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29. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, at City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF NEWARK, CSG Consultants, Inc.
a municipal corporation a California Corporation
By By
City of Newark Consultant (Signature & Title)
Date Date
Printed Name
Attest:
City Clerk
Date
Approved as to form:
City Attorney
Date
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EXHIBIT A
SCOPE OF SERVICES
Plan Checking, On Call inspection services – The consultant shall provide all equipment, services, and work required to review and inspect building plans and permit applications, including, but not limited to, major building permit construction documents and perform requested services. The type of improvements to be reviewed and inspected include but are not limited to: commercial, industrial, and residential construction drawings for new construction, additions, tenant improvements, or alterations.
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EXHIBIT B
PAYMENT
BUILDING DIVISION SERVICES
CSG’s fee schedule for proposed work is provided below. If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service. This service is provided at no additional cost. Plan review is based on a percentage of the agency’s plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below. RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency.
PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY
RATE
Off-Site Building Plan Review (by Percentage)
Full Building Plan Review by Percentage 65% of Agency’s Building Plan Check Fees
Structural Only Plan Review by Percentage 50% of Agency’s Building Plan Check Fees
Expedited Plan Review by Percentage 95% of Agency’s Building Plan Check Fees
Off-Site Building Plan Review (Hourly)
Building Plan Review $135
Structural Only Plan Review $165
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
Building Department Services
Permit Technician $100
Senior Permit Technician $110
Certified Building Inspector $120
Senior Building Inspector $130
Building Official $160
Code Enforcement Services
Code Enforcement Officer (Certified) $130
Fire Prevention Services
Fire Plan Review $135
Fire Plan Review – Fire Protection Engineer $250
Expedited Plan Review 1.5 x Hourly Rate
Senior Fire Inspector $135
Fire Inspector $115
Fire Marshal $160
Fire Permit Technician $100
All hourly rates include salaries, benefits, workers compensation insurance, local travel, and miscellaneous office expenses. Should the scope of work change, or circumstances develop Packet Page 399
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which necessitate special handling, CSG will notify the Agency prior to proceeding. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. Depending on project size and scope, CSG’s percentage-based expedited plan review rate may be adjusted if mutually agreed upon between the Agency and CSG. Hourly rates for publicly funded projects will be based on current prevailing wage rates.
On July 1 of each year following the contract start year, CSG will initiate an hourly rate increase based on change in CPI for the applicable region. CSG will mail an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.
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EXHIBIT C
QUALIFICATIONS
This firm has demonstrated its ability to support Newark’s Building Inspection Division quality and level of service through references, interviews, and qualifications of available staff.
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CONTRACTUAL SERVICES AGREEMENT
CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this day of , 20 by and between the CITY OF NEWARK, a municipal corporation (“City”), and TRUE NORTH COMPLIANCE SERVICES, INC., a Corporation (“Consultant”), collectively the “Parties”.
W I T N E S S E T H:
WHEREAS, City requested proposals to perform the services generally including: ON CALL INSPECTION AND PLAN REVIEW SERVICES.
WHEREAS, in response to City’s request, Consultant submitted a proposal and, after negotiations, Consultant agreed to perform the “Services” more particularly described in Exhibit “A”, in return for the compensation described in this Agreement and Exhibit “B”.
WHEREAS, in reliance upon Consultant’s documentation of its qualifications, as set forth in Exhibit “C”, City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested Services.
NOW, THEREFORE, the Parties hereto agree as follows:
1. CONSULTANT’S SERVICES. Consultant shall perform Services described, and in the time, place, and manner specified in Exhibit “A” in accordance with the terms and conditions of this Agreement. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit “A”, the Agreement shall control.
2. TIME FOR PERFORMANCE. Time is of the essence in the performance of Services under this Agreement and Consultant shall generally adhere to the schedule set forth in Exhibit “A”; provided, that City shall grant reasonable extensions of time for the performance of such Services occasioned by governmental reviews of Consultant’s work product or other unavoidable delays occasioned by circumstances, provided, further, that such unavoidable delays shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to Consultant.
Consultant acknowledges the importance to City of City’s performance schedule and agrees to put forth its best professional efforts to perform its Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound professional practices.
3. COMPENSATION.
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A. “Not to Exceed” Compensation. City shall compensate Consultant for all Services performed by Consultant hereunder in an amount based upon Consultant’s hourly or other rates set forth in Exhibit “B”. The payments specified in Exhibit “B” shall be the only payments to be made to Consultant for Services rendered pursuant to this Agreement.
Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of Three Hundred Thousand and No/100 Dollars ($300,000.00) per fiscal year unless the performance of services pursuant to City Council Resolution No. , and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services and/or incurring such costs and expenses, evidenced in writing as Additional Services by Task Order (see Section 4.
Additional Services of this Agreement).
B. Method of Billing. To request payment, Consultant shall submit monthly invoices to City identifying Services performed and the charges therefore (including an identification of personnel who performed Services, hours worked, hourly rates, and reimbursable expenses), based upon Consultant’s billing rates (set forth on Exhibit “B” hereto).
Consultant shall submit all billings for said Services to City in the manner specified in Exhibit “B”; or, if no manner is specified in Exhibit “B”, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City.
Invoices shall be sent to:
City of Newark
Public Works Department
37101 Newark Blvd.
Newark, CA 94560
Upon completion of Services, City shall sign off and acknowledge that all terms and conditions have been satisfactorily met; upon which, unless waived by City in writing, Consultant shall prepare an itemized statement, briefly describing by task and/or labor category the items billed.
C. Payment. Upon receipt of billing, City shall make payments to Consultant on a monthly basis, or at such other times as may be specified in Exhibit “B”, for Services, which are performed in accordance with this Agreement to the satisfaction of City.
D. Consultant’s Failure to Perform. In the event that Consultant performs Services that do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from City, re-perform the services (without additional compensation to Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to City, Consultant shall reimburse City for the damages incurred (which may be charged as an offset to Consultant’s payment).
4. ADDITIONAL SERVICES. In the event City desires the performance of additional services not otherwise included within Services, such services shall be authorized by written Task Order approved in advance of the performance thereof. Such Task Order shall Packet Page 403
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include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the Parties deem appropriate for the accomplishment of such services.
Except to the extent modified by a Task Order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order. City Manager shall have approval authority up to a maximum of 10% of the Not to Exceed Compensation or $30,000, whichever is greater for such Additional Services.
5. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be, and is an independent consultant and shall not be an employee or agent of City. Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s Services; however, City shall not have the right to control the means by which Consultant accomplishes Services.
Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
6. PERSONNEL. Consultant understands that, in entering into this Agreement, City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of Consultant, including the qualifications of its Authorized Representative, its designated personnel, and its subconsultants, if any, identified in Exhibit “C”.
Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or subconsultants identified in Exhibit “C”, without the prior written consent of City.
All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.
In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any of Consultant’s designated personnel or subconsultants, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.
7. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services.
8. INFORMATION AND DOCUMENTATION.
A. Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of Services. If Consultant believes additional information is required, Consultant shall promptly notify City and City will provide to Consultant all relevant non-privileged information in City’s possession.
B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs Packet Page 404
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and expenses related to this Agreement, including personnel, subconsultants’ invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.
C. Ownership of Work Product. All original documents prepared by Consultant (including its employees and subconsultants) for this Agreement (“Work Product”), whether complete or in progress, are the property of City and shall be given to City at the completion of Consultant’s Services, or upon demand of City. Consultant shall have a right to make and keep copies of the Work Product except for any confidential information. Consultant shall not reveal the Work Product or the confidential information contained in the Work Product, or make it available, to any third party without the prior written consent of City.
9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. Consultant shall comply with all requirements of the Political Reform Act (California Government Code Section 81000, et seq.) and other laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, any contract with City (including this Agreement) involving Consultant’s conflicting interest may be terminated by City.
10. NONDISCRIMINATION. Consultant shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Consultant shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, age, or any other basis, as defined in California Civil Code Section 51.
11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. Consultant shall perform Services using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.
12. INSURANCE. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, subconsultants, or employees.
A. Verification of Coverage.
Consultant shall furnish City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require Packet Page 405
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complete, certified copies of all required insurance policies, including endorsements that affect the coverage required by these specifications at any time. Consultant shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.
B. Minimum Scope of Insurance.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto), or Code 8 (hired) and 9 (non-owned) if consultant has no owned autos.
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.
C. Minimum Limits of Insurance.
Consultant shall maintain limits no less than:
1. General Liability:
(including products-completed
operations, personal and
advertising injury)
$1,000,000 per occurrence for bodily
injury, personal injury, and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence or claim.
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D. Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its officers, officials, directors, employees, and volunteers, or (b) Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
E. Claims Made Policies.
For all “claims made” coverage, in the event that Consultant changes insurance carriers Consultant shall purchase “tail” coverage or otherwise provide for continuous coverage covering the Term of this Agreement and not less than five (5) years thereafter. Proof of such “tail” or other continuous coverage shall be required at any time that the Consultant changes to a new carrier.
F. Wasting Policies.
No policy required by this paragraph 12 shall include a “wasting” policy limit (ie. limit that is eroded by the cost of defense).
G. Remedies.
In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
2. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
3. Terminate this Agreement.
H. Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
I. Other Insurance Provisions.
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
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1. Additional Insureds. City, its officers, officials, directors, employees and volunteers are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of Consultant; including materials, parts or equipment furnished in connection with such work or operations.
2. Primary Insurance. For any claims related to these Services, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, directors, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, directors, employees, or volunteers shall be excess of Consultant’s insurance and shall not be contribute with it.
3. Notice of Cancellation. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to City.
Similarly, no major change in coverage, expiration, or nonrenewal will be made during the term of this Agreement.
4. Civil Code § 2782. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.
5. Qualifications. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
6. Subconsultants. Consultant shall include all subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant.
All coverages for subconsultants shall be subject to all of the requirements stated herein.
7. Waiver of Subrogation. With respect to Workers’ Compensation and Employer’s Liability Coverage, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, directors, employees, agents, and volunteers for losses arising from work performed by Consultant for City.
8. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this paragraph 12 is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage or renewal may be treated by City as a material breach of this Agreement.
9. Variation. The Risk Manager of City may approve a variation in these insurance requirements upon a determination that the coverage, scope, limits, and form of such insurance are either not commercially available or that City’s interests are otherwise fully protected. Any variation granted shall be done in writing and shall be made a part of this Agreement as Appendix “A”.
13. REPORTING DAMAGES. If any damage (including but not limited to death, personal injury or property damage) occurs in connection with the performance of this Packet Page 408
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Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 18, hereinbelow) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and address(es) of witnesses, (c) name(s) and address(es) of Consultant’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.
14. INDEMNIFICATION/SAVE HARMLESS. To the fullest extent permitted by law, the Consultant shall: (1) immediately defend, and (2) indemnify City, its, officers, officials, directors, employees, and volunteers from and against all liabilities regardless of nature or type arising out of or resulting from Consultant’s performance of Services, or any negligent or wrongful act or omission of Consultant or Consultant’s officers, employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Consultant’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
The duty to defend is a separate and distinct obligation from Consultant’s duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by City immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Consultant from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Consultant may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.
