.00 049-044-023 1 1,145.19 250.00 049-044-024 1 1,145.19 250.00 049-044-025 1 1,145.19 250.00 049-044-026 1 1,145.19 250.00 049-044-033 1 1,145.19 250.00 049-046-001 0 -- 049-046-002 0.625 715.74 156.24 049-046-003 0.625 715.74 156.24 049-046-004 0.625 715.74 156.24 049-046-005 0.625 715.74 156.24 049-046-006 0.625 715.74 156.24 049-046-007 0.625 715.74 156.24 049-046-008 0.625 715.74 156.24 049-046-009 0.625 715.74 156.24 049-046-010 0.625 715.74 156.24 049-046-011 0.625 715.74 156.24 049-046-012 0.625 715.74 156.24 049-046-013 0.625 715.74 156.24 049-046-014 0.625 715.74 156.24 049-046-015 0.625 715.74 156.24 CITY OF ATASCADERO Landscaping and Lighting District No. 03 (De Anza Estates) Fiscal Year 2014/2015 Assessment Roll Landscaping and Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 049-046-016 0.625 715.74 156.24 049-046-017 0.625 715.74 156.24 049-046-018 0.625 715.74 156.24 049-046-019 0.625 715.74 156.24 049-046-020 0.625 715.74 156.24 049-046-021 0.625 715.74 156.24 049-046-022 0.625 715.74 156.24 049-046-023 0.625 715.74 156.24 049-046-024 0.625 715.74 156.24 049-046-025 0.625 715.74 156.24 049-046-026 0.625 715.74 156.24 049-046-027 0.625 715.74 156.24 049-046-028 0.625 715.74 156.24 049-046-029 0.625 715.74 156.24 049-046-030 0.625 715.74 156.24 049-046-031 0.625 715.74 156.24 049-046-032 0.625 715.74 156.24 049-046-033 0.625 715.74 156.24 049-046-034 0.625 715.74 156.24 049-046-035 0.625 715.74 156.24 049-046-036 0.625 715.74 156.24 049-046-037 0.625 715.74 156.24 049-046-038 0.625 715.74 156.24 049-046-039 0.625 715.74 156.24 049-046-040 0.625 715.74 156.24 049-046-041 0.625 715.74 156.24 049-046-042 0.625 715.74 156.24 049-046-043 0.625 715.74 156.24 049-046-044 0.625 715.74 156.24 049-046-045 0.625 715.74 156.24 049-046-046 0.625 715.74 156.24 049-046-047 0.625 715.74 156.24 049-046-048 0.625 715.74 156.24 049-046-049 0.625 715.74 156.24 049-046-050 0.625 715.74 156.24 049-046-051 0.625 715.74 156.24 049-046-052 0.625 715.74 156.24 049-046-053 0.625 715.74 156.24 049-046-054 0.625 715.74 156.24 049-046-055 0.625 715.74 156.24 049-046-056 0.625 715.74 156.24 049-046-057 0.625 715.74 156.24 049-046-058 0.625 715.74 156.24 049-046-059 0.625 715.74 156.24 049-046-060 0.625 715.74 156.24 049-046-061 0.625 715.74 156.24 Totals 63.5 72,719.57$15,874.40$ (1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls. Landscaping and Lighting District No. 03 (De Anza Estates) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-2 DATE: 06/10/14 ATTACHMENT: 6 ITEM NUMBER: B-3 DATE: 06/10/14 Atascadero City Council Staff Report – Administrative Services Department Woodridge (Las Lomas) Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2014/2015; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2014/2015 for Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas); and, 3. Adopt Draft Resolution C approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 02 – Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2014/2015; and 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2014/2015 for Landscaping and Lighting District No. 02 – Woodridge (Las Lomas.) DISCUSSION: The City Council formed and began assessing Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas) in 2005. This district was formed to provide funding for future routine maintenance of the streets, storm drains and sidewalks in the Woodridge (Las Lomas) subdivision. The City Council also formed and began assessing Landscap ing and Lighting Maintenance District No. 02 – Woodridge (Las Lomas) 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 (Las Lomas) subdivision. ITEM NUMBER: B-3 DATE: 06/10/14 The Woodridge subdivision is now known as Las Lomas. The Assessment Districts were formed and named when the area was known as the Woodridge development. All references to Woodridge are now understood to mean the development known as Las Lomas. NBS, an independent financial consultant, was hired to prepare the Engineer’s Reports for the two districts. The Engineer’s Reports and the levies must be approved by Council annually. This is done in a two-step process. Last month, three resolutions for each district (a total of 6 resolutions in all) were passed to begin the process of continuing the levies. At that time, the Engineer’s Reports were preliminarily approved, proceedings were initiated for the levy, and the date of tonight’s public hearing was established. The resolutions that are before you tonight are for the final approval of the Engineer’s Reports and for the approval of the annual levies. The proposed assessments for fiscal year 2014/2015 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 by 3.0% this year for both districts. The Landscape and Lighting District has a surplus fund balance, so the City staff held a neighborhood meeting to receive input from property owners as to the preference on how to treat the surplus. The property owners in attendance were interested in using the bulk of the surplus fund balance during the 2014/2015 fiscal year in lieu of a levy. In prior years, the neighborhood had requested to use their excess fund balance at a more gradual pace. In order to accommodate the wishes of the property owner s, a minimal levy is proposed for fiscal year 2014/2015. This minimal levy provides two benefits: 1) it gives a one -time reduction in levy costs as requested by the residents, and 2) it provides consistent documentation and transparency on the property tax bills of the existing levy obligations. The levy proposed for the Street and Strom Drain District is minimal as well. As the amounts of the both levies are artificially low for this year only, they are expected to increase significantly for fiscal year 2015/2016. Atascadero Landscaping and Lighting Maintenance District No. 02 Las Lomas 1,616.34$ 50.00$ District Amount Per EBU Maximum Assessment Fiscal Year 2014-15 Amount Per EBU Proposed Assessment Fiscal Year 2014-15 Atascadero Street and Storm Drain Maintenance District No. 02 Las Lomas 650.89$ 52.00$ ITEM NUMBER: B-3 DATE: 06/10/14 FISCAL IMPACT: Annual assessments for 2014/2015 will total $12,103 for road/drainage system maintenance and $11,638 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Woodridge (Las Lomas). ATTACHMENTS: 1. Draft Resolution A - approving the final Engineer’s Report regarding the Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2014/2015; 2. Draft Resolution B - ordering the levy and collection of assessments for fiscal year 2014/2015 for Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas); 3. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2014/2015 assessments for Street and Storm Drain Maintenance District No. 02 – Woodridge (Las Lomas); 4. Draft Resolution C - approving the final Engineer’s Report regarding the Landscaping and Lighting District No. 02 – Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2014/2015; 5. Draft Resolution D - ordering the levy and collection of assessments for fiscal year 2014/2015 for Landscaping and Lighting District No. 02 – Woodridge (Las Lomas); and 6. Engineer’s Annual Levy Report- for the levy and collection of fiscal year 2014/2015 assessments for Landscaping and Lighting District No. 02 – Woodridge (Las Lomas) ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (WOODRIDGE), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2014/2015 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as “City Council”), pursuant to the provisions the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”), did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with the Act in connection with Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the “District”) and the proposed levy and collection of assessments related thereto for fiscal year 2014/2015, said fiscal year starting July 1, 2014 and ending June 30, 2015; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for Street and Storm Drain Maintenance District No. 02 (Woodridge), Fiscal Year 2014/2015” (hereafter referred to as “Engineer’s Report”) in accordance with the Act; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment. c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and the assessment for fiscal year 2014/2015. SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 2 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2014/2015 FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings to levy special benefit assessments against parcels of land within Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2014 and ending June 30, 2015; pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the “Act”) to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2014 and ending June 30, 2015, to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and, WHEREAS, the City Council conducted in May 2005 a property owner protest ballot proceeding for the District assessments proposed to be levied and majority protest of the assessments described in the Engineer’s Report did not exist pursuant to the provisions of the California State Constitution Article XIIID. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection therewith; the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 2 SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The District includes the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street right-of-way improvements and storm drain facilities within the District and the appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Street and Storm Drain Maintenance District No. 02 (Woodridge), and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the establishment of the maximum assessment rate described in the Engineer’s Report and the levy of assessments for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Section 54718 of the Act, upon adoption of this Resolution. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 2 On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Street and Storm Drain Maintenance District No. 02 (Las Lomas) City of Atascadero Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 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 Brian Sturtevant, Mayor Pro Tem Bob Kelley, Council Member Heather Moreno, Council Member Roberta Fonzi, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Russell Thompson, Public Works Director, Engineer Cindy Chavez,Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo,Senior Consultant ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No. 02 Las Lomas (Woodridge)Engineer’s Report –City of AtascaderoTable of Contents Prepared by NBS –Fiscal Year 2014/15 TABLE OF CONTENTS 1.ENGINEER’S LETTER 1-1 2.EXECUTIVE SUMMARY 2-1 3.PLANS AND SPECIFICATIONS 3-1 A.BENEFITING PROPERTIES WITHIN THE DISTRICT .................................3-1 B.FUNDING AUTHORIZED BY THE 1982 ACT ...............................................3-1 C.DESCRIPTION OF IMPROVEMENTS AND SERVICES ..............................3-1 4.ESTIMATE OF COSTS 4-1 5.METHOD OF ASSESSMENT 5-1 A.GENERAL ....................................................................................................5-1 B.BENEFIT ANALYSIS ....................................................................................5-1 C.ASSESSMENT METHODOLOGY ................................................................5-2 D.ASSESSMENT RANGE FORMULA .............................................................5-5 6.ASSESSMENT DIAGRAM 6-1 7.ASSESSMENT ROLL 7-1 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 1-1 Prepared by NBS –Fiscal Year 2014/15 1.ENGINEER’S LETT ER 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 13, 2014, 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 2014/15: FY 2014/15 Summary of Assessment Description Amount Estimated Annual Costs $11,110 Capital Reserve Collection/(Uses)24,971 Levy Adjustments (23,978) Balance to Levy $12,103 Fiscal Year 2014/15 Maximum Rate $650.89 Fiscal Year 2014/15 Proposed Applied Rate $52.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1982 Act. NBS ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 2-1 Prepared by NBS –Fiscal Year 2014/15 2.EXECUTIVE SUMMARY Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the “1982 Act”),and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the “California Constitution”),the City Council of the City of Atascadero, County of San Luis Obispo,State of California (hereafter referred to as “City”),proposed to form and levy special benefit assessments for the district designated as: Street and Storm Drain Maintenance District No. 0 2 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 2014/15. The City Council formed the District,and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the street and storm drain improvements and facilities associated with and resulting from the development of properties within the District.The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution. This Report describes the District,the improvements,and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements and facilities.The annual assessments described herein will provide a funding source for the continued operation and maintenance of streets, storm drain system and appurtenant facilities installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the development of properties within the District and represent an estimate of the direct expenditures,incidental expenses,and fund balances that will be necessary to maintain and service the streets and storm drain system that provides special benefits to properties within the District.The structure of the District (organization), the improvements,the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2525-1; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office.The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District’s formation,the City conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4.In conjunction with this ballot proceeding,the City Council conducted a noticed public hearing to consider public testimonies,comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing,property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts),and by resolution the City Council confirmed the results of the ballot tabulation.The tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein;therefore,the City Council approved the Report (as submitted or amended),ordered the formation of the District, and approved the levy and collection of assessments.The assessments for fiscal year 2005/2006 were ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 2-2 Prepared by NBS –Fiscal Year 2014/15 submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year,a Report shall be prepared and presented to the City Council describing any changes to the improvements, proposed services, the annual budget or assessments for that fiscal year and the City Council may hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 3-1 Prepared by NBS –Fiscal Year 2014/15 3.PLANS AND SPECIFICAT IONS A.BENEFITING PROPERTIES WITHIN THE DISTRICT The territory within the District consists of the lots,parcels and subdivisions of land within the proposed residential subdivision known as the Las Lomas (Woodridge), Tract 2525-1,which encompasses an area of land totaling approximately one hundred twenty-two acres (121.65 acres). This residential subdivision is planned to include one hundred forty-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 B.FUNDING AUTHORIZED BY THE 1982 ACT As generally defined by the Benefit Assessment Act of 1982 and applicable to this District,the City may impose a benefit assessment to finance the maintenance and operation costs of the following services: 1)Drainage and Flood Control; 2)Streets and Roads. In addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements,the City may also authorize an assessment or utilize existing assessment revenues to finance the installation, construction or replacement of drainage and flood control facilities as well as the street and road improvements (with some limitations).While such activities are permitted under the 1982 Act,the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages,the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments would not be reasonable.If such funding becomes necessary,the City may present a new or increased assessment to the property owners to support the projects. C.DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to fund the activities necessary to maintain and service the local streets and the drainage and flood control systems constructed and installed in connection with development of properties within the residential subdivision known as Las Lomas (Woodridge),Tract 2525-1 pursuant to approved development plans and agreements.The improvements may consist of all or a portion of the public streets, drainage and flood control facilities associated with Tract 2525-1 and the maintenance of these improvements may include but are not limited to the materials,equipment,labor,and incidental expenses deemed necessary to keep these improvements in satisfactory condition.The maintenance of the improvements and related activities shall be funded entirely or partially through the District assessments.Not all improvements have been fully accepted by the City. It is anticipated that will occur within the next fiscal year at which time the costs of maintenance for those improvements will be charged to the district.The District improvements and services are generally described as: ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 3-2 Prepared by NBS –Fiscal Year 2014/15 Street maintenance that may include but is not limited to the repair and servicing of street surfaces, curbs, gutters, bridges, driveway approaches, sidewalks,barricades,delineation,signage or other facilities within the public street right-of-ways installed in connection with the development of properties in Tract 2525-1 and that have been dedicated to the City; Storm drain and flood control maintenance that may include but is not limited to inspection, repair and servicing of drainage basins, inlets, catch basins,manholes,outlets,drywells, pumps, filters and storm drain pipes installed in connection with the development of properties of Tract 2525-1 as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties including waste water treatment; The appurtenant,equipment,materials and service contracts related to the aforementioned improvements and facilities; Specifically excluded are those improvements or facilities:located on private property or common areas;that may be provided or maintained by an agency other than the City;that may be provided by another assessment or tax levied by the City; or that may be provided and maintained by a Homeowner’s Association or similar entity. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report.Those portions of the District improvements that may be identified as general benefit or will be funded in whole or in part by other revenue sources as part of the approved development agreements,will not be included as part of the District assessments.The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received. Street Maintenance The street maintenance program may include,but is not limited to:the repair of potholes,cracks or other failures in the asphalt surface;repair or replacement of curbs,gutters,driveway approaches and sidewalks as required as part of maintaining the streets;repair or installation of street signs,barricades,fencing or other delineation;mechanized sweeping and cleaning of the streets and gutters;slurry sealing,overlays and re- striping of the street surfaces.The specific activities and timing of various street and road maintenance services shall be determined by the City’s Public Works Department as necessary to extend the life of the streets or to improve traffic circulation and safety as available funding permits.Specifically the street improvements for this District are identified as: Approximately 290,610 square feet of asphalt street surface located on the various interior streets identified as Calle Milano, Eliano Street, Via Cielo, Avion Road, Alcotan Lane, and Azor Lane; Approximately 13,750 linear feet of curb and gutter along Calle Milano, Eliano Street, Via Cielo, Avion Road, Alcotan Lane, and Azor Lane; Approximately 1,480 linear feet of curb and gutter in and around the median islands on Calle Milano and at Via Cielo; Approximately 145 driveway approaches,45,264 square feet of sidewalks and various street signs within the District; Specifically not included as part of the street maintenance program are the costs associated with major replacements or reconstruction. Although the District assessments will provide funding for regular maintenance and servicing of the improvements that will extend the useful life of the street improvements,the assessments are not intended to fund major replacements or reconstruction of ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 3-3 Prepared by NBS –Fiscal Year 2014/15 the street surfaces or adjacent improvements such as curbs,gutters or driveway approaches.The costs of extensive replacement or reconstruction activities such as grinding and resurfacing of the asphalt;and replacement of curbs, gutters driveway approaches and sidewalks is significantly more than the amount that can reasonably be collected annually under the provisions of the 1982 Act. When such repairs or activities are deemed necessary, the City will consider various financing options including new or increased assessments for property owner approval. The Public Works Department shall authorize the operational activities and maintenance of the public street and right-of-way improvements,facilities and services that may include,but are not limited to: Regular street sweeping services necessary to control dirt and debris on street surfaces and gutters; Annual inspection of street surface and repair of potholes and surface cracks as needed; Periodic slurry or overly of street surfaces and driveway approaches (typically one or the other once every five years); Periodic re-striping of traffic lanes,bike lanes,street parking areas, crosswalks and intersections (typically in conjunction with slurry or overly activities); Graffiti abatement of public improvements within the street right-of-ways that are maintained by the District including but not limited to sandblasting, repainting and repair of fences,walls, barricades,sidewalks and signage as needed; Annual inspection and periodic repair or replacement of decorative street-pavers as needed; Annual inspection and minor repairs of curbs,gutters,driveway approaches and sidewalks including partial segment replacements as needed to ensure pedestrian and vehicle safety or the integrity of the street; Annual inspection and periodic repair or rehabilitation of street signs and traffic control devices; Annual inspection and repair of barricades,street-fencing,delineation or retaining walls within the street right-of-ways as needed. A portion of the services described above are not performed on an annual basis but rather on a periodic basis,such as slurry sealing or overlaying the asphalt streets,and the funds necessary for these activities are collected in installments as part of the annual assessments.The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund).The monies accumulated for these activities shall be spent when sufficient funds have been accumulated to perform the services deemed necessary by the City (approximately every five years).This process of accumulating funds (installments)shall continue until such time the District is dissolved;or the City determines that such funding procedures require modification.Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. Storm Drain and Flood Control Maintenance The storm drain and flood control system associated with the District may include but is not limited to: drainage basins and bio-filters;channel ways;storm drain inlets,catch basins,manholes,outlets;drywells, pumps,filters and pipes. The storm drain system to be maintained primarily involves on-site facilities (within the District boundaries)but may also include off-site improvements such as water treatment equipment, facilities or services mandated or required by Federal,State or County regulations for water pollution control. The annual assessments for this District are intended to support a storm drain and flood control ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 3-4 Prepared by NBS –Fiscal Year 2014/15 maintenance program that will adequately regulate and control storm water runoff resulting from the development of properties within the District.This maintenance program may include but is not limited to: inspection and documentation of the system;cleaning,servicing or repair of the facilities and equipment;and the partial replacement or rehabilitation of equipment and facilities.The storm drain and flood control system includes but is not limited to: Approximately 175,550 square feet of drainage basin area; Twenty-four (24)inlets,outlets and manholes located throughout Tract 2525-1; Approximately 4,965 linear feet of storm drain pipe ranging from 18 inches to 36 inches in diameter. The Public Works Department shall authorize and schedule the operational activities and maintenance of the storm drain and storm water pollution treatment infrastructure,facilities and services that may include,but are not limited to: Cleaning of storm drain inlets,catch basins,manholes and pipes as needed; Stencil maintenance and documentation of facilities as required by Federal,State or County regulations; Cleaning and landscape maintenance of the drainage basins,bio-filter areas or channel ways as needed; Debris removal and pest control in and around the storm drain facilities as needed; Minor repairs and maintenance of the storm drain inlets,catch basins and outlets as needed; Street sweeping services necessary to control debris and water flow for the storm drain system; and, The operational costs related to NPDES compliance requirements. A portion of the services described above are not performed on an annual basis but rather on a periodic basis such as minor repairs to the storm drain inlets, catch basins and outlets,and the funds necessary for these activities are collected in installments as part of the annual assessments.The monies collected each year for these services will be accumulated in a special fund of the District (Reserve Fund or Capital Improvement Fund).The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City.This process of accumulating funds (installments)shall continue until such time the District is dissolved;or the City determines that such funding procedures require modification.Changes in the process of accumulating funds that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 4-1 Prepared by NBS –Fiscal Year 2014/15 4.ESTIMATE OF COSTS BUDGET FY 2014/15 DIRECT COSTS Street, Roads & Storm Drain Improvements Drainage Maintenance Services $1,200 Inspection & Operational Services -Roads, Drainage 5,920 Total Annual Direct Costs $7,120 ADMINISTRATION EXEPNSES City Annual Administration $1,220 Engineer's Report & Services 2,170 Public Noticing 600 Total Annual Administration Costs $3,990 TOTAL DIRECT & ADMINISTRATION COSTS $11,110 CAPITAL RESERVE COLLECTIONS/(USES) Collection for Street Surface Activities $13,067 Collection for Street Re -striping 68 Collection for Repair Activities: Curbs, Gutters, Approaches & Sidewalks 233 Collection for Debris Removal 239 Collection for Storm Drain Fencing 11,305 Collection for Storm Drain Infrastructur e 59 Total Annual Capital Reserve Collections/(Uses)$24,971 LEVY ADJUSTMENTS Interest Income -Improvement Fund $(2,041) Interest Income -Operating Reserve Fund (459) Improvement Fund (Use)- Operating Reserve Fund Collection (Use)(21,478) Total Levy Adjustments $(23,978) BALANCE TO LEVY $12,103 DISTRICT STATISTICS Total Parcels 190 Parcels Levied 182 Total EBU 232.75 Levy per EBU(1)$52.00 Maximum Levy per EBU $650.89 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $70,970 Operational Reserve Interest 459 Operational Reserve Collection (Use)$(21,530) Ending Operating Reserve Balance $49,951 Beginning Improvement Fund Balance $183,685 Improvement Fund Interest 2,041 Improvement Fund Collection (Use)24,971 Ending Improvement Fund Balance $210,697 (1) Levy per EBU rate does not include the County of San Luis Obispo fee of $2.00 per parcel. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 5-1 Prepared by NBS –Fiscal Year 2014/15 5.METHOD OF ASSESSMENT A.GENERAL The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance,operation and servicing of drainage and flood control improvements as well as streets, roads and appurtenant facilities.The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”. Furthermore: “The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may,by resolution,determine that the estimated cost of work authorized …is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution.The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided,to fairly apportion the costs based on the special benefits to each parcel. B.BENEFIT ANALYSIS Each of the proposed improvements and services,and the associated costs and assessments have been carefully reviewed,identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution.The street and storm drain improvements associated with this District were necessary and essential requirements for the orderly development of the properties within the District to their full potential,consistent with the development plans and applicable portions of the City General Plan.As such the ongoing operation,servicing and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner.Since each parcel to be assessed within the District could not have been developed in the absence of these improvements and facilities,each parcel has a direct investment in the proper maintenance of the improvements that is over and above any general benefits that may be conferred by such improvements and services. The ongoing maintenance and servicing of the District improvements is an integral part of the appearance,use and preservation of the properties within the District and such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels.The proper maintenance of streets and appurtenant facilities allows individual parcels to be used to their fullest extent by ensuring the safe and efficient movement of people and goods to and from the benefiting properties Likewise,the maintenance and servicing of the storm drain system ensures proper water flow and control of excess water during periods of rain,which is essential to preservation and protection of private property.Together the maintenance and servicing of the streets and storm drain system contributes to a specific enhancement of each of the parcels within the District and the absence of adequate maintenance and servicing of the District improvements could eventually have a negative impact on properties within the District. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 5-2 Prepared by NBS –Fiscal Year 2014/15 Although the improvements may include public streets and storm drain facilities that connect to similar facilities outside the District boundaries,it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District.As such,these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental.Therefore,it has been determined that the ongoing maintenance, servicing and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large,but clearly provide distinct and special benefits to properties within the District.Any improvement or portion thereof (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However,the costs associated with installation or improvement of any off-site facilities that benefit the parcels within this District as well as other properties (shared benefit)may be allocated to the parcels within the District based on their proportional special benefit from such improvements. C.ASSESSMENT METHODOLOGY The costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally,in compliance with the California Constitution Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel.The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. The method of apportionment established for this District and described herein,reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District based on similarities and differences in parcel land use. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District.The method of apportionment established for most districts formed under the 1982 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit (EBU)methodology that uses the single-family home site as the basic unit of assessment.A single-family home site equals one Equivalent Benefit Unit (EBU) and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status,type of development (land use),and size of the property,as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use),this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses.Not all land use types described in the following are necessarily applicable to the development of properties within this District,but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. EBU Application by Land Use: Single-family Residential —This land use is defined as a fully subdivided residential home site with or without a structure.This land use is assessed 1.0 EBU per lot or parcel.This is the base value that the other properties are compared and weighted against (i.e. Equivalent Benefit Unit “EBU”). Multi-family Residential —This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property.(This land use typically includes apartments, duplexes, triplex etc., but does not generally include condominiums,town-homes or mobilehome parks). ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 5-3 Prepared by NBS –Fiscal Year 2014/15 Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential, it would not be reasonable to conclude that on a per unit basis,the benefits are equal.Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition;Metcalf and Eddy,Wastewater Engineering Treatment, Disposal, Reuse, Third Edition).These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi- family residential units and a similar reduction in proportional benefit is appropriate. Furthermore,it is also reasonable to conclude that as the density (number of units)increases,the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, an appropriate allocation of special benefit for multi-family residential properties as compared to a single-family residential property is best represented by the following special benefit assignment:0.75 EBU per unit for the first 50 units;0.50 EBU per unit for units 51 through 100;and 0.25 EBU per unit for the remaining units. Condominium/Town-home Units —Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally,the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties in that they are generally zoned medium to high density and in some cases may involve multiple units on a single APN.In consideration of these factors it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustment for parcels with more than five units). Planned-Residential Development —This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified)and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification often times involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map.Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. (The EBU assigned to each parcel shall represent the combination of single-family, condominium,multi-family units to be developed). Vacant Residential —This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved.Based upon the opinions of professional appraisers who appraise market property values for real estate in California,the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Although the assessed value of an individual property is not a direct reflection of the property’s special benefit,this general correlation between land value and structure value does provide a reasonable basis for apportioning special benefit for vacant residential properties. Utilizing this twenty-five percent (25%) apportionment and the number of single- family residential units typically developed per acre of land (an average of 4 residential units per acre)an Equivalent Benefit Unit of 1.0 EBU per acre (4 units per acre x 25%)is derived and presents an appropriate apportionment of special benefit for vacant residential properties.Recognizing that the full and timely utilization of vacant property is reduced as the size of the property increases,it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU). Parcels less than one acre, shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 5-4 Prepared by NBS –Fiscal Year 2014/15 Exempt Parcels —This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include but is not limited to: Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); Dedicated public easements including open space areas,utility rights-of-way, greenbelts, parkways, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.; Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels current development status.Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. Special Cases —In many districts where multiple land use classifications are involved,there are usually one or more properties for which the standard land use classifications do not accurately identify the special benef its received from the improvements.For example,a parcel may be identified as a Vacant Residential property,however only a small percentage of the parcel’s total acreage can actually be developed. In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units = Parcel EBU The total number of Equivalent Benefit Units (EBU’s)is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements.An assessment amount per EBU (Assessment Rate)for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements.This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 5-5 Prepared by NBS –Fiscal Year 2014/15 Total Balance to Levy /Total EBU =Levy per EBU Levy per EBU x Parcel EBU = Parcel Levy Amount D.ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law.Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID),legislative changes in the Brown Act defined a "new or increased assessment"to exclude certain conditions.These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed."This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures,which could add to the District costs and assessments.As part of the District formation,the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to the future assessments and is generally defined: If the proposed annual assessment (levy per EBU)for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate,then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment Rate is equal to the (Initial)Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of,three percent (3%)or the annual percentage change in the Consumer Price Index (CPI)of “All Urban Consumers”for the San Francisco-Oakland- San Jose Area from February to February. Beginning with fiscal year 2006/2007 and each fiscal year thereafter,the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above.The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment.The annual percentage change in CPI shall be based on available data provided by the U.S.Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index,the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU)less than or equal to the calculated (adjusted)Maximum Assessment Rate is not considered an increased assessment,even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year.Likewise,modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment.Conversely, reductions in the proportional special benefit assigned to a land use classifications is permitted.Changes in land use or size of an individual property resulting in an assessment increase,is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula,the City must comply with the provisions of the California Constitution Article XIIID Section 4c,that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting.Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 6-1 Prepared by NBS –Fiscal Year 2014/15 6.ASSESSMENT DIAGRAM The parcels within the Street and Storm Drain Maintenance District No.02 Las Lomas (Woodridge)consist of the lots,parcels and subdivisions of land located in the residential development known as Las Lomas (Woodridge),Tract 2525-1.The District covers approximately one hundred twenty-two acres (121.65 acres)in the southeast portion of the City of Atascadero. The following District Diagram is based on 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 this map and the Assessment Roll contained in this Report constitute the District Assessment Diagram. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 ASSESSMENT DIAGRAM FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 2 LAS LOMAS (WOODRIDGE) CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA 2011/2012 Storm Drain Maintenance District No. 2 Page 19 of 24 ITEM NUMBER: B-3DATE: 06/10/14ATTACHMENT: 3 Street & Storm Drain District No.02 Las Lomas (Woodridge)Engineer’s Report –City of Atascadero 7-1 Prepared by NBS –Fiscal Year 2014/15 7.ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared.A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include,but are not limited to public streets and other roadways (typically not assigned an APN by the County);dedicated public easements,open space areas,right-of-ways,common areas;landlocked parcels, small parcels vacated by the County,bifurcated lots,and any other property that can not be developed or has little or no value.These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller.The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore,if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment: ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 045-311-006 0 -$-$ 045-311-007 0 -- 045-311-008 0 -- 045-311-009 0 -- 045-311-010 1 650.89 52.00 045-311-013 0 -- 045-311-014 17.77 11,566.32 924.04 045-311-015 24.83 16,161.60 1,291.16 045-311-016 19.90 12,952.71 1,034.80 045-312-001 1 650.89 52.00 045-312-002 1 650.89 52.00 045-312-003 1 650.89 52.00 045-312-004 1 650.89 52.00 045-312-005 1 650.89 52.00 045-312-006 1 650.89 52.00 045-312-007 1 650.89 52.00 045-312-008 1 650.89 52.00 045-312-009 1 650.89 52.00 045-312-010 1 650.89 52.00 045-312-011 1 650.89 52.00 045-312-012 1 650.89 52.00 045-312-013 1 650.89 52.00 045-312-014 1 650.89 52.00 045-312-015 1 650.89 52.00 045-312-016 1 650.89 52.00 045-312-017 1 650.89 52.00 045-312-018 1 650.89 52.00 045-312-019 1 650.89 52.00 045-312-020 1 650.89 52.00 045-312-021 1 650.89 52.00 045-312-022 1 650.89 52.00 045-312-023 1 650.89 52.00 045-312-024 1 650.89 52.00 045-312-025 1 650.89 52.00 045-312-026 1 650.89 52.00 045-312-027 1 650.89 52.00 045-312-028 1 650.89 52.00 045-312-029 1 650.89 52.00 045-312-030 1 650.89 52.00 045-312-031 1 650.89 52.00 045-312-032 1 650.89 52.00 045-312-033 1 650.89 52.00 045-312-034 1 650.89 52.00 045-312-035 1 650.89 52.00 045-312-036 1 650.89 52.00 045-312-037 1 650.89 52.00 045-312-038 1 650.89 52.00 045-312-039 1 650.89 52.00 CITY OF ATASCADERO Street and Storm Drain Maintenance District No. 02 Las Lomas (Woodridge) Fiscal Year 2014/2015 Assessment Roll Street and Storm Drain Maintenance District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 045-312-040 1 650.89 52.00 045-312-041 1 650.89 52.00 045-312-042 1 650.89 52.00 045-312-043 1 650.89 52.00 045-312-044 1 650.89 52.00 045-312-045 1 650.89 52.00 045-312-046 1 650.89 52.00 045-312-047 1 650.89 52.00 045-312-048 1 650.89 52.00 045-312-049 1 650.89 52.00 045-312-050 1 650.89 52.00 045-312-051 1 650.89 52.00 045-312-052 1 650.89 52.00 045-312-053 1 650.89 52.00 045-312-054 1 650.89 52.00 045-312-055 1 650.89 52.00 045-312-056 1 650.89 52.00 045-313-001 1 650.89 52.00 045-313-002 1 650.89 52.00 045-313-003 1 650.89 52.00 045-313-004 1 650.89 52.00 045-313-005 1 650.89 52.00 045-313-006 1 650.89 52.00 045-313-007 1 650.89 52.00 045-313-008 1 650.89 52.00 045-313-009 1 650.89 52.00 045-313-010 1 650.89 52.00 045-313-011 1 650.89 52.00 045-313-012 1 650.89 52.00 045-313-013 1 650.89 52.00 045-313-014 1 650.89 52.00 045-313-015 1 650.89 52.00 045-313-016 1 650.89 52.00 045-313-017 1 650.89 52.00 045-313-018 1 650.89 52.00 045-313-019 1 650.89 52.00 045-313-020 1 650.89 52.00 045-313-021 1 650.89 52.00 045-314-001 1 650.89 52.00 045-314-002 1 650.89 52.00 045-314-003 1 650.89 52.00 045-314-004 1 650.89 52.00 045-314-005 1 650.89 52.00 045-314-006 1 650.89 52.00 045-314-007 1 650.89 52.00 045-314-008 1 650.89 52.00 045-314-009 1 650.89 52.00 045-314-010 1 650.89 52.00 045-314-011 1 650.89 52.00 045-314-012 1 650.89 52.00 045-314-013 1 650.89 52.00 045-314-014 1 650.89 52.00 045-314-015 1 650.89 52.00 Street and Storm Drain Maintenance District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 045-314-016 1 650.89 52.00 045-314-017 1 650.89 52.00 045-314-018 1 650.89 52.00 045-314-019 1 650.89 52.00 045-314-020 1 650.89 52.00 045-314-021 1 650.89 52.00 045-314-022 1 650.89 52.00 045-314-023 1 650.89 52.00 045-314-024 1 650.89 52.00 045-314-025 1 650.89 52.00 045-314-026 1 650.89 52.00 045-314-027 1 650.89 52.00 045-314-028 1 650.89 52.00 045-314-029 1 650.89 52.00 045-314-030 1 650.89 52.00 045-314-031 1 650.89 52.00 045-314-032 1 650.89 52.00 045-314-033 1 650.89 52.00 045-315-001 1 650.89 52.00 045-315-002 1 650.89 52.00 045-315-003 1 650.89 52.00 045-315-004 1 650.89 52.00 045-315-005 1 650.89 52.00 045-315-006 1 650.89 52.00 045-315-007 1 650.89 52.00 045-315-008 1 650.89 52.00 045-315-009 1 650.89 52.00 045-315-010 1 650.89 52.00 045-315-011 1 650.89 52.00 045-315-012 1 650.89 52.00 045-315-013 1 650.89 52.00 045-315-014 1 650.89 52.00 045-315-015 1 650.89 52.00 045-315-016 1 650.89 52.00 045-315-017 1 650.89 52.00 045-315-018 1 650.89 52.00 045-315-019 1 650.89 52.00 045-315-020 1 650.89 52.00 045-315-021 1 650.89 52.00 045-315-022 1 650.89 52.00 045-315-023 1 650.89 52.00 045-315-024 1 650.89 52.00 045-315-025 1 650.89 52.00 045-315-026 1 650.89 52.00 045-315-027 1 650.89 52.00 045-315-028 1 650.89 52.00 045-315-029 1 650.89 52.00 045-315-030 1 650.89 52.00 045-315-031 1 650.89 52.00 045-315-032 1 650.89 52.00 045-315-033 1 650.89 52.00 045-316-001 0 -- 045-316-002 0 -- Street and Storm Drain Maintenance District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 045-316-003 0 -- 045-316-004 0.75 488.17 39.00 045-316-005 0.75 488.17 39.00 045-316-006 0.75 488.17 39.00 045-316-007 0.75 488.17 39.00 045-316-008 0.75 488.17 39.00 045-316-009 0.75 488.17 39.00 045-316-010 0.75 488.17 39.00 045-316-011 0.75 488.17 39.00 045-316-012 0.75 488.17 39.00 045-316-013 0.75 488.17 39.00 045-316-014 0.75 488.17 39.00 045-316-015 0.75 488.17 39.00 045-316-016 0.75 488.17 39.00 045-316-017 0.75 488.17 39.00 045-316-018 0.75 488.17 39.00 045-316-019 0.75 488.17 39.00 045-316-020 0.75 488.17 39.00 045-316-021 0.75 488.17 39.00 045-316-022 0.75 488.17 39.00 045-316-023 0.75 488.17 39.00 045-316-024 0.75 488.17 39.00 045-316-025 0.75 488.17 39.00 045-316-026 0.75 488.17 39.00 045-316-027 0.75 488.17 39.00 045-316-028 0.75 488.17 39.00 045-316-029 0.75 488.17 39.00 045-316-030 0.75 488.17 39.00 045-316-031 0.75 488.17 39.00 045-316-032 0.75 488.17 39.00 045-316-033 0.75 488.17 39.00 045-316-034 0.75 488.17 39.00 045-316-035 0.75 488.17 39.00 045-316-036 0.75 488.17 39.00 045-316-037 0.75 488.17 39.00 045-316-038 0.75 488.17 39.00 Totals 232.75 151,494.65$12,103.00$ (1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls. Street and Storm Drain Maintenance District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 3 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 4 DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE FINAL ENGINEER’S REPORT REGARDING THE LANDSCAPING AND LIGHTING DISTRICT NO. 02 (WOODRIDGE); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO IN FISCAL YEAR 2014/2015 WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as the “City Council”), pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, NBS, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500, in connection with the proposed levy for Landscaping and Lighting District No. 02 (Woodridge) (hereafter referred to as the “District”) and the collection of assessments related thereto for the fiscal year starting July 1, 2014 and ending June 30, 2015; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report for the Landscaping and Lighting District No. 02 (Woodridge), Fiscal Year 2014/2015” (hereafter referred to as the “Engineer’s Report”) in accordance with the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and, WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer’s Report as presented, consists of the following: a) Plans and specifications that describe the District and Improvements. b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel’s proportional special benefit assessment as well as a description of the assessment range formula that establishes the maximum assessment rate in subsequent fiscal years. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 4 c) The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act to operate the District. d) An Assessment Diagram that identifies the boundaries of the District. e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and annual assessment for fiscal year 2014/2015. SECTION 3. The Engineer’s Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer’s Report. On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 5 DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2014/2015 FOR LANDSCAPING AND LIGHTING DISTRICT NO. 02 (WOODRIDGE) WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as City Council) has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Landscaping and Lighting District No. 02 (Woodridge) (hereafter referred to as the “District”) for fiscal year 2014/2015, said fiscal year commencing July 1, 2014 and ending June 30, 2015; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting and appurtenant facilities related thereto; and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Report in connection with the proposed levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer’s Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2014 and ending June 30, 2015, to pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping, street lighting, and appurtenant facilities related thereto; and, WHEREAS, the City and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIIID of the California State Constitution; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer’s Report prepared in connection with the levy and collection of assessments, and considered the oral and written statements, protests and communications made or filed by interested persons. SECTION 2. Based upon its review of the Engineer’s Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 5 a) The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but is not limited to local street lights, landscaping, parks and open space areas within the District and appurtenant facilities related thereto. SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City. SECTION 5. The City shall deposit the money representing assessments collected by the County for the District to the credit of a fund for the Landscaping and Lighting District No. 02 (Woodridge), and such money shall be expended for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2014 and ending June 30, 2015. SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the levy with the County Auditor, per Sections 22645-22647 of the Act, upon adoption of this Resolution. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 5 On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Annual Engineer’s Report Landscaping and Lighting District No. 02 (Las Lomas) City of Atascadero Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 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 Brian Sturtevant, Mayor Pro Tem Bob Kelley, Council Member Heather Moreno, Council Member Roberta Fonzi, Council Member AGENCY STAFF Rachelle Rickard, City Manager Jeri Rangel, Administrative Services Director Russell Thompson, Public Works Director, Engineer Cindy Chavez,Deputy Director of Administrative Services NBS Danielle Wood, Client Services Director Adina McCargo,Senior Consultant ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.02 Las Lomas(Woodridge)Engineer’s Report –City of AtascaderoTable of Contents Prepared by NBS –Fiscal Year 2014/15 TABLE OF CONTENTS 1.ENGINEER’S LETTER 1-1 2.EXECUTIVE SUMMARY 2-1 3.PLANS AND SPECIFICATIONS 3-1 A.DESCRIPTION OF THE DISTRICT..............................................................3-1 B.IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT ......3-1 C.DESCRIPTION OF IMPROVEMENTS AND SERVICES ..............................3-2 4.ESTIMATE OF COSTS 4-1 5.METHOD OF ASSESSMENT 5-1 A.GENERAL ....................................................................................................5-1 B.BENEFIT ANALYSIS ....................................................................................5-1 C.ASSESSMENT METHODOLOGY................................................................5-3 D.ASSESSMENT RANGE FORMULA .............................................................5-6 6.ASSESSMENT DIAGRAM 6-1 7.ASSESSMENT ROLL 7-1 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No.02 Las Lomas(Woodridge)Engineer’s Report –City of Atascadero 1-1 Prepared by NBS –Fiscal Year 2014/15 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 13, 2014, 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 2014/15: FY 2014/15 Budget Summary Description Total Costs Costs Not Assessed Proposed Assessment Total Benefit Units Maximum Rate Proposed Rate Per BU Annual Maintenance $100,037 $2,247 $97,790 Administration 4,240 0 4,240 Levy Adjustments (92,639)(2,247)(90,392) Total $11,638 $0 $11,638 232.75 $1,616.34 $50.00 I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Atascadero and the 1972 Act. NBS ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 2-1 Prepared by NBS –Fiscal Year 2014/15 2.EXECUTIVE SUMMARY Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as “Article XIIID”), the City Council of the City of Atascadero, County of San Luis Obispo, State of California (hereafter referred to as “City”), executed the proceedings required for the establishment of the special benefit assessment district designated as: Landscaping and Lighting District No. 02 Las Lomas (Woodridge) (hereafter referred to as the “District”), which includes the lots and parcels of land within the residential subdivision known as Las Lomas (Woodridge), Tract 2525-1 within the City limits of the City. This Engineer’s Report (hereafter referred to as the “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for fiscal year 2014/15, as required pursuant to Chapter 1, Article 4 of the 1972 Act. The City Council formed the District, and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the landscaping and lighting improvements associated with and resulting from the development of properties within the District. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provisions of Article XIIID. This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the special benefits the properties will receive from the maintenance and servicing of the District improvements. The annual assessments will provide a funding source for the continued operation and maintenance of public landscaping and lighting improvements installed in connection with the development of properties within the District. The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The boundaries of the District, the proposed improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Tract 2525-1; and by reference these plans and specifications are made part of this Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Luis Obispo County Assessor’s Office. The San Luis Obispo County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of the District formation, the City of Atascadero conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing on May 24, 2005 to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts), and by resolution the City Council confirmed the results of the ballot tabulation. Tabulation of the ballots indicated that majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council approved the Report (as submitted or amended), ordered the formation of the District, and approved the levy and collection of assessments. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 2-2 Prepared by NBS –Fiscal Year 2014/15 The assessments for fiscal year 2005/2006 were submitted to the San Luis Obispo County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, an Engineer’s Report shall be prepared and presented to the City Council describing the District any changes to the District or improvements and the proposed budget and assessments for that fiscal year and the City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 3-1 Prepared by NBS –Fiscal Year 2014/15 3.PLANS AND SPECIFICATIONS A.DESCRIPTION OF THE DISTRICT The territory within the District consists of the lots,parcels and subdivisions of land within the proposed residential subdivision known as the Las Lomas (Woodridge),T ract 2525-1,which encom passes an area of land totaling approximately one hundred twenty-two acres (121.65 acres). This residential subdivision is planned to include one hundred forty-four (144) single-family residential units; thirty-five (35) condominium/senior housing units; and a single one hundred (100) unit multi-family residential project at b uild-out. Due to parcel splits the multi -family residential project is spread over three parcels. The planned subdivision is situated in the southeast portion of the City of Atascadero and is generally located: South and east of Halcon Road; East of Highway 101 and El Camino Real South and west of the Southern Pacific Railroad Tracks; and North of Salinas Road and Santa Cruz Road B.IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT As generally defined by the 1972 Act and applicable to this District,the improvements and associated assessments may include one or more of the following: 1)The installation or planting of landscaping; 2)The installation or construction of statuary,f ountains,and other ornamental structures and facilities; 3)The installation or construction of public lighting f acilities including,but not lim ited to street lights and traffic signals; 4)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the m aintenance or servicing thereof; 5)The installation of park or recreational im provem ents,including,but not limited to,all of the following: a)Land preparation,such as grading,leveling,cutting and f illing,sod, landscaping, irrigation systems, sidewalks, and drainage. b)Lights,playground equipm ent,play courts,and public restrooms. 6)The acquisition of land f or park,recreational,or open-space purposes or any existing improvem ent otherwise authorized pursuant to this section. 7)The m aintenance or servicing,of any of the f oregoing including the f urnishing of services and m aterials f or the ordinary and usual m aintenance,operation,and servicing of any improvem ent including but not limited to: a)Repair,removal,or replacement of all or any part of any im provem ents; b)Grading,clearing,rem oval of debris,the installation or construction of curbs,gutters, walls,sidewalks,or paving,or water,irrigation, drainage,or electrical f acilities; c)Providing for the life,growth,health,and beauty of landscaping, including cultivation, irrigation,trimm ing,spraying,f ertilizing,or treating for disease or injury; d)T he rem oval of trimmings,rubbish,debris,and other solid waste; e)T he cleaning,sandblasting,and painting of walls and other improvements to rem ove or cover graff iti; ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 3-2 Prepared by NBS –Fiscal Year 2014/15 f)Electric current or energy,gas,or other illuminating agent for any public lighting f acilities or f or the lighting or operation of any other im provem ents; g)Water for the irrigation of any landscaping,the operation of any fountains,or the maintenance of any other improvements. 8)Incidental expenses associated with the i m provem ents including, but not li m ited to: a)The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b)The costs of printing,advertising,and the publishing,posting and mailing of notices; c)Compensation payable to the County for collection of assessments; d)Compensation of any engineer or attorney employed to render services; e)Any other expenses incidental to the construction,installation,or maintenance and servicing of the improvements; f)Costs associated with any elections held for the approval of a new or increased assessment. C.DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of this District is to ensure the ongoing maintenance,operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District.The improvements may consist of all or a portion of the public landscaped areas,street lighting and appurtenant facilities within and adjacent to the District (Tract 2525-1). These improvements generally include,but are not limited to the materials,equipment, utilities,labor,appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways,medians,slopes,trails,park areas, drainage basins,open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District.The improvements to be maintained and funded entirely or partially through the District assessments are generally described as: Streetscape landscaping including street trees located on the perimeter of the development and interior streets of Tract 2525-1 that are within the public right-of-ways or easements and dedicated to the City for maintenance; Open space areas and fuel modif ication areas within or adjacent to the District boundaries; Park areas,recreational equipm ent,trails and landscaped drainage facilities developed and constructed as part of developing properties within Tract 2525-1; Public lighting facilities including street lighting,saf ety lighting and ornamental lighting installed as part of the residential development or landscaped improvement areas; Appurtenant f acilities,equipment,m aterials and utilities related to the aforementioned improvements; Specifically not included as District im provem ents are those im provem ents located on private property,improvements and facilities that may be provided or maintained by an agency other than the City; improvements and facilities that m ay be provide by another assessment or tax levied by the City or any improvement provided and m aintained by a Homeowner’s Association or 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 W orks and by reference are made part of this Report.Those portions of the District improvements that may be identified as general ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 3-3 Prepared by NBS –Fiscal Year 2014/15 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 lights located within the various landscape improvement areas installed as part of the District’s landscape improvements. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 4-1 Prepared by NBS –Fiscal Year 2014/15 4.ESTIMATE OF COSTS BUDGET Total Budget Costs Not Assessed Fiscal Year 2014/15 DIRECT COSTS Annual Maintenance Landscape Services $56,060 $1,747 $54,313 Landscape Supplies 6,800 0 6,800 Landscape Utilities 5,030 250 4,780 City Landscape Services 670 0 670 Maintenance 6,910 0 6,910 Special Projects 10,000 0 10,000 Total Annual Direct Costs $85,470 $1,997 $83,473 CAPITAL EXPENDITURES Special Projects $5,000 $-$5,000 Total Annual Capital Expenditures $5,000 $-$5,000 ADMINISTRATION EXEPNSES Annual Administration Expenses City Annual Administration $730 $-$730 Engineer's Report & Services 2,810 -2,810 Public Noticing 700 -700 Total Annual Administration Costs $4,240 $-$4,240 TOTAL DIRECT & ADMINISTRATION COSTS $94,710 $1,997 $92,713 CAPITAL RESERVE COLLECTIONS/(USES) Landscape Rehabilitation/Replacement $3,128 $-$3,128 Median Rehabilitation/Replacement 138 -138 Open Space Rehabilitation/Replacement 1,000 250 750 Tree Rehabilitation/Replacement 5,806 -5,806 Slope Rehabilitation/Replacement 3,754 -3,754 Other Rehabilitation/Replacement 741 -741 Use of Reserves (5,000)-(5,000) Total Annual Capital Reserve Collections/(Uses)$9,567 $250 $9,317 LEVY ADJUSTMENTS Interest Income -Improvement Fund ($894)$-($894) Interest Income -Operating Reserve Fund (606)(34)(572) Operating Reserve Fund Collection (Use)(91,139)(2,213)(88,926) Total Levy Adjustments ($92,639)($2,247)($90,392) BALANCE TO LEVY $11,638 $0 $11,638 DISTRICT STATISTICS Total Parcels 190 Parcels Levied 182 Total EBU 232.75 Levy per EBU(1)50 Maximum Levy per EBU 1,616.34 FUND BALANCE INFORMATION Beginning Operating Reserve Balance $5,042 $133,844 Operational Reserve Interest 34 572 Operational Reserve Collection (Use)(2,247)(88,926) Estimated Ending Operating Reserve Balance $2,829 $45,490 Beginning Improvement Fund Balance $-$60,949 Improvement Fund Interest -$894 Improvement Fund Collection (Use)-9,567 Estimated Ending Improvement Fund Balance $71,410 (1) Levy per EBU rate does not include the County of San Luis Obisp o fee of $2.00 per parcel. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 5-1 Prepared by NBS –Fiscal Year 2014/15 5.METHOD OF ASSESSMENT A.GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements,which include the construction,maintenance,and servicing of public lights,landscaping and appurtenant facilities.The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of Article XIIID. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided,to fairly apportion the costs based on the special benefits to each parcel. B.BENEFIT ANALYSIS Each of the proposed improvements,the associated costs and assessments have been carefully reviewed,identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and Article XIIID. The improvements provided by this District and for which properties will be assessed have been identified as necessary,required and/or desired for the orderly development of the properties within the District to their full potential,consistent with the development plans and applicable portions of the City General Plan.As such,these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation,servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore,the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District.Any improvement or portion thereof that is considered to be of general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within the District. Special Benefit The method of apportionment (method of assessment)established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting and well- maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically: Enhanced desirability of properties through association with the improvements. Im proved aesthetic appeal of properties providing a positive representation of the area and properties. Enhanced adaptation of the urban environm ent within the natural environm ent from adequate green space and landscaping. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 5-2 Prepared by NBS –Fiscal Year 2014/15 Environmental enhancement through im proved erosion resistance,dust and debris control, and fire prevention. Increased sense of pride in ownership of property within the District resulting f rom well- maintained im provem ents associated with the properties. Enhanced quality of lif e through well-maintained green space and landscaped areas. Reduced crim inal activity and property-related crimes (especially vandalism )against properties in the District through well-maintained surroundings and am enities including abatement of graffiti. Enhanced environm ental quality of the parcels by m oderating temperatures,providing oxygenation and attenuating noise. The special benefits of street lighting and other public lighting facilities are the convenience,safety,and security of property,improvements,and goods.Specifically: Enhanced deterrence of crim e and the aid to police protection. Increased nighttim e safety on roads,streets and public areas. Im proved ability of pedestrians and motorists to see. Im proved ingress and egress to property. Reduced vandalism and other crim inal act and damage to im provem ents or property. Im proved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties.Furthermore,it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. General Benefit In reviewing each of the District improvements,the proximity of those improvements to both properties within the District and those outside the District as well as the reasons for installing and constructing such improvements,it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly effect the properties within the District.Although the improvements include public areas, easements,right-of-ways and other amenities available or visible to the public at large,the construction and installation of these improvements (except portions of the open space areas)were only necessary for the development of properties within the District and were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental.Therefore,it has been determined that the improvements and the ongoing maintenance,servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large,but clearly provide distinct and special benefits to properties within the District.With respect to the open space areas, these areas are an integral part of property development within the District and clearly provide a direct and special benefit those properties. However, it is also recognized that the majority of this open space area is located on the perimeter of the District and is directly accessible from surrounding properties and the public at large. Therefore it has been determined that up to twenty-five percent (25%) of the costs to maintain this area shall be allocated as general benefit and not assessed as part of the District’s special benefit assessments. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 5-3 Prepared by NBS –Fiscal Year 2014/15 C.ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of parcels within the District based on the parcel’s actual land use or proposed development. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel.Additionally,in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel.The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements. To identify and determine the special benefit to be received by each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the planned improvements as well as individual property development within the District.Upon review of the proposed improvements it has been determined that each of the residential parcels within the District receives special benefits from the improvements to be funded by annual assessments and based on the planned property development a single zone of benefit is appropriate for the allocation of the assessments and proportional benefit. Equivalent Benefit Units: To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within the District. The method of apportionment established for most districts formed under the 1972 Act utilizes a weighted method of apportionment known as an Equivalent Benefit Unit methodology that uses the single-family home site as the basic unit of assessment.A single-family home site equals one Equivalent Benefit Unit (EBU)and the other land uses are converted to a weighted EBU based on an assessment formula that equates the property’s specific development status,type of development (land use),and size of the property,as compared to a single-family home site. Although the Equivalent Benefit Unit method of apportioning special benefit is most commonly used and applied to districts that have a wide range of land use classifications (residential and non- residential use),this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses.Not all land use types described in the following are necessarily applicable to the development of properties within this District,but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District. Single-family Residential —This land use is defined as a f ully subdivided residential hom e site with or without a structure.T his land use is assessed 1.00 EBU per lot or parcel.This is the base value that the other properties are compared and weighted against regarding special benefit. Multi-family Residential —This land use is def ined as a fully subdivided residential parcel that has m ore than one residential unit developed on the property.(T his land use typically includes apartments,duplexes,triplex etc.,but does not generally include condominiums,town-homes or m obile hom e parks).Based on average population densities and size of the structure as com pared to a typical single-family residential unit,m ulti-f am ily residential parcels shall be proportionately assessed f or the parcel’s total num ber of residential units utilizing a sliding benef it scale.Although m ulti-f amily properties typically receive sim ilar benef its to that of a single-f am ily residential,it would not be reasonable to conclude that on a per unit basis,the benef its are equal.Studies have consistently shown that the average m ulti-f am ily unit im pacts inf rastructure approximately 75%as m uch as a single-f am ily residence (Sam ple Sources: Institute of T ransportation Engineers Inf orm ational Report Trip Generation, Fifth Edition;Metcalf and Eddy,W astewater Engineering ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 5-4 Prepared by NBS –Fiscal Year 2014/15 Treatm ent,Disposal,Reuse,Third Edition).T hese various studies indicate that m ost public im provem ents and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a sim ilar reduction in proportional benef it is appropriate.Furtherm ore,it is also reasonable to conclude that as the density (num ber of units)increases the proportional benef it 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 f ollowing special benef it assignm ent:0.75 EBU per unit f or the first 50 units; 0.50 EBU per unit for units 51 through 100;and 0.25 EBU per unit for rem aining units. Condominium/Town-home Units —Condom inium s and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identif ied as a separate land use classif ication. Like most single-f am ily residential properties,these properties are not usually considered rental property and generally,the County assigns each unit a separate APN or assessment num ber.However,condom inium s and town-hom es often have sim ilarities to m ulti-f amily residential properties in that they are generally zoned medium to high density and in som e cases m ay involve multiple units on a single APN. In consideration of these f actors it has been determined that an appropriate allocation of special benefit f or condom inium s,town-hom es and sim ilar residential properties is best represented by an assignm ent of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. (There is no adjustm ent for parcels with m ore than f ive units). Planned-Residential Development —T his land use is def ined as any property for which a tentative or final tract map has been filed and approved (a specific num ber of residential lots and units has been identified)and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and developm ent plan f or the District.T his land use classification often tim es involves more than a single parcel (e.g.the approved tract map encompasses m ore than a single APN).Each parcel that is part of the approved tract m ap shall be assessed proportionately f or the proposed or estim ated residential type and units to be developed on that parcel as part of the approved tract m ap.Accordingly,each parcel is assigned an appropriate number of benef it units that reflects the developm ent of that property at build-out.