The review, acceptance or approval of Consultant’s work or Work Product by any indemnified party shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This paragraph survives completion of Services or the termination of this contract.
The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or Packet Page 409
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(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.
15. LICENSES, PERMITS, ETC. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. In addition to the foregoing, Consultant shall obtain and maintain during the term hereof a valid City of Newark Business License.
16. TERM/TERMINATION.
A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire in three (3) years from said date or the Agreements may be extended up to two (2) additional one (1) year terms as authorized by the City Manager.
B. Notwithstanding the provisions of paragraph 16 section A above, either party may terminate this Agreement without cause by giving written notice thereof not less than ten (10) days prior to the effective date of termination, which date shall be included in said notice. In the event of such termination, City shall compensate Consultant for Services rendered and reimburse Consultant for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the Services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to City hereunder.
17. CONTRACT ADMINISTRATION. This Agreement shall be administered by PUBLIC WORKS DIRECTOR of the City of Newark (“Administrator”). All correspondence shall be directed to or through the Administrator or his/her designee.
18. NOTICES. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, first class (or equivalent) postage prepaid and addressed, in the case of Consultant, to:
TRUE NORTH COMPLIANCE SERVICES, INC. CITY OF NEWARK
Isam Hasenin CHIEF BUILDING OFFICIAL
President Administrator
True North Compliance Services, Inc
Attn: Isam Hasenin
1336 N. Carolan Ave, #106
Burlingame, Ca 94010
City of Newark
Attn: Chief Building Official
37101 Newark Boulevard
Newark, CA 94560
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19. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.
20. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
21. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties’ intent under this Agreement.
22. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.
23. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
24. ASSIGNABILITY. Neither Consultant nor City shall subconsult, assign, sell, mortgage, hypothecate, or otherwise transfer their respective interests or obligations in this Agreement without the express prior written consent of the non-transferring party.
25. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
26. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
27. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.
28. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Consultant and City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
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29. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, at City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF NEWARK, True North Compliance Services, Inc.
a municipal corporation a California Corporation
By By
City of Newark Consultant (Signature & Title)
Date Date
Printed Name
Attest:
City Clerk
Date
Approved as to form:
City Attorney
Date
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EXHIBIT A
SCOPE OF SERVICES
Plan Checking, On Call inspection services – The consultant shall provide all equipment, services, and work required to review and inspect building plans and permit applications, including, but not limited to, major building permit construction documents and perform requested services. The type of improvements to be reviewed and inspected include but are not limited to commercial, industrial, and residential construction drawings for new construction, additions, tenant improvements, or alterations.
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EXHIBIT B
PAYMENT
A. PLAN REVIEW SERVICES
True North proposes to charge 65% of the City’s total Plan Review Fee for our plan review services. Our fee includes initial review and all subsequent rechecks. Our fee includes shipping and delivery of plans to/from City Hall. Expedited Plan Check services will be charged at 150% of the proposed fees.
Revisions/Deferred Submittals/RFIs will be billed using the hourly rate table below.
Additional Services: The following hourly rate table applies to on-site staffing services and/or additional services included in our Scope of Services that may be required by the City of Newark. Our hourly rates are all-inclusive and include salaries, overhead, benefits, PTO, etc.
B. Hourly Rates for Additional Services
Position Hourly Rate
Interim Certified Building Official $155.00
Plan Review Engineer $130.00
Senior Plan Review Engineer $145.00
Structural
Engineer
$150.00
Senior Structural Engineer $165.00
Certified Engineering
Geologist/Geotechnical Engineer
$155.00
Licensed Fire Protection Engineer $155.00
Certified Plans Examiner I $100.00
Certified Plans Examiner II $115.00
Building/Housing Inspector I $100.00
Building/Housing Inspector II $115.00
Senior Building/Housing Inspector $125.00
Code Enforcement Officer $100.00
CASp Plan Reviewer/Inspector $135.00
Fire Plan Reviewer/Inspector I $120.00
Fire Plan Reviewer/Inspector II $135.00
Grading/Public Improvements Plan Review
Engineer I
$140.00
Grading/Public Improvements Plan Review
Engineer II
$155.00
Planner $145.00
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EXHIBIT C
QUALIFICATIONS
This firm has demonstrated its ability to support Newark’s Building Inspection Division quality and level of service through references, interviews, and qualifications of available staff.
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Item D. 14.
DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Michelle Villanueva, Senior Accountant
SUBJECT Adopt a resolution establishing the Fiscal Year 2024 Tax Appropriations Limit SUMMARY AND RECOMMENDATION
In accordance with legislation, the governing body of each local jurisdiction in California must, by resolution, establish a Tax Appropriations Limit (also referred to as the GANN Limit) prior to the beginning of each fiscal year. The Tax Appropriations Limit is based on actual appropriations during the State of California Fiscal Year 1978-79 and adjusted each year using population and inflation adjustment factors. Staff recommends that the City Council, by resolution, establish a Tax Appropriations Limit and update the annual adjustment factors for Fiscal Year 2024.
BACKGROUND
In November 1979, California voters approved Proposition 4 (the Gann Initiative) that added Article XIIIB to the State Constitution. Implementation of the provisions of Article XIIIB became effective January 1, 1981. The State Legislature added Division 9 (commencing with Section 7900) to Title I of the Government Code to implement Article XIIIB as amended with Proposition 98 in 1988 and Proposition 111 in 1990, which California voters approved on June 5, 1990.
Proposition 111 allows local jurisdictions to choose among measures of inflation and population growth to compute the adjustment factor. The measures for inflation (price factors) include growth in California per capita income or growth in the City’s gross assessed valuation due to new non-residential construction; while measures for population growth include population growth within the county or city.
In 2022, state policy required local agencies to report state subventions that would cause them to exceed local appropriations limits. The state would then count those that exceeded the local limits, at the state level instead. The state budget excluded certain local subventions from their limit, to avoid exceeding the Gann Limit. Local agencies must now include the state subventions within their appropriation limits.
DISCUSSION/ANALYSIS
On June 23, 2022, the City Council adopted Resolution No. 11369 establishing the Packet Page 416
On June 23, 2022, the City Council adopted Resolution No. 11369 establishing the Fiscal Year 2023 Tax Appropriations Limit to $486,856,508. The City’s Tax Appropriations Limit was calculated using the percentage change in California per capita income as the price factor adjustment since the local assessment roll data necessary to calculate the percentage change in the nonresidential assessed valuation is generally not available from the County Assessor’s Office until well into the fiscal year. In the absence of final information on this important factor, it is recommended that the known California per capita personal income of 4.44 percent be adopted for Fiscal Year 2024. For the population adjustment factor, it is recommended that the City’s percent change in population of 0.66 percent be adopted for Fiscal Year 2024 since the higher percentage change in population is most advantageous to the City.
In accordance with Proposition 111 guidelines, and based on the above information, the proposed Fiscal Year 2024 Tax Appropriations Limit is $511,828,858. The 2023-2024 Biennial Budget appropriations subject to the limit are estimated to be well below the proposed Tax Appropriations Limit.
FISCAL IMPACT
There is no fiscal impact associated with this action.
REVIEW AND APPROVAL
Prepared by - Michelle Villanueva, Senior Accountant
Reviewed by - Gloria del Rosario, Accounting Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Tax Appropriations Limit Resolution
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK ESTABLISHING THE TAX APPROPRIATIONS
LIMIT AND UPDATING THE ANNUAL ADJUSTMENT
FACTORS FOR FISCAL YEAR 2024
WHEREAS, pursuant to Article XIIIB of the Constitution of the State of California, the City Council of the City of Newark has established a "Tax Appropriations Limit" for Fiscal Year 2024; and
WHEREAS, the provisions of Article XIIIB became effective January 1, 1981 requiring the governing body of each local jurisdiction in California to establish a Tax Appropriations Limit (also referred to as the GANN Limit) prior to the beginning of each fiscal year by resolution; and WHEREAS, Proposition 111 allows local jurisdictions to choose among measures of inflation and population growth to compute the adjustment factor. The measures for inflation (price factors) include growth in California per capita income or growth in the City's gross assessed valuation due to new non-residential construction; while measures for population growth include population growth within the county or city; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark, in accordance with Proposition 111 guidelines, and based on the known adjustment factors of
4.44 percent change in California per capita income and a 0.66 percent change in the population growth for the City of Newark, hereby establishes the amount of $ 511,828,858 as the Tax Appropriations Limit for Fiscal Year 2024.
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Item D. 15.
DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Neal Hornbeck, Assistant Maintenance Superintendent SUBJECT Adopt a resolution approving an amendment to the Contractual Services Agreement with Gachina Landscape Management, Inc. to increase the contractual not-to-exceed amount for additional landscape maintenance services and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 SUMMARY AND RECOMMENDATION
Gachina Landscape Management, Inc. (GLM) entered into a Contractual Services Agreement with the City of Newark for Park and Landscape Maintenance Services, City-owned properties and Landscaping and Lighting District properties in March 2021.
GLM currently provides landscape maintenance services to the Civic Center property as well as contracted Landscaping and Lighting District locations and numerous medians and roadside landscaped areas owned and maintained by the City. With the additional areas of responsibility for landscape maintenance, the annual not-to-exceed amount needs to be increased by $48,000 to total $370,000 for Fiscal Year 2024.
Staff recommends that the City Council approve an amendment to the Contractual Services Agreement with Gachina Landscape Management, Inc. to increase the not-to-exceed amount by $370,000 to $870,000 total through Fiscal Year 2024. Staff further recommends an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024.
BACKGROUND
In March 2021, the City awarded a landscape maintenance services Contractual Services Agreement to Gachina Landscape Maintenance, Inc. (GLM). At the time, the initial not-to-exceed amount was $248,000 for each of two initial fiscal year periods through Fiscal Year 2023. Actual expenditures through June 30, 2023 may be slightly higher, but are not estimated to exceed $500,000. The areas covered under the agreement included the Assessment Districts and numerous medians and roadside landscape areas and was expanded in 2022 to include the Newark Civic Center. GLM has met expectations over the course of the landscape maintenance contract to date.
For several years, Landscaping and Lighting District No. 18 had been maintained by City staff, with supplemental work provided by GLM. A large portion of the landscaped area within Landscaping and Lighting District No. 19 in the Bayside Newark area has also been accepted by the City which now requires that landscape maintenance services be managed by the Maintenance Division. The additional landscape Packet Page 419
maintenance area is significant. In order to maintain landscaping levels in a manner consistent with City standards, it is necessary to increase the amount of landscape maintenance work in both Landscaping and Lighting District Nos. 18 and 19 through the use of contract services.
DISCUSSION/ANALYSIS
Staff recommends approving an amendment to the Contractual Services Agreement with GLM to increase the not-to-exceed amount by $370,000 for landscape maintenance services during Fiscal Year 2024, resulting in a total contractual not-to-exceed amount of $870,000 through Fiscal Year 2024. This not-to-exceed increase would provide contractual authority for the landscape maintenance services currently being provided by GLM, including ongoing landscape maintenance at the Civic Center, as well as the addition of the Landscaping and Lighting District Nos. 18 and 19 landscape maintenance services in Fiscal Year 2024. In addition, a small portion of the funds allocated to the increase will be held to encompass any possible irrigation or vandalism issues that may arise.
The Fiscal Year 2023 budget was expanded to include $45,000 for landscape maintenance services at the Newark Civic Center, but not beyond. Staff is recommending that the Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 be increased by $48,000 for continuation of these landscape maintenance services.
The current contract with GLM allows for potential future one-year extensions for Fiscal Years 2025 and 2026. Staff will continue to closely evaluate the performance of GLM.
Recommendations for amendments, if any, to increase the contractual not-to-exceed compensation amounts for Fiscal Years 2025 and 2026 will be provided for the City Council's consideration at a future date.
FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan is projected to include approximately $322,000 for contractual landscape maintenance services in Fiscal Year 2024. Staff recommends amending the 2022-2024 Biennial Budget and Capital Improvement Plan to increase the Landscape and Parks Maintenance Operating budget in the amount of $48,000 for Fiscal Year 2024 for ongoing landscape maintenance services at the Newark Civic Center with funds from the Maintenance Cost Center, a portion of the City's general fund.
REVIEW AND APPROVAL
Prepared by - Neal Hornbeck, Assistant Maintenance Superintendent Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
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Gachina Resolution
Amendment
Gachina Landscape CSA
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING AMENDMENT NO. 1 TO THE
CONTRACTUAL SERVICES AGREEMENT WITH GACHINA
LANDSCAPE MANAGEMENT, INC. TO INCREASE THE
TOTAL NOT-TO-EXCEED AMOUNT FOR ADDITIONAL
LANDSCAPING SERVICES AND AMENDMENT OF THE
BIENNIAL BUDGET AND CAPITAL IMPROVEMENT PLAN
WHEREAS, the City of Newark awarded a Contractual Services Agreement to Gachina Landscape Management, Inc. for landscape maintenance services; and WHEREAS, the initial not-to-exceed amount for the contract was established at $248,000 per fiscal year; and
WHEREAS, the contract expenditures for the first two years through June 30, 2023 are estimated at $500,000; and
WHEREAS, there is a need for additional landscape maintenance services to be provided by Gachina Landscape Maintenance, Inc., including ongoing maintenance at the Newark Civic Center and increased maintenance work in Landscaping and Lighting District Nos. 18 and 19; and WHEREAS, staff has identified a need to amend the Contractual Services Agreement to increase the not-to exceed amount through Fiscal Year 2024 for landscape maintenance services; and
WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2023 included a budget increase for Fiscal Year 2023 in the amount of $45,000 for landscape maintenance services at the Newark Civic Center that should be extended through Fiscal Year 2024 in the amount of $48,000.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves Amendment No. 1 to the Contractual Services Agreements with Gachina Landscape Management, Inc., to increase the not-to-exceed amount of the Contractual Services Agreement by $370,000 for Fiscal Year 2024 to $870,000 total, with any written task orders approved by the Public Works Director based on previously approved budgetary sources.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the above Contractual Services Agreement amendment, on file with the City Clerk, in a form approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 as follows:
To: 140.60.064.643.6221 $ 48,000
From: 140.3000 $ 48,000
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1 FIRST AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT
BETWEEN THE CITY OF NEWARK AND
GACHINA LANDSCAPE MAINTENANCE,
INC.
This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and Gachina Landscape Maintenance, Inc., a California corporation ("Consultant") (sometimes referred to as "Parties") dated March 31, 2021 (the “Agreement”), is entered into as of , 2023 for ongoing park and landscape maintenance services at City parks, streets, and other City-owned property, including assessment district properties.
RECITALS
WHEREAS, the Parties executed the Agreement for the purpose of having Consultant perform ongoing park and landscape maintenance services at City parks, streets, and other Cityowned property, including assessment district properties; and WHEREAS, Section 27, Modifications, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Agreement initially included a not-to-exceed amount of $248,000 per fiscal year; and
WHEREAS, the City has the option to extend the Agreement for up to four additional fiscal years through Fiscal Year 2026; and
WHEREAS, the Parties again desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount for the anticipated services in Fiscal Year 2024 to $370,000 resulting in a total cumulative not-to-exceed amount of $870,000 for the Agreement through Fiscal Year 2024; and
WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.
NOW, THEREFORE, the Parties hereby agree as follows:
1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not-to-exceed compensation amount during Fiscal Year 2024 to $370,000 and the total cumulative not-to-exceed compensation to $870,000 for the Agreement through Fiscal Year 2024.
2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
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2 CITY OF NEWARK GACHINA LANDSCAPE
MAINTENANCE, INC.
_________________________________ By:
David J. Benoun
City Manager
Printed Name
Dated: ___________________________ Dated:
Attest:
__________________________________
Sheila Harrington
City Clerk
Approved as to Form:
__________________________________
Kristopher J. Kokotaylo
City Attorney
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Item D. 16.
DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Michelle Villanueva, Senior Accountant
SUBJECT Adopt a resolution authorizing the City Attorney to execute a Certification and Mutual Indemnification Agreement with the County of Alameda for Fiscal Year 2024 SUMMARY AND RECOMMENDATION
The City currently has an agreement with Alameda County that authorizes the collection of various taxes, assessments, and fees on the secured property tax roll.
Staff recommends that the City Council, by resolution, authorize the City Attorney to execute a Certification and Mutual Indemnification Agreement with the County of Alameda for Fiscal Year 2024.
BACKGROUND
Since the passage of Proposition 218 in 1996, the County has required that each agency or district sign an annual statement certifying that each assessment, fee, and/or special tax placed on the tax roll meets the requirements of Proposition 218.
DISCUSSION/ANALYSIS
Staff has reviewed each of the City's taxes, assessments, and fees to ensure compliance with the proposition. It is the opinion of the City Attorney that the City's taxes, assessments, and fees are in compliance with Proposition 218 requirements and the City is able to sign the certification. Staff and the City Attorney perform this evaluation on an annual basis.
FISCAL IMPACT
There is no fiscal impact associated with this action.
REVIEW AND APPROVAL
Prepared by - Michelle Villanueva, Senior Accountant
Reviewed by - Gloria del Rosario, Accounting Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
691_Mutual_Indemnification_RESO
Packet Page 449
691_Mutual_Indemnification_RESO
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE CITY ATTORNEY TO SIGN A
CERTIFICATION AND MUTUAL INDEMNIFICATION
AGREEMENT WITH THE COUNTY OF ALAMEDA
WHEREAS, the City of Newark has an agreement with the County of Alameda which authorizes the collection of various taxes, assessments, and fees on the secured property tax roll; and
WHEREAS, since 1996, the County of Alameda has required that each agency or district sign an annual statement certifying that each assessment, fee, and/or special tax placed on the tax rolls meets the requirements of Proposition 218; and WHEREAS, staff has reviewed and confirmed that each of the City’s taxes, assessments, and fees are in compliance with Proposition 218.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Attorney is hereby authorized to sign a Certification and Mutual Indemnification Agreement for the County of Alameda, said agreement on file in the Office of the City Clerk.
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Item D. 17.
DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Adopt a resolution approving the City's Investment Policy SUMMARY AND RECOMMENDATION
Following best practices established by the Association of Public Treasurers of the United States and Canada and the Government Finance Officers Association (GFOA), the City’s Investment Policy should be reviewed and approved by the City Council on a timely basis for any material changes. The current updates to the Investment Policy provide additional definitions and examples to clarify key terms.
Staff recommends the City Council adopt the proposed resolution approving the City's Investment Policy for Fiscal Year 2024.
BACKGROUND
The Investment Policy’s primary objective is the safety of principal balances, with liquidity and return on investment as the second and third priorities respectively. While not required by State law, both the Association of Public Treasurers of the United States and Canada and the GFOA have established policy standards that recommend investment policies be reviewed annually. At a minimum, finance staff should conduct the annual review. An update to the investment policy is warranted if the annual review results in significant changes to the policy. The last update to the Investment Policy was on June 24, 2021, pursuant to Resolution No. 11,213.
DISCUSSION/ANALYSIS
Staff is proposing updates to the City’s Investment Policy that include additional definitions and examples for Credit Risk, Interest Rate Risk, Liquidity and Yield as noted under section 5.0 Objectives. In addition, updates to Local Government Investment Pools, under section 9.0 Authorized and Suitable Investments, are proposed to provide additional guidance on this type of investment and to increase the maximum amount the City may invest in the California Asset Management Program (CAMP), which is a permitted investment under State law. Staff recommends that the remainder of the City’s current Investment Policy remain the same because it contains all standard and material issues that an Investment Policy should include.
FISCAL IMPACT
There is no fiscal impact associated with this action.
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There is no fiscal impact associated with this action.
REVIEW AND APPROVAL
Prepared by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Redlined Resolution Draft
Resolution Redlines accepted
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING THE CITY'S INVESTMENT POLICY
WHEREAS, the City Council has established and each year approves an Investment Policy regarding the investment of the City's temporary idle cash; and WHERES, the Investment Policy specifies the City's investment objectives in accordance with California Law and provides a framework for managing and investing the City's funds in accordance with these objectives; and WHEREAS, the Investment Policy itself requires the City's Investment Policy be reviewed and approved by the City Council each year; and WHEREAS, City staff have reviewed the existing policy and recommends that the City Council approve the below policy for fiscal year 2024.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Newark thatthe following Investment Policy is hereby set forth as follows:
1.0 PURPOSE
The purpose of this policy is to provide an overall guideline to the officers of the City of Newark (City) charged with the responsibility for the management and investment of unexpended funds under authority granted by the City Council.
This policy is in compliance with the provision of the California Government Code, Sections 53600 through 53659, authority governing investments for municipal governments.
The City Treasurer, under the direction of the City Manager, is responsible for administering the City's investments and deposits.
2.0 POLICY
It is the policy of the City to invest public funds in a manner that will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all State and local statutes governing the investment of public funds.
3.0 SCOPE
The investment policy applies to all funds and investment activities under the direct authority of the City.
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4.0 PRUDENCE (Reference CA Government Code 53600.3)
Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safetyof their capital as well as the probable income to be derived.
The standard of prudence to be used by City investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. City investment officers acting in accordance with written procedures and the investmentpolicy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
5.0 OBJECTIVE
The primary objectives, in priority order, of the City's investment activities shallbe:
5.1 Safety: Safety of principal is the foremost objective of the investment program. Credit and interest risk, relating to investments shall be undertaken in a manner that seeks to ensure the preservationof capital in the overall portfolio.
a) Credit Risk – Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by:
• Limiting investments to the safety types of securities; and • Diversifying the investment portfolio so that the potential losses on individual securities will be minimized.
b) Interest Rate Risk – Interest Rate Risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest Rate Risk may be mitigated by:
• Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and
• By investing operating funds primarily in short-term securities.