(T he EBU assigned to each parcel shall represent the combination of single-fam ily, condom inium ,m ulti-f am ily units to be developed). Vacant Residential —This land use is def ined as property currently zoned for residential developm ent,but a tentative or final tract m ap for the property has not yet been approved.Based upon the opinions of prof essional appraisers who appraise m arket property values f or real estate in California,the land value portion of a property typically ranges f rom 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 ref lection of the property’s special benef it,this general correlation between land value and structure value does provide a reasonable basis for apportioning special benef it 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 f ull and tim ely utilization of vacant property is reduced as the size of the property increases,it has been determ ined that the maxim um EBU assigned to a vacant residential parcel shall not exceed 25.00 EBU (parcels in excess of 25 acres are assigned 25.00 EBU).Parcels less than one acre,shall be assigned a m inim um of 1.00 EBU (similar to a vacant lot within a residential tract). Exempt Parcels —T his land use identif ies properties that are not assessed and are assigned 0.00 EBU.This land use classification m ay include but is not lim ited to: Lots or parcels identif ied as public streets and other roadways (typically not assigned an APN by the County); ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 5-5 Prepared by NBS –Fiscal Year 2014/15 Dedicated public easements including open space areas,utility rights-of -way,greenbelts, parkways,parks or other publicly owned properties that are part of the District im provem ents or may provide other benef its to private properties within the District; Private properties that cannot be developed independently from an adjacent property,such as common areas,sliver parcels or bif urcated lots or properties with very restrictive development use; These types of parcels are considered to receive little or no benefit f rom the improvements and are theref ore exem pted f rom assessment,but shall be reviewed annually by the assessment engineer to confirm the parcels’ current developm ent status.Governm ent owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessm ent unless it qualifies for an exempt status. Special Cases —In m any districts where multiple land use classif ications are involved,there are usually one or more properties f or which the standard land use classifications do not accurately identif y the special benefits received from the improvements.For example,a parcel m ay be identif ied as a Vacant Residential property,however only a small percentage of the parcel’s total acreage can actually be developed.In this case,an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use classifications and the Equivalent Benefit Unit calculations previously outlined. Property Type Equivalent Benefit Units Multiplier Single-family Residential 1.00 Per Unit/Lot/Parcel Multi-family Residential 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Condominium/Townhome Units 0.75 Per Unit Planned Residential Development 1.00 Per Planned SF Residential Lot 0.75 Per Planned Condominium 0.75 Per Unit for the First 50 Units 0.50 Per Unit for Units 51-100 0.25 Per Unit for all Remaining Units Vacant Residential Land 1.00 Per Acre Exempt Parcels 0.00 Per Parcel The following formula is used to calculate each parcel’s EBU (proportional benefit). Parcel Type EBU x Acres or Units =Parcel EBU The total number of Equivalent Benefit Units (EBU’s)is the sum of the individual EBU's applied to parcels that receive special benefit from the improvements.An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU’s of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. Total Balance to Levy /Total EBU = Levy per EBU Levy per EBU x Parcel EBU =Parcel Levy Amount ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 5-6 Prepared by NBS –Fiscal Year 2014/15 D.ASSESSMENT RANGE FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law.Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID),legislative changes in the Brown Act defined a "new or increased assessment"to exclude certain conditions.These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed."This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments.As part of the District formation,the notice and assessment ballots presented to the property owners for approval included a maximum assessment amount for fiscal year 2005/2006 (initial maximum assessment),identification of the corresponding maximum assessment rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to future assessments and is generally defined: If the proposed annual assessment (levy per EBU)for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate,then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment Rate is equal to the (Initial)Maximum Assessment Rate established for fiscal year 2005/2006 adjusted annually by the greater of,three percent (3%)or the annual percentage change in the Consumer Price Index (CPI)of “All Urban Consumers”for the San Francisco-Oakland-San Jose Area from February to February.The Maximum Assessment rate was increased by 3.0%for fiscal year 2014/15. Beginning with the second fiscal year (fiscal year 2006/2007)and each fiscal year thereafter,the Maximum Assessment Rate is recalculated and a new Maximum Assessment Rate is established for the fiscal year utilizing the Assessment Range Formula described above.The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment.The annual percentage change in CPI shall be based on available data provided by the U.S.Department of Labor;Bureau of Labor Statistics at the time the annual Report is prepared.Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index,the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU)less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment,even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year.Likewise, modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment.Conversely, reductions in the proportional special benefit assigned to a land use classifications are permitted. Changes in land use or size of an individual property resulting in an assessment increase,is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula,the City must comply with the provisions of Article XIIID Section 4c,that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting.Property owners through the balloting process must approve a proposed new or increased assessment before such an assessment may be imposed. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 6-1 Prepared by NBS –Fiscal Year 2014/15 6.ASSESSMENT DIAGRAM The parcels within the Landscaping and Lighting District No.02 Las Lomas (W oodridge)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 District Diagram is based on the San Luis Obispo County Assessor’s Maps and the San Luis Obispo County Assessor’s information and identifies the original parcels of land within the proposed District.The combination of this map and the Assessment Roll contained in this Report constitute the District Assessment Diagram.The maximum assessment rate,assessment range formula and the proposed assessment amount for each of the existing parcels within the District as described herein,was presented to the property owners of record and approved in accordance with the provisions of the California Constitution. ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 ASSESSMENT DIAGRAM FOR LANDSCAPE AND LIGHTING DISTRICT NO. 2 LAS LOMAS (WOODRIDGE) CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA 2011/2012 L&L No. 2 Page 19 of 24 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Landscaping &Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report –City of Atascadero 7-1 Prepared by NBS –Fiscal Year 2014/15 7.ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the San Luis Obispo County Assessor’s Office at the time the Engineer’s Report was prepared.A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided herein. Non-assessable lots or parcels may include,but are not limited to public streets and other roadways (typically not assigned an APN by the County);dedicated public easements,open space areas,right- of-ways,common areas;landlocked parcels,small parcels vacated by the County,bifurcated lots,and any other property that can not be developed or has little or no value.These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year,a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller.The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore,if a single parcel is subdivided to multiple parcels,the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. The following is a list of the parcels and assessment amounts for each of the parcels within the District as determined by the assessment rates and method of apportionment described herein: ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 045-311-006 0 -$-$ 045-311-007 0 -- 045-311-008 0 -- 045-311-009 0 -- 045-311-010 1 1,616.34 50.00 045-311-013 0 -- 045-311-014 17.77 28,722.36 888.50 045-311-015 24.83 40,133.72 1,241.50 045-311-016 19.90 32,165.17 995.00 045-312-001 1 1,616.34 50.00 045-312-002 1 1,616.34 50.00 045-312-003 1 1,616.34 50.00 045-312-004 1 1,616.34 50.00 045-312-005 1 1,616.34 50.00 045-312-006 1 1,616.34 50.00 045-312-007 1 1,616.34 50.00 045-312-008 1 1,616.34 50.00 045-312-009 1 1,616.34 50.00 045-312-010 1 1,616.34 50.00 045-312-011 1 1,616.34 50.00 045-312-012 1 1,616.34 50.00 045-312-013 1 1,616.34 50.00 045-312-014 1 1,616.34 50.00 045-312-015 1 1,616.34 50.00 045-312-016 1 1,616.34 50.00 045-312-017 1 1,616.34 50.00 045-312-018 1 1,616.34 50.00 045-312-019 1 1,616.34 50.00 045-312-020 1 1,616.34 50.00 045-312-021 1 1,616.34 50.00 045-312-022 1 1,616.34 50.00 045-312-023 1 1,616.34 50.00 045-312-024 1 1,616.34 50.00 045-312-025 1 1,616.34 50.00 045-312-026 1 1,616.34 50.00 045-312-027 1 1,616.34 50.00 045-312-028 1 1,616.34 50.00 045-312-029 1 1,616.34 50.00 045-312-030 1 1,616.34 50.00 045-312-031 1 1,616.34 50.00 045-312-032 1 1,616.34 50.00 045-312-033 1 1,616.34 50.00 045-312-034 1 1,616.34 50.00 045-312-035 1 1,616.34 50.00 045-312-036 1 1,616.34 50.00 CITY OF ATASCADERO Landscaping and Lighting District No. 02 Las Lomas (Woodridge) Fiscal Year 2014/2015 Assessment Roll Landscaping and Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 045-312-037 1 1,616.34 50.00 045-312-038 1 1,616.34 50.00 045-312-039 1 1,616.34 50.00 045-312-040 1 1,616.34 50.00 045-312-041 1 1,616.34 50.00 045-312-042 1 1,616.34 50.00 045-312-043 1 1,616.34 50.00 045-312-044 1 1,616.34 50.00 045-312-045 1 1,616.34 50.00 045-312-046 1 1,616.34 50.00 045-312-047 1 1,616.34 50.00 045-312-048 1 1,616.34 50.00 045-312-049 1 1,616.34 50.00 045-312-050 1 1,616.34 50.00 045-312-051 1 1,616.34 50.00 045-312-052 1 1,616.34 50.00 045-312-053 1 1,616.34 50.00 045-312-054 1 1,616.34 50.00 045-312-055 1 1,616.34 50.00 045-312-056 1 1,616.34 50.00 045-313-001 1 1,616.34 50.00 045-313-002 1 1,616.34 50.00 045-313-003 1 1,616.34 50.00 045-313-004 1 1,616.34 50.00 045-313-005 1 1,616.34 50.00 045-313-006 1 1,616.34 50.00 045-313-007 1 1,616.34 50.00 045-313-008 1 1,616.34 50.00 045-313-009 1 1,616.34 50.00 045-313-010 1 1,616.34 50.00 045-313-011 1 1,616.34 50.00 045-313-012 1 1,616.34 50.00 045-313-013 1 1,616.34 50.00 045-313-014 1 1,616.34 50.00 045-313-015 1 1,616.34 50.00 045-313-016 1 1,616.34 50.00 045-313-017 1 1,616.34 50.00 045-313-018 1 1,616.34 50.00 045-313-019 1 1,616.34 50.00 045-313-020 1 1,616.34 50.00 045-313-021 1 1,616.34 50.00 045-314-001 1 1,616.34 50.00 045-314-002 1 1,616.34 50.00 045-314-003 1 1,616.34 50.00 045-314-004 1 1,616.34 50.00 045-314-005 1 1,616.34 50.00 045-314-006 1 1,616.34 50.00 045-314-007 1 1,616.34 50.00 045-314-008 1 1,616.34 50.00 045-314-009 1 1,616.34 50.00 Landscaping and Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 045-314-010 1 1,616.34 50.00 045-314-011 1 1,616.34 50.00 045-314-012 1 1,616.34 50.00 045-314-013 1 1,616.34 50.00 045-314-014 1 1,616.34 50.00 045-314-015 1 1,616.34 50.00 045-314-016 1 1,616.34 50.00 045-314-017 1 1,616.34 50.00 045-314-018 1 1,616.34 50.00 045-314-019 1 1,616.34 50.00 045-314-020 1 1,616.34 50.00 045-314-021 1 1,616.34 50.00 045-314-022 1 1,616.34 50.00 045-314-023 1 1,616.34 50.00 045-314-024 1 1,616.34 50.00 045-314-025 1 1,616.34 50.00 045-314-026 1 1,616.34 50.00 045-314-027 1 1,616.34 50.00 045-314-028 1 1,616.34 50.00 045-314-029 1 1,616.34 50.00 045-314-030 1 1,616.34 50.00 045-314-031 1 1,616.34 50.00 045-314-032 1 1,616.34 50.00 045-314-033 1 1,616.34 50.00 045-315-001 1 1,616.34 50.00 045-315-002 1 1,616.34 50.00 045-315-003 1 1,616.34 50.00 045-315-004 1 1,616.34 50.00 045-315-005 1 1,616.34 50.00 045-315-006 1 1,616.34 50.00 045-315-007 1 1,616.34 50.00 045-315-008 1 1,616.34 50.00 045-315-009 1 1,616.34 50.00 045-315-010 1 1,616.34 50.00 045-315-011 1 1,616.34 50.00 045-315-012 1 1,616.34 50.00 045-315-013 1 1,616.34 50.00 045-315-014 1 1,616.34 50.00 045-315-015 1 1,616.34 50.00 045-315-016 1 1,616.34 50.00 045-315-017 1 1,616.34 50.00 045-315-018 1 1,616.34 50.00 045-315-019 1 1,616.34 50.00 045-315-020 1 1,616.34 50.00 045-315-021 1 1,616.34 50.00 045-315-022 1 1,616.34 50.00 045-315-023 1 1,616.34 50.00 045-315-024 1 1,616.34 50.00 045-315-025 1 1,616.34 50.00 045-315-026 1 1,616.34 50.00 Landscaping and Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 Assessor's Parcel Number Equivalent Benefit Units Maximum Assessment Proposed Assessment(1) 045-315-027 1 1,616.34 50.00 045-315-028 1 1,616.34 50.00 045-315-029 1 1,616.34 50.00 045-315-030 1 1,616.34 50.00 045-315-031 1 1,616.34 50.00 045-315-032 1 1,616.34 50.00 045-315-033 1 1,616.34 50.00 045-316-001 0 -- 045-316-002 0 -- 045-316-003 0 -- 045-316-004 0.75 1,212.26 37.50 045-316-005 0.75 1,212.26 37.50 045-316-006 0.75 1,212.26 37.50 045-316-007 0.75 1,212.26 37.50 045-316-008 0.75 1,212.26 37.50 045-316-009 0.75 1,212.26 37.50 045-316-010 0.75 1,212.26 37.50 045-316-011 0.75 1,212.26 37.50 045-316-012 0.75 1,212.26 37.50 045-316-013 0.75 1,212.26 37.50 045-316-014 0.75 1,212.26 37.50 045-316-015 0.75 1,212.26 37.50 045-316-016 0.75 1,212.26 37.50 045-316-017 0.75 1,212.26 37.50 045-316-018 0.75 1,212.26 37.50 045-316-019 0.75 1,212.26 37.50 045-316-020 0.75 1,212.26 37.50 045-316-021 0.75 1,212.26 37.50 045-316-022 0.75 1,212.26 37.50 045-316-023 0.75 1,212.26 37.50 045-316-024 0.75 1,212.26 37.50 045-316-025 0.75 1,212.26 37.50 045-316-026 0.75 1,212.26 37.50 045-316-027 0.75 1,212.26 37.50 045-316-028 0.75 1,212.26 37.50 045-316-029 0.75 1,212.26 37.50 045-316-030 0.75 1,212.26 37.50 045-316-031 0.75 1,212.26 37.50 045-316-032 0.75 1,212.26 37.50 045-316-033 0.75 1,212.26 37.50 045-316-034 0.75 1,212.26 37.50 045-316-035 0.75 1,212.26 37.50 045-316-036 0.75 1,212.26 37.50 045-316-037 0.75 1,212.26 37.50 045-316-038 0.75 1,212.26 37.50 Totals 232.75 376,203.14$11,637.50$ (1) Slight variance in charge or total budget are due to rounding for placement on the tax rolls. Landscaping and Lighting District No. 02 Las Lomas(Woodridge) Engineer’s Report – City of Atascadero Prepared by NBS – Fiscal Year 2014/15 ITEM NUMBER: B-3 DATE: 06/10/14 ATTACHMENT: 6 ITEM NUMBER: C-1 DATE: 06/10/14 Atascadero City Council Staff Report - Public Works Department Solid Waste and Recycling Contract Negotiations RECOMMENDATIONS: Council: 1. Direct staff to bring back a contract that contains the deal points outlined in the Atascadero Waste Alternative proposal for the exclusive curbside collection of trash, commingled recyclables and green waste within City limits.; and, 2. Direct staff to bring back a contract that contai ns the deal points outlined in the North San Luis Obispo County Recycling, Inc. proposal for the disposal of curbside recyclable and green waste materials originating within the City limits. REPORT-IN-BRIEF: At the April 8, 2014 City Council meeting, the Council directed staff to enter into negotiations with the two current service providers for solid waste collection, and recycling. Of particular concern to Council was the apparent high cost of solid waste disposal for commercial accounts. Since that time Staff has had numerous meetings with the two companies regarding terms for extension and/or renewal of the current contracts. The two companies are: 1. Atascadero Waste Alternatives (AWA) – solid waste collection 2. North San Luis Obispo County Recycling, Inc. (NSLOCR) – recycled materials As discussed at the April 8, 2014 meeting the two agreements are inter-related, as each provider has specific requirements affecting the other. AWA is required to haul solid waste (trash) to the landfill, and transport comingled recyclable materials and green waste to the NSLOCR facility in Templeton. NSLOCR charges AWA $7/ton for ITEM NUMBER: C-1 DATE: 06/10/14 recyclables and $27/ton for green waste; and a ny residual material (trash in the recyclable material) must then be separated and then hauled to the landfill by the recycler. Staff has been successful in working with Atascadero Waste Alternatives to bring down commercial rates, hold residential rates, and add needed environmental services to City parks and streets. Staff has also worked with NSLOCR and has a proposal which would hold tipping and franchise fees at the current rate, and would provide the City up to 100 cubic yards of composted mulch per year at no cost. DISCUSSION: Background: The City of Atascadero has the flexibility to enter into an exclusive garbage franchise, with or without competitive bidding. This is pursuant to California Public Resources Code §40059 (a) (2) which states: “(2) Whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local governmental agency by resolution or ordinance.” In addition, California Public Resources Code §49300 states: “The legislative body of a city may contract for the collection or disposal, or both, of garbage, waste, refuse, rubbish, offal, trimmings, or other refuse matter under the terms and conditions that are prescribed by the legislative body of the city by resolution or ordinance.” The Atascadero Municipal Code §6-4.13 contains the terms and conditions for contracting for garbage service, specifically: (a) It is unlawful for any person to collect, haul, or transport for hire solid waste on any roadway within the City unless there is in force, with respect to such person, a contract to engage in such occupation, as provided in this chanter. The provisions of this section shall not apply to persons or business establishments hauling household, industrial, or commercial waste or residue from their own premises, to farming or agricultural operations; however, those exempt from the requirements of this section shall not create a public or private nuisance, and shall comply with all other requirements for collection and transportation of solid wastes. (b) Such contract shall provide that the contractor shall collect and dispose of the refuse, garbage, rubbish and other solid waste materials in the City in the manner as set forth in this chapter, and shall not charge any amounts in excess of the rates specified in the contract agreement or by resolution of the Council. The contract shall be required to furnish a cash or surety bond to the City in the amount of Twenty-five Thousand and no/100ths ($25,000.00) ITEM NUMBER: C-1 DATE: 06/10/14 Dollars, conditioned upon the faithful performance of the contract agreement and the provisions of this chapter. (c) The contract agreement shall provide that the contractor shall be required to dispose of all refuse or garbage and rubbish at a disposal site approved by the County Health Department of the County. (d) The contract agreement shall require that the contractor procure for the period covered by the contract, full compensation insurance in accordance with the provisions of the State Labor Code. (e) The contract agreement shall require that the contractor carry public liability insurance to the extent of at least Five Hundred Thousand and no/100ths ($500,000.00) Dollars for the death or injury to one (1) person and at least One Million and no/100ths ($1,000,000.00) Dollars for the death or injury of more than one (1) person, and property damage insurance of at least Five Hundred Thousand and no/100ths ($500,000.00) Dollars, upon each of the trucks or vehicles used by the refuse collector in carrying out the work called for in the contract agreement, such insurance to cover both the City and the contract. Said insurance amounts shall be reviewed periodically by the City and amended by resolution of the Council. (f) The City Council, by resolution, shall have power to provide for the inclusion in the contract agreement of such terms as it deems necessary to protect the interest of the City. (Ord. 56 § 6-4.13, 1982) Solid Waste Contract The City currently has an agreement with AWA for the exclusive curbside collection of trash, commingled recyclables and green waste within City limits. AWA has been the curbside waste collection provider since 1998 and the current agreement has been in place since 2008. The solid waste collection agreement with AWA is set to expire on January 01, 2015, and the agreement contains provisions for three one-year extensions to 2018. As stated at the April City Council meeting, the City must give AWA a 6-month notice if their contract will not be extended (i.e. by July 1, 2014). Other key provisions of the current agreement are:  AWA provides trash, recycling and green waste collection and disposal services to City Buildings at no cost.  AWA provides Spring and Fall citywide “Residential Clean-Up Day” at no charge.  AWA provides Creek Clean-Up Day support at no charge.  AWA directly bills and collects fees from users to cover collection, recycling and disposal of trash.  User rates are set by the agreement in place with the City. CPI adjustments (85% of current CPI) every other year on Jan. 1. ITEM NUMBER: C-1 DATE: 06/10/14 Terms Related to Landfill:  All solid waste (trash) from City to be delivered to Chicago Grade Landfill (CGLF).  AWA pays Chicago Grade Landfill current City per ton landfill rate for compacted trash. Terms Related to Recycling:  All collected curbside commingled recyclable and green waste materials to be delivered to NSLOCR facility in Templeton.  AWA pays NSLOCR $7/ton for delivered recyclable materials. o Material shall not exceed 10% by weight of trash (residual material).  AWA pays NSLOCR $27/ton for delivered green waste materials. The current proposal from Atascadero Waste Alternatives includes all of the above terms plus the following deal points: Term: 6 year term (through December 31, 2020) Additional Services:  Park trash collection – all exterior park trash cans will be serviced once per week  Street sweeping – areas of town with curb, gutter and sidewalk will be swept on an agreed to schedule  19-Gallon reduced rate carts  Solar Powered “Big Belly” Recycling Units (3)  Free Document Shredding Day open to the public Residential Rates: Residential rates to remain unchanged Trash Service Current Monthly Rate Proposed Monthly Rate 30 Gallon Cart*20.58$ 20.58$ 60 Gallon Cart*36.06$ 36.06$ 90 Gallon Cart*46.56$ 46.56$ * Includes 90 Gallon Green Waste and 90/60 Gallon Recycle Commercial Rates: Commercial rates to be reduced by 10% to 36% as per table below (comparison to other north county rates is provided by Atascadero Waste Alternatives in Attachment A): ITEM NUMBER: C-1 DATE: 06/10/14 Trash Service Current Rate Proposed Rate Proposed Reduction % 1CY 1/week 123.83$ 103.95$ 16% 1CY 2/week 222.95$ 193.52$ 13% 1CY 3/week 320.53$ 283.33$ 12% 1CY 4/week 417.33$ 373.05$ 11% 1CY 5/week 514.47$ 462.73$ 10% 1.5CY 1/week 146.32$ 103.95$ 29% 1.5CY 2/week 264.65$ 193.52$ 27% 1.5CY 3/week 381.77$ 283.33$ 26% 1.5CY 4/week 500.72$ 373.05$ 25% 1.5CY 5/week 619.74$ 462.73$ 25% 2CY 1/week 167.34$ 118.06$ 29% 2CY 2/week 306.26$ 221.97$ 28% 2CY 3/week 445.10$ 325.39$ 27% 2CY 4/week 584.02$ 429.26$ 26% 2CY 5/week 754.76$ 532.95$ 29% 3CY 1/week 206.87$ 146.67$ 29% 3CY 2/week 389.74$ 276.82$ 29% 3CY 3/week 569.92$ 406.90$ 29% 3CY 4/week 750.45$ 540.78$ 28% 3CY 5/week 930.89$ 672.35$ 28% 3CY 6/week 1,113.50$ 814.03$ 27% 4CY 1/week 250.64$ 175.48$ 30% 4CY 2/week 475.03$ 336.64$ 29% 4CY 3/week 695.00$ 493.50$ 29% 4CY 4/week 919.13$ 653.48$ 29% 4CY 5/week 1,147.56$ 811.53$ 29% 4CY 6/week 1,363.49$ 967.73$ 29% 6CY 1/week 323.34$ 224.47$ 31% 6CY 2/week 617.91$ 429.83$ 30% 6CY 3/week 914.89$ 583.80$ 36% 6CY 4/week 1,211.65$ 840.27$ 31% 6CY 5/week 1,508.45$ 1,045.61$ 31% 6CY 6/week 1,805.54$ 1,337.74$ 26% 32 gallon 38.45$ 27.09$ 30% 64 gallon 51.23$ 39.62$ 23% 96 gallon 66.24$ 44.18$ 33% Buy Back Center: The current contract does not require a buy-back center; however staff and Council worked with AWA to keep the recycling “Buy-Back Center” on San Luis Avenue open. As a gesture of good will to the City and the community, AWA agreed to operate the center until the franchise agreement was renegotiated or re -bid. ITEM NUMBER: C-1 DATE: 06/10/14 The current proposal from AWA includes keeping the buy-back center open for one year only. After one year, the buy-back center would remain open only under one of the following conditions:  An additional 6.8% increase in commercial rates; or  An additional $0.40 monthly increase in residential rates in year 2 and then again in year 3 (This increase would be in addition to any CPI increases); or  Change the current City recycling agreement with NSLOCR. This would involve having NSLOCR pay AWA $10 a ton for commingled recycling, rather than the current agreement that calls for AWA to pay NSLOCR $7 per ton; or  Change the current recycling agreement to allow AWA to bring recycling to the facility of their choice. In addition to keeping the buyback center open, AWA would pay the City $10 per ton for the commingled recycling CalRecycle: If the State of California significantly reduces or eliminates its distribution of California redemption deposit monies (CRV) to the AWA buy-back center, the City and AWA would renegotiate a modified rate structure to maintain the buy -back center’s ability to receive CRV products. The proposal from AWA is included as attachment B. Recycling Contract In 2004 the City entered into an agreement with North San Luis Obispo County Recycling, Inc. (NSLOCR) owned and operated by Brad Goodrow for the disposal of curbside recyclable and green waste materials originating within the City limits. The activity requires the operation of a Materials Recovery Facility, commonly referred to as a MRF (pronounced “murph”). The current agreement has a ten year term (June 1, 2004 thru June 1, 2014.) In November of 2013 the Council authorized the City Manager to extend the agreement to January 1, 2015. The extension has now been agreed to by NSLOCR. The City may approve up to 5-year extension to June 1, 2019 under the current contract). Other Key provisions of the agreement are:  NSLOCR receives $7 per ton for commingled recycling  NSLOCR receives $27 per ton for green waste  NSLOCR pays the City $2 per ton franchise fee for recyclable materials received. Terms Related to Collection:  Recyclable material and green waste delivered to NSLOCR Templeton facility. Terms Related to Landfill:  Recycler must haul “residual material” (sorted trash mixed in with the recycle material delivered by AWA) to CGLF and pay current disposal fee. ITEM NUMBER: C-1 DATE: 06/10/14 The current proposal from NSLOCR includes all of the above terms plus the following:  Term: 6 years (through December 31, 2020)  Rates: Tipping fees and franchise fees remain unchanged.  Additional Services: NSLOCR to provide City up to 100 cubic yards of composted mulch per year at no cost. Other Provisions:  City to require and oversee a waste characterization of commingled recyclables at least once per year to enforce 10% maximum residual content delivered by AWA.  NSLOCR to receive a 67% CPI adjustment (calculated identical to AWA and Chicago Grade Landfill adjustment) in tipping fee every other year, to coincide with AWA. CalRecycle: If the State of California significantly reduces or eliminates its distribution of California redemption deposit monies (CRV) to the NSLOCR MRF, the City and NSLOCR would renegotiate a modified rate structure to maintain the MRF’s ability to receive CRV products. Analysis Time is of the essence with respect to the current agreements in place. The City must notify AWA six months in advance of any potential change in them providing service to Atascadero. The projected schedule to complete the solid waste collection and recycle program agreement renewals is:  June 10, 2014 Council agree in principal to the terms of a negotiated extension of the two contracts, with minor modifications (discussed in detail in this report).  July 2014 Bring final contracts back to City Council for final consideration.  September 2014 Contract extensions take effect. Both contracts would have the same term, renewal date, and rate adjustment timing. Staff recommended renegotiating with each of the providers due to their experience and proven track record in providing services to the City of Atascadero. Each of the provider’s unique knowledge of Atascadero and history of service has benefit to the rate payers. Renegotiating the agreements has allowed the City the ability to modify the terms and conditions of service, in exchange for additional years to the contracts. The two service providers have, in staff’s opinion, over the past two months negotiated in good faith and have resolved the key issue identified at the Council at the April 8, 2014 Council meeting, namely commercial garbage rates. ITEM NUMBER: C-1 DATE: 06/10/14 In exchange for six additional contract years AWA has proposed to reduce commercial garbage rates between 10% and 36% as shown on the table in Attachment A. This reduction brings them down in line with other areas of the north county. In addition to lower commercial rates AWA agreed to include the additional environmental services in the solid waste collection contract at no additional cost, namely:  Park trash collection – all exterior park trash cans will be serviced once per week  Street sweeping – areas of town with curb, gutter and sidewalk will be swept on an agreed to schedule  19-Gallon reduced rate carts  Solar Powered “Big Belly” Recycling Units (3)  Free Document Shredding Day open to the public The current proposal from AWA states that the buy-back center will be open for one- year. During that year, it is expected that some of the uncertainty in the CRV program will be cleared up. The need for the buy-back center, as acknowledged by the Council, is important to the community. So, it is reasonable that a cost to provide the service be passed on to the consumers. Council does not need to make a decision at this time as to which funding option would be preferable, however extending the NSLOCR contract would eliminate two of the options proposed by AWA. The two options that would be eliminated would be:  Change the current City recycling agreement with NSLOCR. This would involve having NSLOCR pay AWA $10 a ton for commingled recycling, rather than the current agreement that calls for AWA to pay NSLOCR $7 per ton; or  Change the current recycling agreement to allow AWA to bring recycling to the facility of their choice. In addition to keeping the buyback center open, AWA would pay the City $10 per ton for the commingled recycling The contract brought back before Council would include potential options and would give staff time to work with AWA and IWMA on the most effective and lowest cost alternative. Similarly in exchange for six additional years NSLOCR has agreed to no increase in the tipping fee established in 2004. This does not mean they have not been impacted by inflation, increased costs and State regulation that impact their business. As part of the negotiation process it was suggested that NSLOCR should be afforded the same type of CPI adjustment as given to both AWA and the landfill operation. An adjustment of 67% of the CPI increase, every other year is warranted. The calculation would be done at the same time as the AWA adjustment. Negotiations were conducted in good faith with each of the providers. Both AWA and NSLOCR submitted proposals for services not within their scope. AWA’s proposal for keeping the buy-back center included an option to direct commingled recycling material to the facility of their choice, thus potentially cutting out NSLOCR. NSLOCR submitted ITEM NUMBER: C-1 DATE: 06/10/14 a proposal for curb-side collection of solid waste and recyclables, thus potentially cutting out AWA. City staff did not consider the merits, sustainability or either proposal in coming to a staff recommendation. Currently the City does not regulate those companies currently providing construction and demolition roll-off service in town. While unregulated in Atascadero, it is commonly controlled by the municipality in other communities. Both vendors have expressed an interest in providing franchise fees in exchange for exclusive rights to provide roll -off boxes in town. This is an area where the City may explore full-cost recovery in the future. The renegotiated terms as outlined should provide the City and its businesses and residents with high level uninterrupted service at reasonable rates. Summary The City’s goal is to provide the best service at the lowest cost to the public. Staff has been able to successfully negotiate with each of the current providers and recommends executing agreements with the current providers rather than go through the RFP /RFQ process. The new agreements will provide improved environmental services related to trash, storm water pollution prevention, and recycling that are provided in other communities. The proposed residential rates remain the lowest in the North County, and the commercial solid waste rates have been lowered substantially to be competitive with other north county haulers. This represents a significant reduction in costs to local businesses. Staff feels the negotiations have resulted in improved service to the community at a lower cost. The term of the recycling agreement and the solid waste collection agreement currently expire on January 01, 2015. Both agreements are proposed to be extended to December 31, 2020. The following is a list of the key negotiated contract terms: Solid Waste Collection: 1. Extend agreement to December 31, 2020 (6-years) under the current contract terms. 2. Reduced commercial rates in accordance with attached Exhibit A. 3. Additional environmental services in accordance with attached Exhibit B. 4. Midstate Buy-Back Center to remain open until January 1, 2016. City to develop plan to have an alternative program in place (i.e. Re-Planet, or supermarket location buy-back centers per CalRecycle regulations), or approve rate inc rease to residential and commercial customers to fund continued operation. Recycling Agreement: 1. Extend existing agreement to December 31, 2020 (6-years) under the current contract terms. 2. Tipping fees and franchise fees remain unchanged. ITEM NUMBER: C-1 DATE: 06/10/14 3. NSLOCR to provide City up to 100 cubic yards of composted mulch per year at no cost. 4. City to require and oversee a waste characterization of commingled recyclables at least once per year to enforce 10% maximum residual content delivered by AWA. 5. NSLOCR to receive a 67% CPI adjustment (calculated using the same methodology as the AWA and Chicago Grade Landfill adjustments) in tipping fee every other year, to coincide with AWA. FISCAL IMPACT: Commercial businesses in town will realize lower solid waste and recycling disposal costs, estimated at an aggregate of $250,000 annually. City franchise fees would be reduced due to the lower commercial garbage rates an estimated $25,000 per year. The City would also realize reduced general fund expenses in meeting regulatory compliance requirements for storm water permits (i.e. street sweeping and trash removal). Similarly, Parks and Zoo staff would have more time to perform certain maintenance activities currently not achievable. City revenues from landfill tipping fees would be unaffected. ALTERNATIVES: 1. Council may direct staff to negotiate additional or alternate deal points. 2. Council may direct staff to bring back one contract and give staff an alternate direction for procuring the services currently provided in the other contract. 3. Council may provide staff direction to extend the term of services in accordance with current contracts. 4. Council may provide staff direction to extend current contracts as needed to allow preparation of a request for qualifications / proposals for combined solid waste curbside collection and recycling processing services. 5. Council may provide staff direction to extend current contracts as needed to allow preparation of a request for qualifications / proposals for separate solid waste curbside collection and recycling processing services. ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENTS: Attachment A: Proposed Commercial Rates Attachment B: Additional Environmental Services Attachment C: AWA Proposal Letter dated May 23, 2014 Attachment D: April 8, 2014 Staff Report ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: A ATTACHMENT A Trash Srvc Proposed CSD **Urban *Rural *Proposed Current Reduction, % 1CY 1/week 94.50$ N/A N/A 103.95$ 123.83$ 16% 1CY 2/week 175.93$ N/A N/A 193.52$ 222.95$ 13% 1CY 3/week 257.57$ N/A N/A 283.33$ 320.53$ 12% 1CY 4/week 339.14$ N/A N/A 373.05$ 417.33$ 11% 1CY 5/week 420.66$ N/A N/A 462.73$ 514.47$ 10% 1.5CY 1/week 94.50$ 122.90$ 146.75$ 103.95$ 146.32$ 29% 1.5CY 2/week 175.93$ 228.20$ 276.65$ 193.52$ 264.65$ 27% 1.5CY 3/week 257.57$ 333.70$ 406.85$ 283.33$ 381.77$ 26% 1.5CY 4/week 339.14$ 439.15$ 536.95$ 373.05$ 500.72$ 25% 1.5CY 5/week 420.66$ 544.70$ 666.95$ 462.73$ 619.74$ 25% 2CY 1/week 107.33$ 139.60$ 172.55$ 118.06$ 167.34$ 29% 2CY 2/week 201.79$ 261.55$ 327.95$ 221.97$ 306.26$ 28% 2CY 3/week 295.81$ 383.20$ 483.90$ 325.39$ 445.10$ 27% 2CY 4/week 390.24$ 505.10$ 639.35$ 429.26$ 584.02$ 26% 2CY 5/week 484.50$ 627.10$ 795.05$ 532.95$ 754.76$ 29% 3CY 1/week 133.34$ 173.05$ 204.35$ 146.67$ 206.87$ 29% 3CY 2/week 251.65$ 326.15$ 391.05$ 276.82$ 389.74$ 29% 3CY 3/week 369.91$ 478.95$ 577.50$ 406.90$ 569.92$ 29% 3CY 4/week 491.62$ 636.40$ 764.10$ 540.78$ 750.45$ 28% 3CY 5/week 611.23$ 790.95$ 950.70$ 672.35$ 930.89$ 28% 3CY 6/week N/A 937.70$ 1,137.25$ 814.03$ 1,113.50$ 27% 4CY 1/week 159.53$ 207.05$ 266.85$ 175.48$ 250.64$ 30% 4CY 2/week 306.04$ 396.30$ 514.85$ 336.64$ 475.03$ 29% 4CY 3/week 448.64$ 580.65$ 762.90$ 493.50$ 695.00$ 29% 4CY 4/week 594.07$ 768.85$ 1,010.90$ 653.48$ 919.13$ 29% 4CY 5/week 737.75$ 954.45$ 1,258.90$ 811.53$ 1,147.56$ 29% 4CY 6/week N/A 1,141.30$ 1,506.75$ 967.73$ 1,363.49$ 29% 6CY 1/week 204.06$ 264.60$ 342.60$ 224.47$ 323.34$ 31% 6CY 2/week 390.75$ 505.70$ 662.60$ 429.83$ 617.91$ 30% 6CY 3/week 530.73$ 686.80$ 982.70$ 583.80$ 914.89$ 36% 6CY 4/week 763.88$ 988.40$ 1,102.45$ 840.27$ 1,211.65$ 31% 6CY 5/week 950.55$ 1,229.60$ 1,604.85$ 1,045.61$ 1,508.45$ 31% 6CY 6/week N/A 1,470.90$ 1,942.95$ 1,337.74$ 1,805.54$ 26% 32 gallon 24.63$ 24.70$ 32.85$ 27.09$ 38.45$ 30% 64 gallon 36.02$ 42.55$ 47.80$ 39.62$ 51.23$ 23% 96 gallon 40.16$ 56.75$ 62.80$ 44.18$ 66.24$ 33% * Urban and Rural rates reflect approved 2014 CPI increase effective June 1st. * CSD rates reflect proposed 2014 CPI increase effective June 17th. Mid State Solid Waste Waste Alternatives ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: B ATTACHMENT B Additional Environmental Services by AWA: 1. Exterior Trash / Recycle Can Service (Parks and City Facilities) – Weekly (Monday) service to empty and install liner at trash cans  Atascadero Lake Park  Charles Paddock Zoo 05 cans  Lake Park / Pavilion / Lake Path 47 cans  Veteran’s Memorial 02 cans  Alvord Field 07 cans  Sunken Gardens / Historic City Hall 13 cans  Colony Park / Community Center 16 cans  Paloma Creek Park 20 cans  Transit Center (Capistrano Ave) 03 cans  Downtown Core 12 cans 127 cans 2. Street Sweeping – Monthly or bi-monthly arterial and collector street sweeping service, includes vacuum – sweeping and disposal of materials for all streets listed below (all curbs, ac dikes, and center turn lane on ECR): Monthly 1. ECR – Santa Barbara Road to R/R bridge at Home Depot 2. Del Rio Rd – Graves Creek to Obispo Rd 3. San Anselmo Rd – Monterey Rd to ECR 4. Traffic Way – Santa Lucia Rd to Potrero Rd 5. Curbaril Ave – ECR to Coromar Ave 6. Santa Rosa Rd – ECR to Old Santa Rosa Rd 7. Downtown Business District  Olmeda Ave, Lewis Ave, Palma Ave  Entrada Ave, West Mall, East Mall Quarterly (May/June, October, December, February) Multi-Family Districts  Santa Ysabel Ave, Robles Ave, Pueblo Ave, Sinaloa Ave  Viejo Camino – ECR to La Paloma Ct.  Atascadero Avenue – Atasc Mall to 700’ south of Morro Rd  Tecorida Ave – Marchant Ave to San Andres Ave ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: B Commercial  West Front Rd – Portola Rd to Santa Rosa Rd.  Atascadero Mall – Hwy 101 to Atascadero Ave  East Front Rd / San Gabriel Rd – Santa Rosa Rd to ECR  Capistrano Ave, Pueblo Ave / San Luis Ave. 3. New 19-gallon residential trash cart added to current options (300 units max.) 4. Supply three Big Belly Solar units 5. Annual Citywide “Shredding Day” event. 6. 6-year contract extension (2015 to 2021), with City option to extend for up to four additional years (2021 to 2025). Additional Services by NSLOCR: Provide City up to 100 cubic yards of composted mulch at no cost, City to pick-up at Creston Facility. ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: C ATTACHMENT C ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: C ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D ATTACHMENT D Atascadero City Council Staff Report - Public Works Department Solid Waste and Recycling Agreements Forum RECOMMENDATION: Council provide staff direction to renegotiate agreements with the existing service providers for solid waste collection and recycling. REPORT-IN-BRIEF: Solid waste collection, recycling, and landfill disposal within the City of Atascadero are currently provided through agreements with three separate companies, namely: 3. Atascadero Waste Alternatives (AWA) – solid waste collection 4. North San Luis Obispo County Recycling, Inc. (NSLOCR) – recycled materials 5. Chicago Grade Landfill, Inc. (CGLF) – landfill disposal The three agreements are inter-related, as each provider has specific requirements affecting the other. The City of Atascadero recently executed a new agreement with the Chicago Grade Landfill that directs all solid waste generated in the City of Atascadero to CGLF for the next seven years, until September 01, 2019. AWA is required to haul solid waste (trash) to CGLF directly, and transport recyclable materials and green waste to the NSLOCR facility in Templeton. NSLOCR charges AWA $7/ton for recyclables and $27/ton for green waste; and any residual material (comingled trash in the recyclable material) must then be separated and then hauled to CGLF by the recycler. The initial term of the City recycling agreement with NSLOCR expires on June 01, 2014, and the agreement contains provisions for a five year extension to 2019. In November of 2013 the Council authorized the City Manager to extend the a greement to January 1, 2015. As of the date of the posting of this report, the extension agreement has not yet been signed by NSLOCR. ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D Similarly, the solid waste collection agreement with AWA is set to expire on January 01, 2015, and the agreement contains provisions for three one-year extensions to 2018. Staff believes that the current service providers have provided the City with consistent and reliable service and have been good partners with the community. Furthermore, Staff believes the renegotiation process would be the most efficient way to secure long- term solid waste service for the community that allows for improved environmental and customer service programs that benefit the entire community. DISCUSSION: Background: Solid waste, commingled recycling, and green waste collection, processing and disposal are regulated by the Statewide California Integrated Waste Management Authority and CalRecycle. The California Public Resources Code declares that the responsibility for solid waste management is shared between the State and local governments. Local agencies and the County enter into agreements with service providers to perform the activities needed to meet State and local health standards, and recycling diversion rates set by the State of California. The City of Atascadero has the flexibility to enter into an exclusive garbage franchise, with or without competitive bidding. This is pursuant to California Public Resources Code §40059 (a) (2) which states: “(2) Whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local governmental agency by resolution or ordinance.” In addition, California Public Resources Code §49300 states: “The legislative body of a city may contract for the collection or disposal, or both, of garbage, waste, refuse, rubbish, offal, trimmings, or other refuse matter under the terms and conditions that are prescribed by the legislative body of the city by resolution or ordinance.” The Atascadero Municipal Code §6-4.13 contains the terms and conditions for contracting for garbage service, specifically: ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D (a) It is unlawful for any person to collect, haul, or transport for hire solid waste on any roadway within the City unless there is in force, with respect to such person, a contract to engage in such occupation, as provided in this chanter. The provisions of this section shall not apply to persons or business establishments hauling household, industrial, or commercial waste or residue from their own premises, to farming or agricultural operations; however, those exempt from the requirements of this section shall not create a public or private nuisance, and shall comply with all other requirements for collection and transportation of solid wastes. (b) Such contract shall provide that the contractor shall collect and dispose of the refuse, garbage, rubbish and other solid waste materials in the City in the manner as set forth in this chapter, and shall not charge any amounts in excess of the rates specified in the contract agreement or by resolution of the Council. The contract shall be required to furnish a cash or surety bond to the City in the amount of Twenty-five Thousand and no/100ths ($25,000.00) Dollars, conditioned upon the faithful performance of the contract agreement and the provisions of this chapter. (c) The contract agreement shall provide that the contractor shall be required to dispose of all refuse or garbage and rubbish at a disposal site approved by the County Health Department of the County. (d) The contract agreement shall require that the contractor procure for the period covered by the contract, full compensation insurance in accordance with the provisions of the State Labor Code. (e) The contract agreement shall require that the contractor carry public liability insurance to the extent of at least Five Hundred Thousand and no/100ths ($500,000.00) Dollars for the death or injury to one (1) person and at least One Million and no/100ths ($1,000,000.00) Dollars for the death or injury of more than one (1) person, and property damage insurance of at least Five Hundred Thousand and no/100ths ($500,000.00) Dollars, upon each of the trucks or vehicles used by the refuse collector in carrying out the work called for in the contract agreement, such insurance to cover both the City and the contract. Said insurance amounts shall be reviewed periodically by the City and amended by resolution of the Council. (f) The City Council, by resolution, shall have power to provide for the inclusion in the contract agreement of such terms as it deems necessary to protect the interest of the City. (Ord. 56 § 6-4.13, 1982) Regional Solid Waste The Integrated Waste Management Authority (IWMA) acts as an advisory and advocate agency for the planning and implementation of solutions to common solid waste problems in the County. IWMA was formed pursuant to a Joint Powers Agreement executed in 1994, and approved by the Atascadero City Council on March 28, 1995. All incorporated cities and the County of San Luis Obispo are members of the IWMA, and are represented on its Board of Directors. The IWMA operates in compliance with the California Integrated Waste Management Act (Public Resources Code §40000 et seq.). ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D The agency is funded by a $0.30 per residential account surcharge, 2% per commercial account surcharge, and a $3.00/ton landfill tipping fee. In the North County, there are two landfills providing disposal of solid waste, namely: 1. Paso Robles Municipal Landfill (owned and operated by the City of Paso Robles) 2. Chicago Grade Landfill, Inc. Solid waste, recycling, and green waste collection is contracted out by individual agencies pursuant to negotiated agreements with private waste hauling companies. Some of the agreements are: 1. Atascadero Atascadero Waste Alternatives (Waste Management) 2. Paso Robles Paso Robles Waste (Gomer) 3. Templeton (TCSD) Mid-State Solid Waste and Recycling (Goodrow) 4. Heritage Ranch San Miguel Garbage Co. (Kardasian) 5. Unincorporated County Various haulers Roll-off containers for construction waste and demolition activities are regulated by a county-wide agreement and are provided by numerous waste haulers on a non - exclusive basis. The processing of commingled recyclables (glass, plastic, metals, paper and cardboard) occurs at designated Material Recovery Facilities (MRF), and green waste composting operations are even fewer on the Central Coast. The curbside collected materials are processed primarily at: 1. San Miguel Garbage San Miguel 2. Paso Robles Waste Paso Robles 3. North SLO County Recycling Templeton 4. Waste Connections San Luis Obispo 5. Waste Management Santa Maria Other smaller operations exist around the County. All of these MRF facilities sort, package and transport the recycled materials to regional facilities located in the Bay Area and Los Angeles where they are exported primarily to China and then processed back into materials used for manufacturing new consumer products. Local Solid Waste The City currently has agreements for solid waste collection, disposal, and processing of recyclable materials through agreements with three companies, namely:  Solid Waste Collection: Atascadero Waste Alternatives (Waste Management)  Solid Waste Disposal: Chicago Grade Landfill (Mike Hoover) ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D  Recycling: North SLO County Recycling, Inc. (Brad Goodrow) With help from the Integrated Waste Management Agency (IWMA) the combination of the three agreements provides the community with reliable, stable, and envir onmentally responsive management of the solid waste stream generated within the City limits, ensuring that State solid waste and recycling mandates are met. While IWMA provides high level support of solid waste issues, State reporting and advocacy, as well as hazardous waste programs, the City’s solid waste program is provided by individual agreements administered by City Staff. Each agreement is currently on a separate schedule for extension and renewal. A summary of each is outlined below: A. Solid Waste Disposal. In 2012 the City negotiated and approved a seven year extension to the solid waste disposal agreement with Chicago Grade Landfill (CGLF), and services are contracted through September 1, 2019. Key provisions of the agreement are:  Landfill Rate: $42 per ton  Tipping Fee Paid to City: $ 1 per ton  Term: 7 years (Sept. 1, 2012 thru Sept. 1, 2019)  City guaranteed lowest “per ton” disposal rate for compacted solid waste delivered to the site in AWA compactor trucks.  CPI adjustments (50% of current CPI) on: January 1, 2015, 2017 and 2019.  Accepts all WWTP sludge, and road kill for disposal at no charge. Terms Related to Collection:  All solid waste collected within City limits must be delivered to CGLF.  Collection agreement or (AWA) pays disposal site per ton fee. Terms Related to Recycling:  Recycler (NSLOCR) must haul “residual material” (trash in recycle material delivered by AWA) to CGLF, and provide quarterly report of same to City. B. Solid Waste Collection. In 2008 the City renewed an agreement with Atascadero Waste Alternatives (AWA), a subsidiary of Waste Management Corporation. The agreement provides for the curbside collection of trash, commingled recyclables and green waste within City limits. AWA has been the curbside waste c ollection provider since 1998. Key provisions of the agreement are:  Term: 7 years (Jan. 1, 2008 thru Jan.1, 2015) (City has option to extend agreement for three additional one-year periods through Jan. 1, 2018) ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D  AWA provides Spring and Fall citywide “Residential Clean-Up Day” at no charge.  AWA provides Creek Clean-Up Day support at no charge.  AWA directly bills and collects fees from users to cover collection, recycling and disposal of trash.  User rates are set by the agreement in place with the City. CPI adjustments (85% of current CPI) every other year on Jan. 1. Terms Related to Landfill:  All solid waste (trash) from City to be delivered to CGLF.  AWA pays CGLF current City per ton landfill rate. Terms Related to Recycling:  All collected curbside commingled recyclable and green waste materials to be delivered to NSLOCR facility in Templeton.  AWA pays NSLOCR $7/ton for delivered recyclable materials. o Material shall not exceed 10% by weight of trash (residual material).  AWA pays NSLOCR $27/ton for delivered green waste materials. C. Recycling / Green Waste. In 2004 the City entered into an agreement with North San Luis Obispo County Recycling, Inc. (NSLOCR) owned and operated by Brad Goodrow for the disposal of curbside recyclable and green waste materials originating within the City limits. The activity requires the operation of a Materials Recovery Facility, commonly referred to as a MRF (pronounced “murph”). Key provisions of the agreement are:  Term: 10 years (June 1, 2004 thru June 1, 2014) (City may approve up to 5-year extension to June 1, 2019).  Pays City $2/ton franchise fee for recyclable materials received. Terms Related to Collection:  Recyclable material and green waste delivered to NSLOCR Templeton facility. Terms Related to Landfill:  Recycler must haul “residual material” (sorted out trash mixed in with the recycle material delivered by AWA) to CGLF and pay current disposal fee. Agreement Timing Requirements The projected schedule to complete the solid waste collection and recycle program agreement renewals is: ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D  April 08, 2014 General discussion of services and renewal process  May 27, 2014 Approve renegotiated agreements or, approval to release a Request for Qualifications / Proposals.  August 2014 Approve new RFQ/RFP based collection / recycle agreement(s).  