5.2 Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements, which might be Packet Page 455
reasonably anticipated. This is accomplished by striving to have securities mature at the same time cash is needed to meet anticipated demands (static liquidity). Additionally, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity).
5.3 Yield: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, commensurate with the City's investment risk constraints and the cash flow characteristics of the portfolio. Return on investment is of less importance compared to the safety and liquidity objects described above. The core of investments is limited to relatively low-risk securities in anticipation of earning a fair return relative to the risk being assumed.
6.0 DELEGATION OF AUTHORITY
Management responsibility for the investment program is delegated to the City Treasurer. No person may engage in an investment transaction except provided under the terms of this policy established by the City. The City Treasurer shall be
responsible for all transactions undertaken and shall establish control system to regulate the activities of subordinate officials. The City may contract for the use of investment management services subject to the provisions of this policy and state law.
7.0 ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees andinvestment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance oftheCity, particularly with regard to the time of purchases and sales.
8.0 AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
The Treasurer will maintain a list of financial institutions and dealers authorized to provide investment services to the City. Financial institutions and dealers who desire to become qualified bidders for investment transactions will be required to provide, at the Treasurer's discretion, the following:
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• Most current audited financial statements
• Most current State and national certification and registration • Certification of having read, and to recommend investments that are consistent withthe City's most current investment policy.
These documents, among other factors, will be used by the Treasurer to determine whether to authorize a financial institution or dealer to provide investment services to theCity.
9.0 AUTHORIZED AND SUITABLE INVESTMENTS
The City is empowered by state law to invest in the following types of securities. • Bankers' Acceptances (BA)
These are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at its maturity. Bankers' acceptances may not exceed 180 days to maturity. • Certificates of Deposit (CD)
These are issued by banks or savings and loan associations, also known as time deposits. The first $250,000 is guaranteed by the Federal Deposit Insurance Corporation (FDIC) in the case of banks, and the Federal Savings and Loan InsuranceCorporation (FSLIC) in the case of savings and loan associations. Deposits in excess of $100,000 must meet collateral requirements as provided by law.
• Commercial Paper
An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Commercial paper must be rated in the highest tier (e.g.,A-1, P-1, F-1, or D-1 or higher) by a nationally recognized rating agency. • Local Agency Investment Fund (LAIF)
State law established the Local Agency Investment Fund. This fund enables local governmental agencies to remit money to the State Treasurer for the purpose of investment. The State Treasurer has elected to invest these monies with State monies as a part of the Pooled Money Investment Account. Each local governmental agency has the exclusive determination of the length of time its money will be on deposit with the State Treasurer. At the end of each calendar quarter, all earnings derived from investments are distributed by the State Packet Page 457
Controller to the participating government agencies in proportion to each agency's respective amounts deposited in the Fund and the length of time such amounts remained therein. Prior to the distribution, the State's costs of administering the program are deducted from the earnings. LAIF has a maximum investment limit of $75,000,000.
• Local Government Investment Pools (LGIP)
Share of beneficial interest issued by a joint powers authority organized pursuant to California Government Code Section 6509.7. that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible for purchase, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
i. The adviser is registered or exempt from registration with the Securities and Exchange Commission.
ii. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. iii. The adviser has assets under management in excess of $500,000,000.
California Asset Management Program (CAMP) is a California Joint Powers Authority (JPA) established to provide California public agencies with professional investment services. The CAMP Pool is a permitted investment for all local agencies under California Code Section 53601(p), and falls under the investment category of LGIPs.
There is not a maximum amount that limits investors in CAMP. The only limitation is that no one investor can hold more than 10% of the total pool assets.
Whenever the City has monies invested in a LGIP, a copy of the LGIP's information statement shall be maintained on file.
• Negotiable Certificates of Deposit (NCD)
These are unsecured obligations of the financial institution, bank, or savings and loan bought at par value with the promise to pay face value plus accrued interest at maturity. These investment instruments are traded in secondary markets, thus they have more liquidity than a CD.
Obligations issued by the United States Government Agencies such as the Government National Mortgage Association (GNMA), the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal National Mortgage Association (FNMA), the Student Loan Marketing Association (SLMA), and the Tennessee Valley Authority (TVA).
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• Repurchase (RP or REPO) and Reverse Repurchase Agreement Repurchase agreements are the sale by a bank or dealer of a government security witha simultaneous agreement to repurchase the security on a later date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate the buyer for this. As their nameimplies, reverse repurchase agreements are the mirror image of a REPO.
• Securities of the U.S. Government
Includes United States Treasury notes, bonds, bills, certificates of indebtedness, and those for which the faith and credit of the United States are pledged for the payment of principal and interest.
• Sweep Account
This is a short-term income fund into which all uninvested cash balances from non- interest bearing accounts are automatically transferred overnight into a commercial paper investment account, authorized by this policy.
Investments and deposits as a percentage of the City's total portfolio and their maximum maturities shall be within legally prescribed limits. To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than 5 years from the date of purchase.
10.0 COLLATERALIZATION
Amount of securities placed with agent of depository shall at all times be maintained as specified in California Government Code Section 53652 and pursuant to Sections 53656 and 53658.
The purchases of Certificates of Deposit require the depository to secure public funds. If the collateral is government securities, 110 percent market value to the face amount of the deposit is required. Promissory notes secured by first mortgages and first trust deeds used as collateral require 150 percent of market value to the face amount of the deposit. An irrevocable Letter of Credit issued by the Federal Horne Loan Bank of San Franciscorequires 105 percent of market value to the face amount of the public deposit.
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securities provided by the Governmental Agency under a reverse repurchase agreement.
Marketable securities, which are provided as collateral under a repurchase agreement with a broker/dealer, should be held by the safekeeping agent at a market value greater than 102 percent. Request for collateral substitutions and releases should always be subject to the City Treasurer's approval.
11.0 SAFEKEEPING AND CUSTODY
All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts as specified in California Government Code Section 53608.
12.0 DIVERSIFICATION
The City will diversify its investments by security type and institution. The purpose of diversification is to reduce overall portfolio risks while attaining market average rates of return.
With the exception of U.S. Treasury securities and authorized pools, no more than 50 percent of the City's total investment portfolio will be invested in a single security type or with a single financial institution.
Investments in bankers' acceptances, commercial papers, and negotiable certificates of deposits, as a percentage of City's total portfolio, shall at all times be maintained on percentage limitations specified by California Government Code Section 53601.
13.0 INTERNAL CONTROL
The City Treasurer will require independent auditors to review and perform testing of cash and investments as part of the City's annual financial audit. The review and testing are designed to ensure that there is no material misstatement of cash and investment balances in the financial statements and to provide internal control assuring compliance with the policies and procedures.
14.0 PERFORMANCE STANDARDS
The investment portfolio shall be designed with the objective of obtaining a rate of returnthroughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow requirements.
15.0 INVESTMENT ALLOCATION
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The City Treasurer shall allocate interest from the General Fund to other funds with average daily cash balances in excess of $10,000. All interest earnings not otherwise allocated shall be allocated to the General Fund.
16.0 INVESTMENT REVIEW COMMITTEE
The Investment Review Committee shall be made up of the City Manager, City Treasurer, and City Clerk and shall meet as deemed necessary by the City Manager to review the execution of this Investment Policy. The Committee may determine that temporarily idle monies be invested in only certain selected securities from those permitted by state law as listed under Item 9.0 above.
17.0 REPORTING
The City Treasurer may file quarterly reports to the City Manager. If quarterly investment portfolio reports are submitted, it must contain, among other things, a listing of investments, fund balances, activity, and return on investments made by the local agency. Quarterly reports should reflect the current positions and past performance of a portfolio of investments for the period of time under consideration.
18.0 INVESTMENT POLICY ADOPTION
The City's investment policy shall be adopted by resolution of the City Council of the City of Newark. The investment policy shall be reviewed annually and be approved by the City Council of the City of Newark for any significant changes I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on June 24, 2021, by Council Member Collazo who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:
AYES: Council Members Collazo, Freitas, Hannon, Vice Mayor Bucci and Mayor Nagy
NOES: None
ABSENT: None
SECONDED: Vice Mayor Bucci
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APPROVED:
s/ALAN L. NAGY
ATTEST: Mayor
s/SHEILA HARRINGTON
City Clerk
APPROVED AS TO FORM:
s/KRISTOPHER J. KOKOTAYLO
Interim City Attorney
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING THE CITY'S INVESTMENT POLICY
WHEREAS, the City Council has established and each year approves an Investment Policy regarding the investment of the City's temporary idle cash; and WHERES, the Investment Policy specifies the City's investment objectives in accordance with California Law and provides a framework for managing and investing the City's funds in accordance with these objectives; and WHEREAS, the Investment Policy itself requires the City's Investment Policy be reviewed and approved by the City Council each year; and WHEREAS, City staff have reviewed the existing policy and recommends that the City Council approve the below policy for fiscal year 2024.
NOW, THEREFORE BE IT RESOLVED by the City Council ofthe City of Newark that the following Investment Policy is hereby set forth as follows:
1.0 PURPOSE
The purpose of this policy is to provide an overall guideline to the officers of the City of Newark (City) charged with the responsibility for the management and investment of unexpended funds under authority granted by the City Council. This policy is in compliance with the provision of the California Government Code, Sections 53600 through 53659, authority governing investments for municipal governments.
The City Treasurer, under the direction of the City Manager, is responsible for administering the City's investments and deposits.
2.0 POLICY
It is the policy of the City to invest public funds in a manner that will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all State and local statutes governing the investment of public funds.
3.0 SCOPE
The investment policy applies to all funds and investment activities under the direct authority of the City.
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4.0 PRUDENCE (Reference CA Government Code 53600.3)
Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
The standard of prudence to be used by City investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. City investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
5.0 OBJECTIVE
The primary objectives, in priority order, of the City's investment Activities shall be:
5.1 Safety: The safety of principal is the foremost objective of the investment program. Credit and interest risk, relating to investments shall be undertaken in a manner that seeks to ensure the preservationof capital in the overall portfolio.
a. Credit Risk – Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by:
• Limiting investments to the safety types of securities; and • Diversifying the investment portfolio so that the potential losses on individual securities will be minimized.
b. Interest Rate Risk – Interest Rate Risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates.
Interest Rate Risk may be mitigated by:
• Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and • By investing operating funds primarily in short-term securities.
5.2 Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements, which might be reasonably anticipated. This is accomplished by striving to have securities mature at the same time cash is needed to meet anticipated demands (static Packet Page 464
liquidity). Additionally, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity).
5.3 Yield: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, commensurate with the City's investment risk constraints and the cash flow characteristics of the portfolio. Return on investment is of less importance compared to the safety and liquidity objects described above.
The core of investments is limited to relatively low-risk securities in anticipation of earning a fair return relative to the risk being assumed.
6.0 DELEGATION OF AUTHORITY
Management responsibility for the investment program is delegated to the City Treasurer. No person may engage in an investment transaction except provided under the terms of this policy established by the City. The City Treasurer shall be responsible for all transactions undertaken and shall establish a control system to regulate the activities of subordinate officials. The City may contract for the use of investment management services subject to the provisions of this policy and state law.
7.0 ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City, particularly with regard to the time of purchases and sales.
8.0 AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
The Treasurer will maintain a list of financial institutions and dealers authorized to provide investment services to the City. Financial institutions and dealers who desire to become qualified bidders for investment transactions will be required to provide, at the Treasurer's discretion, the following:
• Most current audited financial statements
• Most current State and national certification and registration • Certification of having read, and to recommend investments that are consistent withthe City's most current investment policy.
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These documents, among other factors, will be used by the Treasurer to determine whether to authorize a financial institution or dealer to provide investment services to the City.
9.0 AUTHORIZED AND SUITABLE INVESTMENTS
The City is empowered by state law to invest in the following types of securities. • Bankers' Acceptances (BA)
These are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at its maturity. Bankers' acceptances may not exceed 180 days to maturity. • Certificates of Deposit (CD)
These are issued by banks or savings and loan associations, also known as time deposits. The first $250,000 is guaranteed by the Federal Deposit Insurance Corporation (FDIC) in the case of banks, and the Federal Savings and Loan Insurance Corporation (FSLIC) in the case of savings and loan associations.
Deposits in excess of $100,000 must meet collateral requirements as provided by law.
• Commercial Paper
An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Commercial paper must be rated in the highest tier (e.g., A-1, P-1, F-1, or D-1 or higher) by a nationally recognized rating agency.
• Local Agency Investment Fund (LAIF)
State law established the Local Agency Investment Fund. This fund enables local governmental agencies to remit money to the State Treasurer for the purpose of investment. The State Treasurer has elected to invest these monies with State monies as a part of the Pooled Money Investment Account. Each local governmental agency has the exclusive determination of the length of time its money will be on deposit with the State Treasurer. At the end of each calendar quarter, all earnings derived from investments are distributed by the State Controller to the participating government agencies in proportion to each agency's respective amounts deposited in the Fund and the length of time such amounts remained therein. Prior to the distribution, the State's costs of Packet Page 466
administering the program are deducted from the earnings. LAIF has a maximum investment limit of $75,000,000.
• Local Government Investment Pools(LGIP)
Shares of beneficial interest issued by a joint powers authority organized pursuant to California Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible for purchase, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
i. The adviser is registered or exempt from registration with the Securities and Exchange Commission.
ii. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. iii. The adviser has assets under management in excess of $500,000,000.
California Asset Management Program (CAMP) is a California Joint Powers Authority (JPA) established to provide California public agencies with professional investment services. The CAMP Pool is a permitted investment for all local agencies under California Code Section 53601(p), and falls under the investment category of LGIPs.
There is not a maximum amount that limits investors in CAMP. The only limitation is that no one investor can hold more than 10% of the total pool assets.
Whenever the City has monies invested in a LGIP, a copy of the LGIP's information statement shall be maintained on file.
• Negotiable Certificates of Deposit (NCD)
These are unsecured obligations of the financial institution, bank, or savings and loan bought at par value with the promise to pay face value plus accrued interest at maturity. These investment instruments are traded in secondary markets, thus they have more liquidity than a CD.
Obligations issued by the United States Government Agencies such as the Government National Mortgage Association (GNMA), the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal National Mortgage Association (FNMA), the Student Loan Marketing Association (SLMA), and the Tennessee Valley Authority (TVA).
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• Repurchase (RP or REPO) and Reverse Repurchase Agreement Repurchase agreements are the sale by a bank or dealer of a government security with a simultaneous agreement to repurchase the security on a later date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate the buyer for this. As their name implies, reverse repurchase agreements are the mirror image of a REPO.
• Securities of the U.S. Government
Includes United States Treasury notes, bonds, bills, certificates of indebtedness, and those for which the faith and credit of the United States are pledged for the payment of principal and interest.
• Sweep Account
This is a short-term income fund into which all uninvested cash balances from non- interest bearing accounts are automatically transferred overnight into a commercial paper investment account, authorized by this policy.
Investments and deposits as a percentage of the City's total portfolio and their maximum maturities shall be within legally prescribed limits. To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than 5 years from the date of purchase.
10.0 COLLATERALIZATION
Amount of securities placed with agent of depository shall at all times be maintained as specified in California Government Code Section 53652 and pursuant to Sections 53656 and 53658.
The purchases of Certificates of Deposit require the depository to secure public funds. If the collateral is government securities, 110 percent market value to the face amount of the deposit is required. Promissory notes secured by first mortgages and first trust deeds used as collateral require 150 percent of market value to the face amount of the deposit. An irrevocable Letter of Credit issued by the Federal Horne Loan Bank of San Francisco requires 105 percent of market value to the face amount of the public deposit.
Collateral is also identified as the underlying marketable securities provided by a broker/dealer under a repurchase agreement transaction of the marketable securities provided by the Governmental Agency under a reverse repurchase agreement.
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Marketable securities, which are provided as collateral under a repurchase agreement with a broker/dealer, should be held by the safekeeping agent at a market value greater than 102 percent. Request for collateral substitutions and releases should always be subject to the City Treasurer's approval.
11.0 SAFEKEEPING AND CUSTODY
All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis.
Securities will be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts as specified in California Government Code Section 53608.
12.0 DIVERSIFICATION
The City will diversify its investments by security type and institution. The purpose of diversification is to reduce overall portfolio risks while attaining market average rates of return.
With the exception of U.S. Treasury securities and authorized pools, no more than 50 percent of the City's total investment portfolio will be invested in a single security type or with a single financial institution.
Investments in bankers' acceptances, commercial papers, and negotiable certificates of deposits, as a percentage of City's total portfolio, shall at all times be maintained on percentage limitations specified by California Government Code Section 53601.
13.0 INTERNAL CONTROL
The City Treasurer will require independent auditors to review and perform testing of cash and investments as part of the City's annual financial audit. The review and testing are designed to ensure that there is no material misstatement of cash and investment balances in the financial statements and to provide internal control assuring compliance with the policies and procedures.
14.0 PERFORMANCE STANDARDS
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow requirements.
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15.0 INVESTMENT ALLOCATION
The City Treasurer shall allocate interest from the General Fund to other funds with average daily cash balances in excess of $10,000. All interest earnings not otherwise allocated shall be allocated to the General Fund.
16.0 INVESTMENT REVIEW COMMITTEE
The Investment Review Committee shall be made up of the City Manager, City Treasurer, and City Clerk and shall meet as deemed necessary by the City Manager to review the execution of this Investment Policy. The Committee may determine that temporarily idle monies be invested in only certain selected securities from those permitted by state law as listed under Item 9.0 above.
17.0 REPORTING
The City Treasurer may file quarterly reports to the City Manager. If quarterly investment portfolio reports are submitted, it must contain, among other things, a listing of investments, fund balances, activity, and return on investments made by the local agency. Quarterly reports should reflect the current positions and past performance of a portfolio of investments for the period of time under consideration.
18.0 INVESTMENT POLICY ADOPTION
The City's investment policy shall be adopted by resolution of the City Council of the City of Newark. The investment policy shall be reviewed annually and approved by the City Council of the City of Newark for any significant changes.
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Item D. 18.
DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Adopt a resolution authorizing the continued investment of monies into the Local Agency Investment Fund (LAIF) and designating officers authorized to sign on the account SUMMARY AND RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the continued investment of monies into the LAIF and designate officers authorized to sign on the account.
BACKGROUND
The Local Agency Investment Fund (LAIF) was created by California statute in 1977 as an investment alternative for local governments. The program offers local agencies the opportunity to participate in a major portfolio of investments through the Pooled Money Investment Account (PMIA) which is handled by the expertise of the California State Treasurer's Office. Through the PMIA, the State Treasurer invests taxpayers’ money to manage the State’s cash flow and strengthen the financial security of local governmental entities. The PMIA has three primary sources of funds: the State general fund; special funds held by State agencies; and monies deposited by cities, counties and other entities into the LAIF. In accordance with California Government Code Section 16429.1 a local agency (City) is authorized to deposit and withdraw its funds with LAIF.
DISCUSSION/ANALYSIS
To ensure that current information is on file and that deposits and withdrawals are made by appropriate personnel, agencies must submit a list of authorized signatures who may initiate transactions with LAIF. The authorized signers for LAIF will be updated to represent current job titles of personnel with duties and responsibilities related to LAIF.
The attached resolution authorizes the investment of monies in LAIF, and provides authorization of the officers by title ensures the City will be able to access its operating cash on a daily basis and maintain proper internal controls. The City currently has the following officers by title authorized to order deposits and withdrawals from the Local Agency Investment Fund (LAIF): Administrative Services Director, City Clerk, Accounting Manager, and Senior Accountant. Staff is recommending that the following officers by title be authorized with LAIF: City Manager, Finance Director, Accounting Packet Page 471
Manager, and Senior Accountant.
FISCAL IMPACT
There is no fiscal impact associated with this action.
REVIEW AND APPROVAL
Prepared by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
741 LAIF Investment Authorization
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING INVESTMENT OF MONIES IN THE
LOCAL AGENCY INVESTMENT FUND (LAIF)
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHERES, the City Council of the City of Newark hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the deposit and withdrawal of City of Newark’s monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.
BE IT FURTHER RESOLVED, as follows:
Section 1. The following City officers holding the title(s) specified hereinbelow or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:
NAME TITLE SIGNATURE
David J. Benoun City Manager _______________________
Krysten Lee Finance Director _______________________
Gloria Del Rosario Accounting Manager _______________________ Michelle Villanueva Senior Accountant _______________________ Section 2. This resolution shall remain in full force and effect until rescinded by the City Council of the City of Newark by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.
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Item D. 19.
DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Year-end Budget Review and approval of a resolution amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2023 SUMMARY AND RECOMMENDATION
Each year, as part of the year-end budget review process, staff reports on trends and actions subsequent to adopting the Biennial Budget and addresses any newly identified budget changes anticipated before the end of the fiscal year (June 30).As part of the year-end closing, revisions are proposed where changes have occurred since the adoption of the Operating Budget in June 2022 and Mid-Year Budget Amendment in March 2023. Staff recommends that the City Council, by Resolution, amend the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2023 according to the recommended amendments for each fund presented as Exhibit A.
BACKGROUND
The City Council adopted the 2022-2024 Biennial Budget and Capital Improvement Plan on June 23, 2022. Budget amendments occur throughout the year when unanticipated events result in an increase or decrease in revenue projections and appropriations. Regular practice is to present mid-year and year-end budget amendments to the City Council for consideration. During the mid-year budget review, amendments to the adopted budget were presented and approved by the Council on March 23, 2023.
DISCUSSION/ANALYSIS
As part of the Fiscal Year 2023 year-end review process, amendments are proposed to align budgeted revenues and expenditures with the most current information. These amendments are identified where changes have occurred since adopting the Biennial Budget in June 2022 and Mid-Year Budget Amendment in March 2023.
The Fiscal Year 2023 mid-year report included projections for all General Fund revenue sources. At the time, staff estimated a modest General Fund year-end surplus of approximately $80,000 after transfers. There were no significant deviations from the March projections and therefore no further amendments are recommended to the General Fund operating budget at this time.