January 2015 New agreements in place with existing or new service provider(s). Transition plan may require short term extension of current agreements if new provider is selected. Staff is requesting direction tonight on whether to extend current agreements, enter into negotiations with current service providers to revise the agreements, or go out for new proposals for services in a request for qualifications and proposals. Industry Trends State Regulations are evolving over time and are anticipated to require higher levels of diversion of recyclable materials from landfills. There is current legislation being considered by the State that would raise the diversion rate from 50% to 75%. The current 5-cent “California Redemption Value” or “CRV” charge paid by consumers results in rebates to the solid waste industry, however these funds are anticipated to be reduced or eliminated in the near future. The elimination or reduction of these funds will impact solid waste industry as revenues to IWMA and MRF’s would decrease. This revenue loss would likely need to be made up with higher garbage rates to the public. Where do the CRV funds go? CalRecycle pays out collected CRV deposits to: 1. Rebates to consumers at Buy-Back Centers 2. Curbside recycling program funding 3. Conservation grants for environmental programs 4. Funding for supermarket based recycle centers, like Re-Planet 5. Grants and program funding that encourage recycling 6. Statewide public education programs 7. Program administration Currently almost all commingled recyclables are compacted, palletized and shipped to China in container ships where the material is processed back into re -useable materials for consumer products. Bill Worrell, the Executive Director of IWMA will be present at the City Council meeting to present information on his organization, what they do for the City, and address Council questions on industry trends in San Luis Obispo County and the State in general. Current Issues in Atascadero ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D Both the solid waste collection and recycling agreements are nearing their initial expiration dates. While both agreements have short term extension options available, the long-term planning and agreement issues needed to ensure stable and predictable rates for the public take time to execute should major changes be considered, or a new service provider be retained. What Influences Our Current Garbage Rates? Residents and business owners receive a single garbage bill from Atascadero Waste Management each month, but what influences that rate? Many of the cost associated with solid waste management are considered “pass through charges”; for example the per ton landfill rate of $42.00 per ton, the 10% City F ranchise fees, IWMA service charges, the commingled recyclable and green waste fee paid to NSLOCR just to name a few. All three components to the solid waste disposal process (landfill, collection and recycling) affect the rates paid by residents, and are included in a single bill managed by the solid waste collection provider. The unique setting of Atascadero, when compared to other cities, also influences the rates we pay for solid waste services. The larger more rural lot nature of Atascadero, along with rolling hillside terrain and miles of narrow roads causes more vehicle miles, vehicle maintenance, and higher staff time collecting materials. More compact cities with higher residential and commercial density tend to have more efficient solid waste operations, and lower garbage rates. Currently the three service providers provide several services to the City that are included in the current garbage rates. The City receives trash service to all City facilities, disposal of sludge from the wastewater plant, and disposal of animals killed on City streets at no charge. Atascadero Waste Alternatives is also required to assist the City with the Spring and Fall Residential Clean-Up Days, and Creek Clean-Up Day at no charge. Staff has also been working with AWA on keeping the recycling “Buy-Back Center” on San Luis Avenue open even after it was realized the current solid waste collection agreement doesn’t specifically require AWA to operate the center. As a gesture of good will to the City and the community, AWA agreed to operate the center until the franchise agreement was renegotiated or re-bid. With respect to the recycling component of the solid waste program, market forces in the recycled materials market can influence the viability of municipal re cycling programs. Typically aluminum and other metals, and bulk cardboard have had strong markets needing those materials and prices continue to improve. However glass, plastic and paper are more of a challenge. The materials often have to be stockpiled until wholesale prices improve making it viable to transport the materials to Los Angeles or the Bay Area for shipment overseas. North SLO County Recycling has made a substantial investment in permitting and constructing a north county composting operati on in Creston. The facility has the ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D capability of accepting wood construction waste and green waste and processing the materials into a rich organic compost material that can then be marketed back to consumers for landscaping and gardening purposes. This is another example of the innovation required to meet State diversion rates so those same materials don’t end up in our landfills. The City of Paso Robles in 2011 retained a consultant to prepare a financial and operational audit of their current provider. The commercial garbage rates from the study are included below. Staff has researched how Atascadero’s current residential garbage rates compare to our neighboring communities. The following is a summary of those findings: Residential Rates. (Using a standard 32-gallon cart as the unit for comparison) Commercial Rates. (Using a 1.5-cubic yard bin picked up once per week as the unit for comparison) 2014 32-gal Can Agency Population Local Hauler Weekly San Luis Obispo 44075 San Luis Garbage (WC)13.64$ Paso Robles 28677 Paso Robles Waste 25.02$ Atascadero 27800 Atasc Waste Alternatives (WM)20.58$ Arroyo Grande 17238 So. County Sanitation (WC)15.97$ Los Osos / Baywood Park 14351 Mission Country Disposal (WC)17.38$ Grover Beach 13200 So. County Sanitation (WC)14.77$ Nipomo CSD 12626 So. County Sanitation (WC)17.04$ Morro Bay 10391 Morro Bay Garbage (WC)15.18$ Pismo Beach 8640 So. County Sanitation (WC)14.51$ Oceano CSD 7260 So. County Sanitation (WC)13.24$ Cambria CSD 6233 Mission Country Disposal (WC)18.00$ Templeton CSD 4687 Midstate (Goodrow)23.80$ San Miguel / Shandon 2786 San Miguel Garbage (Kardasian)32.70$ ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D From 2011 Paso Robles Rate Study 1.5 yard Agency Population Local Hauler 1x/week San Luis Obispo 44075 San Luis Garbage (WC)94.95$ Paso Robles 28677 Paso Robles Waste 92.93$ Atascadero 27800 Atasc Waste Alternatives (WM)139.04$ Arroyo Grande 17238 So. County Sanitation (WC)82.49$ Los Osos / Baywood Park 14351 Mission Country Disposal (WC)76.76$ Grover Beach 13200 So. County Sanitation (WC)71.89$ Nipomo CSD 12626 So. County Sanitation (WC)68.66$ Morro Bay 10391 Morro Bay Garbage (WC)85.19$ Pismo Beach 8640 So. County Sanitation (WC)78.78$ Oceano CSD 7260 So. County Sanitation (WC)69.66$ Cambria CSD 6233 Mission Country Disposal (WC)70.76$ Templeton CSD 4687 Midstate (Goodrow)93.18$ San Miguel / Shandon 2786 San Miguel Garbage (Kardasian)105.90$ Atascadero rate includes 90-gal recycle, and 90-gal. green waste once per week ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D What’s on the City’s Wish List? There are several areas of the City’s maintenance and operatio ns that continue to present staffing and funding challenges to providing a high level of service to the residents of Atascadero. During preliminary discussions with the City’s solid waste provider, Staff has explored the potential for certain services to be contracted out to the solid waste collection provider (typical in many areas of California), namely:  Park trash collection – where exterior trash cans would be serviced once per week  Street sweeping – areas of town with curb, gutter and sidewalk would be swept regularly  Commercial Food Waste Program – pre-consumer waste collection for composting. Several other initiatives were identified by Staff as being important to City residents, including:  Local and convenient Buy-Back Center, and  Senior citizen discounted rates And a couple items suggested by AWA, namely:  Solar Powered “Big Belly” Recycling Units (3)  Free Document Shredding Day open to the public Analysis: Extend Existing Agreements: This option maintains the status quo, by maintaining the terms and conditions of the existing agreements. While this option produces a known outcome that is consistent with past performance, it does not take the opportunity to improve service levels to the City and the public, and fully coordinate the solid waste collection and recycling service. Staff feels an opportunity to broaden the benefit of these agreements would be lost. Renegotiate Agreements with Existing Providers: This option would open up the terms and conditions of the agreements through exclusive negotiations with the two current service providers, in exchange for increased time (additional years) to the term of their respective agreements. The two service providers have, in staff’s opinion, been good partners in serving Atascadero’s solid waste and recycling needs, and are known commodities. They have both provided the City with reliable service with little or no administrative burden, and responded well to the nee ds of the public. AWA currently serves over 8,400 accounts within Atascadero, most of which get trash, recycling and green waste service every week. That is over 1.3-million service “touches” community ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D wide per year. In the past five years City Staff has responded to less than ten complaints that were not handled directly by AWA to a customer’s satisfaction. Staff is confident, based on past dealings with both providers, that good faith negotiations could be productive. Any negotiations would be based on providing the best possible service to the community at the lowest cost, and ultimately would be considered and debated at a public hearing. Staff would develop a new scope of service, followed by an open dialogue where modifications could be negotiat ed to capture efficiencies not readily apparent at the onset. This flexibility would give both sides the opportunity to shape the services in a manner that meets both parties ’ needs while ensuring the public’s best interests are maintained. This flexibil ity could not be achieved in the more rigid nature of an RFP where all proposals would be forced to comply with a pre-determined scope of service. All City agreements and contracts for services are open to public review, scrutiny and input. Both the RFQ/RFP process and the negotiated contract alternative have similar levels of public input and involvement. Tonight’s discussion and public forum are examples of the public’s opportunity to be involved. The public would again be involved when the proposed agreements are brought back to Council for approval. Should negotiations for some unknown reason be unproductive or untimely, there would still be adequate time to proceed to a back-up plan, namely going out for an RFP/RFQ process and entertain multiple proposals from other providers. Providers agreements need to be in place at least six months in advance of any change in provider to allow for an orderly transition. Request for Proposal / Qualifications (RFP/RFQ): This process for selecting a provider would be a similar process to that used for procuring professional services under the City’s purchasing policy. As with professional services, both the expected quality of the service and the price must be considered when selecting a provider. A very low co st provider that could not perform the work in a consistent manner would not serve the community well. Conversely a very high cost provider that gives amazing service may also not be in the best interest of the community. All aspects of a potential provi der would need to be examined to come to a decision on which provider would be best for our community. Staff (with the help of a consultant) would have to develop a thorough scope of service that clearly sets out the City’s goals and services desired in a very black and white, fully defined up front manner. Numerous potential providers would then submit proposals outlining qualifications, experience, financial condition, capacity, references, costs and other information requested in the RFP/RFQ. A select ion committee consisting of City staff and industry professionals would evaluate the proposals based on the specific evaluation factors such as: ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D 1. General quality and responsiveness to the request, including but not limited to:  Responsiveness to the terms, conditions, and items of performance;  Completeness and thoroughness of the proposal;  Grasp of the work to be performed, and approach to be used. 2. Organization and personnel making the proposal:  Evidence of good organizational and management practices.  Qualification of the personnel.  Specialized experience of the provider and its personnel relative to the required services.  References who can be contacted to verify past record of performance (i.e., completion of a quality product in a timely manner an d within budget constraints).  The financial condition of the provider.  Capacity of the provider to perform the work within a required timeframe.  Commitment to the environment.  Proven track record of customer service.  Operational integrity.  Innovative programs and services.  Equipment maintenance and reliability.  Breadth of services provided. 3. The price  Total price and price breakdown. Based on the selection committee evaluation, staff would recommend to the Council the provider that best meets the needs of the City. Similar to the negotiation process, Council would then hold a public meeting to approve the recommendation. The advantage of the RFP / RFQ process is the providers have one shot to bring forward their best offer and they may be motivated to operate on a smaller profit margin to ensure their proposal is looked upon favorably. All would “sharpen their pencil” to provide the City the requested service at the lowest cost, making assumptions of how they would be able to achieve the end result. This could mean lower costs for our community. There are also disadvantages to this method of reaching agreements with providers. Under the RFP/RFQ method, staff would spend significant time verifying the level of service provided by a prospective provider in other jurisdictions, evaluating financial records to prove long-term viability, and developing detailed agreements that minimize any misunderstandings. The RFP/RFQ method is also more rigid in nature and does not allow a lot of back and forth exchange of information. Because the communication is more limited in nature to give all participants the same information, there are often more misunderstandings later in the contract. Much like the construction agreements ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D we execute on capital projects, once in place the scope of work is often debated, the meaning of terms and conditions disputed, and the manner in which service is provided may need to be carefully monitored. While this process has its unique challenges it is not unfamiliar to staff , and staff certainly feels it is a viable option for Council to consider and or select. Should the City Council select the direct re-negotiation option or the RFP / RFQ process, there would be several recommended objectives: 1. Modify the recycling and solid waste collection agreement timelines so they coincide, allowing the City to more easily modify terms, or make inter-related changes to the agreements.  Payment options, tipping fees, operational improvements, improved customer service programs. 2. Include additional services to be provided by the providers  Recycle Center operation, commercial food recycling, composting, street sweeping, trash collection, and other environmental services. 3. New location of processing and transfer station.  Locate transfer station at an appropriate industrial site. 4. Respond to changing industry trends and programs  Greenhouse gas reduction via use of vehicles powered by compressed natural gas (CNG). Public Benefit The City’s goal is to provide the best service at the lowest cost to the public. New agreements could provide improved environmental services related to trash, storm water pollution prevention, and recycling that are provided in other communities. New agreements will afford the City the opportunity to add addi tional services at a competitive price. Integrated Waste Management Agency (IWMA) staff has identified the following services that are now common in solid waste agreements: 1. Senior citizen reduced rate. 2. Food waste collection and recycling / composting for commercial customers. 3. Regular street sweeping of all areas with curb, gutter and sidewalk assisting agencies in meeting new storm water regulations. 4. Collection of solid waste at agency facilities, for example parks, bus stops, agency buildings / parking lots, such as Community Centers. 5. Recycling buy-back centers. 6. Community “Clean Up Day” services. ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D Summary: The initial term of the City recycling agreement with NSLOCR expires on June 01, 2014, and the agreement contains provisions for a five year extension to 2019. Similarly the solid waste collection agreement with AWA is set to expire on January 01, 2015, and the agreement contains provisions for three one-year extensions to 2018. The City now has the opportunity to secure long term agreements for solid waste and recycling into the future, and improve on the level of service offered by its providers. A basic decision point is whether to proceed status quo by extending the current agreements, or take the opportunity to modify the level of services provided to the City and the public either through direct renegotiation with the providers, or by a Request for Proposal/ Request for Qualifications (RFP/RFQ) process. There are pros and cons for each option. The following is a list of the key decision points: Recycling Agreement: 6. Extend existing agreement for up to 5-years under the current agreement terms. 7. Enter into negotiations with NSLOCR for a n agreement extension with new terms and conditions to the agreement. 8. Circulate a new RFP / RFQ for a potential new vendor and agreement. 9. Combine recycling agreement with solid waste collection, or keep separate. Solid Waste Collection: 5. Extend agreement for up to 3-years under the current agreement terms. 6. Enter into negotiations with AWA for an agreement extension with new terms and conditions to the agreement. 7. Circulate a new RFP / RFQ for a potential new vendor and agreement. Recommendation: Staff recommends that the City renegotiate long term agreements with the existing providers. The additional services outlined above should be included in those negotiations, with the goal being agreements for a higher level of service at little or no increase in garbage rates. Staff feels the economic benefit to the two companies in question, and longer agreement periods will be enough of an incentive to result in the additional services at the same cost to the public. ALTERNATIVES: 1. Council may provide staff direction to extend agreements with the existing service providers for solid waste collection and recycling. Staff does not ITEM NUMBER: C-1 DATE: 06/10/14 ATTACHMENT: D recommend this option as staff feels that there are opportunities to modify the agreement to obtain more services at no or little cost. 2. Council may provide staff direction to prepare a request for qualifications / proposals for combined solid waste curbside collection and recycling processing services. Council should weigh the benefits of a focused negotiation process, where the service providers are a known quantity, verses an RFP process that would likely involve the five firms that provide similar service to communities within San Luis Obispo County. A new provider may or may not prove, in the future, to be a challenge to administer, and achieve and maintain the contracted level of service. A combined contract may offer opportunities for the providers to achieve economies for the combined services. 3. Council may provide staff direction to prepare a request for qualifications / proposals for separated solid waste curbside collection and recycling processing services. Council should weigh the benefits of a focused negotiation process, where the service providers are a known quantity, verses an RFP process that would likely involve the five firms that provide similar service to communities within San Luis Obispo County. A new provider may or may not prove, in the future, to be a challenge to administer, and achieve and maintain the contracted level of service. FISCAL IMPACT: In discussion with the staff at IWMA it is suspected that a new agreement, even with the potential additional services, could result in a no increase or minimal increase in monthly garbage rates to City residents and businesses. Through this process the City could also fund improved compliance with State storm water r egulations (i.e. street sweeping and trash removal). Similarly Parks and Zoo staff could focus more time maintaining City facilities and less time manually sweeping streets and parking lots, and emptying trash and recycling cans. City revenues from landfill tipping fees would be unaffected. ATTACHMENTS: None