In other funds, expenditure modifications are proposed to align the budget to actuals Packet Page 474
and are all offset by the fund balance in each of those funds. The adjustments to the Special Revenue Funds, Debt Service Fund, and Internal Services Funds include:
Adding appropriation of $108,000 for personnel costs to the Supplemental Law Enforcement Services Fund (SLESF). These costs are offset by state subvention funding.
1. Adding appropriation of $11,000 for citation processing services from Turbo Data Systems.
2. Adding appropriation of $35,000 for maintenance costs for Landscape and Lighting Districts No. 06, 11, and 19.
3. Adding appropriation of $127,000 for Bond Counsel services with respect to required surety payment.
4. Adding appropriation of $60,000 for increased copier cost with newly negotiated leases for additional machines and maintenance.
5. 6. Adding appropriation of $3,000 for special assessment administration fees.
Other minor amendments and associated details are in the attachment, Exhibit A.
FISCAL IMPACT
The recommended amendments included in the year-end review will increase or decrease the Fiscal Year 2023 budgeted revenues, appropriations, and available resources of various funds as presented in Exhibit A.
REVIEW AND APPROVAL
Prepared by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
FY 2023 Year-End Exhibit A
FY 2023 Year End Budget Review Resolution
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Revenue:
Special Revenue Funds: Increase Decrease
211 90.091.910 4791 185,000 TDA County Grant Reimbursement SRF 185,000 Unappropriated Fund Balance
230 30.031.310 4702 66,000 COPS SLEFSF State Subvention Funds SRF 66,000 Unappropriated Fund Balance
236 30.033.330 4122 18,000 Police Towing Fees
SRF 18,000 Unappropriated Fund Balance
Special Revenue Funds: Increase Decrease
230 30.031.310 5110 50,000 Local contribution match of 20% for P-TAP Award 230 30.031.310 5210 6,000 Citywide Traffic Signal Street Name Signs 230 30.031.310 5220 1,000
230 30.031.310 5510 51,000 Purchase E-Citation Device
SRF 3000 108,000 Unappropriated Fund Balance
236 30.033.330. 6221 11,000 Citation processing services from Turbo Data Systems SRF 3000 11,000 Unappropriated Fund Balance
Increase Decrease
406 60.068.682 6221 6,000 Gachina Landscaping Services
411 60.068.682 6221 27,000 Gachina Landscaping Services 419 60.068.682 6221 2,000 Gachina Landscaping Services
LLDs 3000 35,000 Unappropriated Fund Balance
Increase Decrease
503 00.000.000 7023 127,000 Bond Council services for surety payment Debt 3000 127,000 Unappropriated Fund Balance
Increase Decrease
705 87.705.800 6241 60,000 KBA Copier Lease
ISF 3000 60,000 Unappropriated Fund Balance
Increase Decrease
826 60.068.681 6220 2,000 Special Assessment USBank Administration Fees FID 3000 - 2,000 Unappropriated Fund Balance
Internal Service Funds
LLDs
Exhibit A
Year-end Budget Amendments for Fiscal Year 2023
Expenditures:
Debt Service Funds
Fiduciary Funds
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Gdr1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING THE 2022-2024 BIENNIAL BUDGET
AND CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR
2023
WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan was adopted by the City Council via Resolution No. 11,379 on June 23, 2022; and WHEREAS, as part of the year-end budget review for Fiscal Year 2023, staff has identified and proposed changes to the budget since the original adoption by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the certain document entitled "2022-2024 Biennial Budget and Capital Improvement Plan of the City of Newark" adopted by Resolution No. 11,379 on June 23, 2022, and subsequently amended by resolutions, is hereby amended as set forth in Exhibit A attached.
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Item E. 1.
DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Joseph Balatbat, Associate Planner
SUBJECT Hearing (continued from June 8, 2023) to consider approval of DR2021-006, a Resolution approving Design Review and Vesting Tentative Map for an 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings located at 36952 Mulberry Street (APNs 92-29-21 and 92-29-22)
SUMMARY AND RECOMMENDATION
The Applicant, Rajesh Rao, has submitted an application to demolish an existing single-story residence, detached garage, and on-site improvements and to construct a new 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings located at 36952 Mulberry Street. The entitlements would include Design Review and a Vesting Tentative Map. The property owners are Rajesh Rao, Ramaprasad Samudrala, Vidyasagar Deshpande, and Thirumalpathy Balakrishnan.
The project would be considered as part of the multi-unit development use classification.
The project consists of merging the two existing lots resulting in an approximately 0.46 acres (20,000 square feet) lot. The project includes (4) two-unit dwellings with three different plan types: Plan A, Plan B, and Plan A-Alt. The Plan A type units would be a total of 2,121 square feet of habitable floor area. The Plan B type units would be a total of 1,410 square feet of habitable floor area. The Plan A-Alt type units would be a total of 2,150 square feet of habitable floor area. All of the proposed residential units would consist of a Spanish style architectural design and would be two stories with an attached two-car garage.
The project would also provide new on-site improvements that include a private driveway, walkways, guest parking spaces, a total of 5,853 square feet of landscape areas, a total of 3,583 square feet of common and private open spaces areas, stormwater bioretention areas, fencing, gates, and decorative features. Additionally, new improvements to the streetscape along Mulberry Street would be provided and would consist of landscape areas, entry walkways, and masonry low pedestals with accent pottery. The project site would be physically suitable for the development type and density, would enhance the appearance of the site, and would be compatible with the characteristics of the surrounding neighborhood.
Staff recommends that the City Council approve DR2021-006, a Resolution approving the following:
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Design Review for the construction of a new 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings; and
1. Vesting Tentative Map to allow for the merger of the two existing lots for the new 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings to be on an approximately 0.46 acres (20,000 square feet) lot.
2. BACKGROUND
The project site is zoned RM: Residential Medium Density with the Old Town Overlay District and has a General Plan designation of Medium Density Residential. The project site consists of two rectangular lots. One lot contains the existing single-story residence and detached garage and the other lot is considered vacant. The project site is bounded by Mulberry Street to the south, Thornton Avenue to the east, Cherry Street to the north, and Dairy Avenue to the west. Additionally, the project site is surrounded by residential (single-family and multi-family) dwelling units, commercial-office businesses, and a tutoring center.
The City Council opened a public hearing for the project on June 8, 2023 and the City Council continued the public hearing to June 22, 2023.
Project Proposal
The project consists of demolishing the existing approximately 1,056 square foot single-story residence (currently 96 years old – not considered a significant historic resource based on available city records), an approximately 400 square foot detached garage, and on-site improvements and constructing a new 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings (Attachment 1, Exhibit C).
Additionally, the project would include the removal of three existing trees on the property for the new private driveway, guest parking areas, and residential buildings.
The two existing lots would be merged and would have a combined total lot size of approximately 0.46 acres (20,000 square feet).
Residential Units
The project would consist of three residential plan types. All of the proposed residential units would be two stories and would include an attached garage. Table 1, below, summarizes the details for each unit, including information on square footage, height, and plan type.
Table 1. Residential Unit Information
Unit #
1st Floor –
Living
Area
Square
Footage
(sf)
2nd Floor
–
Living Area
Square
Footage
(sf)
Garage -
Square
Footage
(sf)
Height Plan
Type
Unit 1 1,059 sf 1,062 sf 474 sf 30 feet A
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Unit 2 328 sf 1,082 sf 424 sf 29 feet B
Unit 3 1,088 sf 1,062 sf 474 sf 30 feet A-Alt
Unit 4 328 sf 1,082 sf 424 sf 29 feet B
Unit 5 1,059 sf 1,062 sf 474 sf 30 feet A
Unit 6 328 sf 1,082 sf 424 sf 29 feet B
Unit 7 1,088 sf 1,062 sf 474 sf 30 feet A-Alt
Unit 8 328 sf 1,082 sf 424 sf 29 feet B
The Plan A type units would be a total of 2,595 square feet. The floor plans for Plan A include a bedroom, bathroom, kitchen, living room, dining/family room, and garage on the first floor and three bedrooms, two bathrooms, loft, and Juliet balcony on the second floor.
The Plan B type units would be a total of 1,834 square feet. The floor plans for Plan B include a bedroom, bathroom, and garage on the first floor and two bedrooms, two bathrooms, kitchen, living/dining room, and balcony on the second floor.
The Plan A-Alt type units would be a total of 2,624 square feet. The floor plans for Plan A-Alt include a bedroom, bathroom, kitchen, living room, dining/family room, and garage on the first floor and three bedrooms, two bathrooms, loft, and Juliet balcony on the second floor.
Building Design
The proposed residential buildings would be of a Spanish style architectural design.
The design was inspired by the homes designed by George Washington Smith in the 1920s and 1930s. The proposed residential buildings would provide a variety of massing, wall breaks, architectural features, colors, and materials. Design elements and exterior colors and materials would include the following (Attachment 1, Exhibit C, Sheet A7.2 – A7.4):
A combination of hip and gable rooflines with terra cotta concrete s-tiles and eave tiles boosted with mud stops.
Off-white stucco siding with a smooth finish (color: Kelly Moore KM 49).
Terra cotta decorative tiles at the gable ends.
Deep green vinyl windows.
Juliet balconies and balconies with 42-inch-tall metal railing painted in ebony with sandblast glass behind to provide privacy.
Wood garage door painted off-white (color: Kelly Moore KM 49).
Decorative wood shutters (color: Kelly Moore KM 149).
Decorative wrought iron window (or stucco recess) bars (color: Kelly Moore AC255-5).
Wood entry door (color: Kelly Moore KM 149).
Wrought iron exterior wall light fixtures to match the style of the architecture.
Open Space and Landscaping
The project would meet the minimum open space requirement of providing a total of 3,583 square feet of open space area (i.e., 2,019 square feet of common open space Packet Page 480
3,583 square feet of open space area (i.e., 2,019 square feet of common open space and 1,564 square feet of private open space) (Attachment 1, Exhibit C, Sheet A0 – A0.b and L1 – L4). The proposed common open space areas would feature a diverse palette of trees, shrubs, perennials, and ground cover. Additionally, the proposed common open space areas would include walkways, steppingstones, boulder/rock outcrops, masonry low pedestals with accent pottery, masonry seat walls, and exterior landscape light fixtures. The proposed private open space areas would include private fenced yards for the residential units with a Plan A type and Plan A-Alt type. For residential units with a Plan B type, the proposed private open space areas would include private balconies on the second floor.
Similar to the proposed common open spaces areas, the other proposed landscape areas would also feature a diverse palette of trees, shrubs, perennials, and ground cover and would consist of walkways, steppingstones, boulder/rock outcrops, masonry low pedestals with accent pottery, decorative masonry entry feature with a group mailbox, and exterior landscape light fixtures. The project would meet the minimum landscape requirement of providing a total of 5,853 square feet of landscape areas on-site.
Proposed common open spaces areas and landscape areas would include stormwater bioretention areas. The proposed improvements on the streetscape along Mulberry Street would include new landscape areas, entry walkways, and masonry low pedestals with accent pottery to enhance the front view of the residential development that would be facing the public right-of-way.
Fences and Decorative Features
The project would include new fencing, gates, and decorative features (Attachment 1, Exhibit C, Sheet A0 and L1 – L4). The new fencing and gates would be of wood material with a height of 6 feet. The new fencing and gates would be located in the private yard open space areas. Decorative features would be proposed at the common open space areas and landscape areas that would include a masonry pedestal with accent pottery with a height that varies from 2 feet to 2’-6”, a masonry seat wall with a height of 1’-6”, and a masonry entry feature with group mailbox with a height of 5 feet.
Parking, Access, and Circulation
Pursuant to Newark Municipal Code (NMC) Section 17.23.040, the required number of on-site parking spaces for a multi-unit building in the Old Town Newark Specific Plan Area is as follows: a minimum of 1.25 spaces per unit with a maximum of 2 spaces per unit. No additional guest parking is required and at least one space per unit must be within a garage. The project includes a two-car parking garage for each residential unit for a total of 16 parking spaces. Although guest parking is not required, the proposed project includes an additional 4 guest parking spaces on-site. A new private driveway along the middle of the property would be created to provide access to the two-car parking garages and guest parking spaces (Attachment 1, Exhibit C, Sheet A0, C-3.0, and L1). Pedestrian circulation throughout the site would be provided via interconnected walkways. The proposed pedestrian walkways and private driveway would incorporate enhanced pavement materials that would define the path of travel and complement the architecture of the building.
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Utilities and Easements
The project would include the undergrounding of utilities, including tie-ins for stormwater, sewer, and water along Mulberry Street. New easements would be created that includes an Emergency Vehicle Access Easement (E.V.A.E.), Private Water Line Easement (P.W.L.E.), Private Storm Drain Easement (P.S.D.E.), Private Sanitary Sewer Easement (P.S.S.E.), Public Utility Easement (P.U.E.), and Landscape Easement (L.E.) (Attachment 1, Exhibit C, Sheet C-1.0 – C-6.0).
DISCUSSION/ANALYSIS
General Plan/Zoning Conformity
The Medium Density Residential General Plan designation is intended for garden apartments and condominiums, townhomes, row houses, four- to eight-plexes, and older areas that contain a mix of multi-family and single-family homes within this density range. These areas tend to be multi-family in character but retain some of the characteristics of suburban neighborhoods such as landscaped yards, off-street parking, common open space, and low building heights. Densities in areas with this designation range from 14 to 30 units per net acre. This designation is implemented through the RM: Residential Medium Density zoning district. Pursuant to NMC Section
17.07.020, multi-unit development is permitted in the RM zoning district.
The project was reviewed under the updated 2018 Zoning Code (i.e., Title 17 – Zoning) and the adopted 2021 Old Town Newark Specific Plan. The project would substantially comply with the applicable provisions of the updated Zoning Code and Old Town Newark Specific Plan, except for the minimum density requirements (i.e., the updated Zoning Code requires a minimum density of 14 units/net acre and the Old Town Newark Specific Plan requires a minimum density of 20 units/net acre). Since the project was submitted prior to the adoption of the 2021 Old Town Newark Specific Plan, the project is subject to the minimum density requirements from the updated Zoning Code. Overall, the project would be compatible with the characteristics of the surrounding neighborhood.
Requested Entitlements
Design Review
Pursuant to NMC Section 17.34.020, design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area. Design review ensures that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines.
When considering a Design Review entitlement, the City Council shall evaluate a project to ensure that it satisfies the criteria in NMC Section 17.34.060 to the extent that they apply. Generally, the project would consist of a Spanish-style architectural design, which is highly encouraged in the Old Town Newark Specific Plan. The project would meet the design standards outlined in NMC Chapter 17.07 – Residential Districts, which includes providing the required open space areas, orienting the proposed residential units along the public right-of-way to have their primary entrance facing Mulberry Street, and avoiding a large-scale and bulky appearance. The proposed Packet Page 482
Mulberry Street, and avoiding a large-scale and bulky appearance. The proposed residential buildings would provide a variety of massing, wall breaks, architectural features, design elements, and exterior colors and materials that would be compatible in scale and height with the surrounding community and would be of pedestrian scale.
Further, the proposed landscaping, hardscaping, and open space areas would complement the residential buildings and enhance the appearance of the site as well as the surrounding natural and built environment.
Vesting Tentative Map
Pursuant to California Government Code Section 66426, a tentative and final map is required for all subdivisions creating five or more condominiums. Additionally, pursuant to California Government Code Section 66474, a legislative body of a city or county shall deny approval of a tentative map if it makes any of the following findings listed in this section. The Applicant has submitted a Vesting Tentative Map (i.e., Vesting Tentative Tract Map 8603) to allow for the merger of the two existing lots for the new 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings to be on an approximately 0.46 acres (20,000 square feet) lot.
Generally, the proposed Vesting Tentative Map would be consistent with the General Plan in that the property is developed by street and parcel improvements in conformance with applicable goals and policies. The proposed map would meet the density requirement of the RM zoning district and land use designation. The proposed Vesting Tentative Map and improvements would be constructed per the project plans provided in Attachment 1, Exhibit C and satisfy the conditions of approval included in the proposed Resolution (Attachment 1). The project site is physically suitable for the development type and proposed density of development. Further, the project was reviewed pursuant to the California Environmental Quality Act (CEQA), as will be discussed in the Environmental/Planning Commission Review section, and determined that it would be categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15332 (In-fill Development Projects).
Required Noticing
Pursuant to NMC Section 17.31.060 and Section 17.34.070, on May 23, 2023, a public hearing notice was published in The Tri City Voice and mailed to all property owners within a minimum 500-foot radius of the project site, all neighborhood and community organizations that have filed a written request for notice of projects in the area where the site is located, and all persons and groups who have filed a written request for notice regarding the specific application. The City has not received any written correspondence on this project as of the writing of this report. Any communications received prior to the public hearing will be forwarded to the City Council as desk items and made available to the Applicant and public.
FISCAL IMPACT
As described in NMC Chapter 3.24, the City has established fees that are imposed Packet Page 483
As described in NMC Chapter 3.24, the City has established fees that are imposed upon projects for the purpose of mitigating the impacts that the projects have upon the City's ability to provide public facilities. Given that the project is small in nature, the proposed residential units would be provided as market-rate units. Therefore, the Applicant would be required to pay the City’s impact fees in effect at the time prior to the issuance of a building permit.
Based on the Fiscal Year 2022-2023 fee schedule, the project would be subject to the following impact fees:
Park Impact: $22,018/unit
Public Safety: $2,533/unit
Community Service/Facilities: $1,414/unit
Transportation: $3,772/unit
Housing Impact: $24.51/sq. ft. for the first 1,000 sq. ft. and $9.82/sq. ft. above 1,000 sq. ft.
Art in Public Places: $270/unit
Community Development Maintenance Fee: 0.5% of construction value The Applicant would be responsible for remitting the respective impact fees in effect at the time, prior to the issuance of any building permits for the project. The collection of the impact fees is also included in the conditions of approval for the project (see Attachment 1, Exhibit B).
ENVIRONMENTAL/PLANNING COMMISSION REVIEW
California Environmental Quality Act
Pursuant to CEQA Guidelines, Article 19, Section 15332 (In-fill Development Projects), the project qualifies for the Class 32 Categorical Exemption. A residential project is categorically exempt from CEQA if it is: consistent with the general plan and the zoning code; is located on a site with no more than five acres; has no value for endangered or rare or threatened species; would not result in any significant effects relating to traffic, noise, air or water quality; and all required utilities and public services can adequately serve the site.
The project meets the conditions for a Class 32 Categorical Exemption, in that:
The project would be consistent with the Medium Density Residential General Plan land use designation and RM: Residential Medium Density zoning district.
Additionally, the project would be consistent with all applicable General Plan policies and all applicable Zoning Code regulations.
The project would be developed on an approximately 0.46 acres (20,000 square feet) lot that would continue to be substantially surrounded by urban uses.
The project is not located within any special habitat area.
The project would not anticipate having any significant impact on traffic as it would generate less than 100 new traffic trips in a day. Therefore, a traffic analysis was not required. The project would also not result in any significant impacts to noise, air quality, or water quality so as long as the conditions of approval in Attachment 1, Exhibit B are satisfied.
The project would be located in a developed urban area where all utilities are existing. The project would be adequately served by all required utilities and public Packet Page 484
services so as long the conditions of approval in Attachment 1, Exhibit B are satisfied.
Planning Commission
The Planning Commission considered the project at a regular public hearing held on May 9, 2023. Staff presented and answered questions from the Planning Commission.
Following questions, the Planning Commission shared their support for the project. The Planning Commission voted 5-0 to recommend City Council approval of the project.
REVIEW AND APPROVAL
Prepared by - Joseph Balatbat, Associate Planner
Reviewed by - Steven Turner, Community Development Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Mulberry Resolution
Exhibit A - Findings of Fact
Exhibit B – Conditions of Approval
Exhibit C – Project Plans
Staff Presentation
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DR2021-006
Resolution No. ____ 1 of 3
RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING DR2021-006, A DESIGN REVIEW
AND VESTING TENTATIVE MAP FOR AN 8-UNIT FOR-SALE
CONDOMINIUM RESIDENTIAL DEVELOPMENT
COMPRISED OF (4) TWO-UNIT DWELLINGS LOCATED AT
36952 MULBERRY STREET (APNS 92-29-21 AND 92-29-22)
WHEREAS, Rajesh Rao (the “Applicant”), has filed with the City of Newark an application for a Design Review and Vesting Tentative Map to construct a new 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings on a 0.46 acres (20,000 square feet) site located at 36952 Mulberry Street (APNs 92-29-21 and 92-29-22) (the “Property”) (the “Project” as illustrated in Exhibit C); and
WHEREAS, the Applicant proposes to demolish the existing single-story residence, detached garage, and on-site improvements; and
WHEREAS, the Property is a 0.46 acres (20,000 square feet) site consisting of two legal lots that have a General Plan Land Use designation of Medium Density Residential and are currently zoned RM: Residential Medium Density with the Old Town Overlay District; and WHEREAS, the Applicant seeks a Design Review, which pursuant to NMC §17.34.020 is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area; and WHEREAS, the Applicant seeks approval of Vesting Tentative Tract Map 8603, pursuant to Government Code §66474, to allow for the construction of the Project. Vesting Tentative Tract Map 8603 includes the merger of the two existing lots for the new 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings to be on an approximately 0.46 acres (20,000 square feet) lot; and
WHEREAS, pursuant to California Environmental Quality Act (CEQA) Guidelines, Article 19, §15332, the Project is categorically exempt from CEQA if it is: consistent with the general plan and the zoning code; is located on a site with no more than five acres; has no value for endangered or rare or threatened species; would not result in any significant effects relating to traffic, noise, air or water quality; and all required utilities and public services can adequately serve the site; and
WHEREAS, the Planning Commission held a public hearing on May 9, 2023, and after fully considering the Project, entitlements, staff report, findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing, recommended City Council approval of the Project; and
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DR2021-006
Resolution No. ____ 2 of 3
WHEREAS, pursuant to NMC §17.31.060 and §17.34.070, a public hearing notice was published in The Tri-City Voice on May 23, 2023 and mailed as required for a public hearing before the City Council at, or after, 7:00 p.m. on June 8, 2023; and WHEREAS, the City Council held a public hearing on June 8, 2023. The City Council opened the public hearing for public comments and continued the public hearing to a date certain on June 22, 2023; and
WHEREAS, the City Council held the continued public hearing on June 22, 2023, and fully considered the Project, entitlements, staff report, findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing; and WHEREAS, the City Council finds that the staff report, categorical exemptions from CEQA, and standards for approval reflects the City’s independent judgement and analysis of the Project; and
WHEREAS, the City Council finds that the Project conforms with the City’s General Plan, Zoning Code, and Old Town Newark Specific Plan Area for which are incorporated herein by reference and are available for review at City Hall during normal business hours and on the City’s website; and
WHEREAS, the City Council finds that the Project does satisfy the requisite findings of fact necessary for approval as further explained in the staff report and the findings of fact associated with this Resolution, as identified in Exhibit A attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:
Section 1. That the forgoing recitals are true and correct and made part of this Resolution.
Section 2. That the City Council does hereby make the necessary findings and determinations required by the NMC to approve the requested Design Review and Vesting Tentative Map for the Project, as further explained in the staff report and findings of fact for approval as set forth in Exhibit A attached hereto and incorporated herein by this reference.
Section 3. Based on the findings and determinations, the City Council does hereby approve DR2021-006 for a Design Review and Vesting Tentative Map for an 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings located at 36952 Mulberry Street (APNs 92-29-21 and 92-29-22), subject to the Conditions of Approval, as further set forth in Exhibit B attached hereto and incorporated herein by this reference.
This Resolution was introduced at the City of Newark City Council’s June 8, 2023 regular meeting by Council Member _________________________, seconded by Council Member _________________________, and passed as follows:
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DR2021-006
Resolution No. ____ 3 of 3
Attachments
Exhibit A – Findings of Fact
Exhibit B – Conditions of Approval
Exhibit C – Project Plans
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Exhibit A: Findings of Fact
Exhibit A
FINDINGS OF FACT
DR2021-006
36952 Mulberry Street
Alameda County Assessor’s Parcel Numbers 92-29-21 and 92-29-22 Design Review (NMC §17.34.060)
When conducting design review, the project shall be evaluated to ensure it satisfies the criteria below to the extent applicable.
A. The overall design of the project including its scale, massing, site plan, exterior design, and landscaping will enhance the appearance and features of the project site and surrounding natural and built environment.
The overall design would enhance the appearance of the Project site and surrounding environment. The proposed architectural design of the residential buildings would consist of a Spanish style design, which is highly encouraged in the Old Town Newark Specific Plan. The design of the proposed residential buildings is inspired by the homes designed by George Washington Smith in the 1920s and 1930s. The proposed residential buildings would provide a variety of massing, wall breaks, architectural features, design elements, and exterior colors and materials. The proposed residential units along the public right-of-way would have their primary entrance facing Mulberry Street to create that welcoming impression.
The Project would provide private open spaces areas, common open spaces areas, landscaping, and hardscaping. The proposed private open space areas would include private fenced yards and private balconies for selective residential units. The proposed common open space areas would include walkways, steppingstones, boulder/rock outcrops, masonry low pedestals with accent pottery, masonry seat walls, and exterior landscape light fixtures. The proposed landscaping would feature a diverse palette of trees, shrubs, perennials, and ground cover. The proposed hardscaping, which includes the pedestrian walkways and private driveway, would incorporate enhanced pavement materials that would define the path of travel and complement the architecture of the residential buildings. The proposed improvements on the streetscape along Mulberry Street would include new landscape areas, entry walkways, and masonry low pedestals with accent pottery to enhance the front view of the residential development that would be facing the public right-of-way. The proposed open spaces areas, landscaping, and hardscaping would complement the residential buildings and enhance the appearance of the site as well as the surrounding natural and built environment.
This finding can be made in the affirmative.
B. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.
The proposed homes would be two stories with habitable floor areas ranging from 2,121 square feet for the residential units with a Plan A type, 1,410 square feet for residential units with a Packet Page 489
Exhibit A: Findings of Fact
Plan B type, and 2,150 square feet for residential units with a Plan A-Alt type. The proposed residential buildings would provide a variety of massing, wall breaks, architectural features, design elements, and exterior colors and materials that would be compatible in scale and height with the surrounding community and would be of pedestrian scale.
The Project would provide private open spaces areas, common open spaces areas, landscaping, and hardscaping that would include several features such as a variety of plants and ground cover, private fenced yards and balconies, masonry low pedestals with accent pottery, masonry seat walls, exterior landscape light fixtures, and enhanced pavement materials. The proposed design of the Project would provide an attractive and comfortable environment for future occupants, visitors, and the general community.
This finding can be made in the affirmative.
C. Project details, materials, signage and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.
The proposed design elements for the Project are visually harmonious, in scale with the size of the residential buildings, and balance environmental considerations. The proposed residences would not impair potential or existing views for adjacent and nearby residences.
The proposed residential buildings would include attractive and high-quality colors and materials such as off-white stucco siding with a smooth finish, terra cotta concrete s-tiles roofing, deep green vinyl windows, and wood entry doors. The proposed landscaping would complement the homes and be fully integrated with the overall design of the Project. Materials, details, colors and landscaping would all be related to the Spanish style architecture.
This finding can be made in the affirmative.
D. The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.
The proposed improvements on the streetscape along Mulberry Street would include new landscape areas, entry walkways, and masonry low pedestals with accent pottery to enhance the front view of the residential development that would be facing the public right-of-way.
Exterior lighting would be provided along the streetscape but installed on the site. The proposed improvements would be consistent with the intended character of the area. These streetscape improvements would adhere to the City’s streetscape standards.
This finding can be made in the affirmative.
E. Parking areas are designed and developed to buffer surrounding land uses; compliment pedestrian-oriented development; enhance the environmental quality of the site, including minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.
The City’s off-street parking requirement would be satisfied by the provision of a two-car garage for each residential unit for a total of 16 parking spaces. Although guest parking is not Packet Page 490
Exhibit A: Findings of Fact
required, the proposed Project would include additional guest parking spaces on-site. The proposed parking spaces would be accessed by a private driveway. Pedestrian circulation throughout the site would be provided via interconnected walkways. New landscaping and common open spaces would be provided to help reduce the heat island effect and stormwater run-off. The bioretention areas would be installed within the landscape areas and common open space areas to minimize stormwater run-off. The proposed Project would be designed to create a safe, efficient, and harmonious environment.
This finding can be made in the affirmative.
F. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.
The proposed Project would include exterior wall-mounted building light fixtures and on-site light fixtures. The wall-mounted building light fixtures would be of wrought iron material to match the style of the architecture. The on-site light fixtures would be bollard lighting to illuminate the walkways and parking areas to ensure safety while complimenting the architecture of the residential buildings. Both light fixtures would be shielded by glass and would not create glare. The proposed Project is conditioned to require all exterior lighting to minimize glare off-site and comply with all applicable regulations in NMC §17.17.060.
This finding can be made in the affirmative.
G. Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape.
The Project would include landscaping in the open common space areas, landscape areas, and pedestrian walkway areas. The proposed landscaping would complement the proposed architectural style and would enhance the pedestrian experience as they travel throughout the site. The diverse landscaping palette would be compatible with the proposed architectural design which would allow them to relate to the surrounding landscape. The hardscape, including the pedestrian walkways and driveway, would incorporate enhanced pavement materials which define the path of travel and complement the building architecture. The Project would be required to conform to all state and local landscaping and water conservation standards.
This finding can be made in the affirmative.
Vesting Tentative Map (California Government Code §66474) A legislative body of a city or county shall deny approval of a tentative map if it makes any of the following findings:
A. That the proposed map is not consistent with applicable general and specific plans as specified in Government Code §65451.
Packet Page 491
Exhibit A: Findings of Fact
The General Plan includes numerous goals and policies pertaining to land use and design, growth management, circulation, community facilities and utilities, open space and conservation, health, safety, and noise. The proposed Vesting Tentative Map is required to abide by all applicable goals and policies included in the adopted General Plan as well as the Old Town Newark Specific Plan. Generally, the proposed Vesting Tentative Map would be consistent with the General Plan and Old Town Newark Specific Plan in that the Property is developed by street and parcel improvements in conformance with applicable goals and policies.
The Project is consistent with many of Newark’s General Plan and Old Town Newark Specific Plan goals, policies, and actions including, but not limited to:
General Plan
• Policy LU-1.10 Vacant and Underutilized Sites – Encourage the development of Newark's remaining vacant and underutilized sites for their highest and best use, consistent with the designations shown on the General Plan Diagram. Future growth in the city should generally be directed to the areas identified in this General Plan. • Policy LU-2.2 Context-Sensitive Design – Require that new structures, additions, and major renovations are aesthetically compatible with existing structures and the surrounding context, and contribute positively to the visual quality of neighborhoods. • Policy LU-2.3 High-Quality Development – Maintain standards for medium-density, high-density, and mixed-use development that ensure high quality development and adequate buffering and screening from nearby lower density uses. • GOAL LU-4 – Enhance Newark's identity as a city of high quality development that is distinctive from other cities in the Bay Area.
• Policy LU-4.12 Fences and Gates – Ensure that fences, gates, railings, walls, and other site elements intended to provide safety, security, and privacy are designed to be compatible with each other, with adjacent structures, and with the neighborhood context. Fence, wall, or hedge designs which obscure lines of sight for motorists, or create potential conflicts between pedestrians and cars, should be avoided. • Policy LU-8.4 Old Town Architectural Design – Encourage architectural design in Old Town which is compatible with the prevailing styles of the area's older buildings, and if possible, which incorporates architectural elements that were prevalent in Newark in the early 20th Century.
Old Town Newark Specific Plan
• Policy LU-6 – New development should be designed to maximize quality of construction, ground-floor activity, and flexibility for adaptation to changes in use over time. This Specific Plan does not regulate any one architectural style, but highly encourages a range of styles, including Victorian, Spanish Mission, and Arts & Crafts.
Historic References to the train stations and buildings from the late 19th Century can be expressed through traditional details with roof pitches, framed windows, bay windows, and formal entryways.
This finding can be made in the negative.
Packet Page 492
Exhibit A: Findings of Fact
B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
The proposed Project meets the density requirement of 14 to 30 units per net acre specified for the RM: Residential Medium Density zoning district and the Medium Density Residential General Plan land use designation. Additionally, the proposed Project would be consistent with the design intent of the Old Town Newark Specific Plan. The proposed Vesting Tentative Map and improvements would be constructed per Project Plans (Exhibit C) and satisfy the Conditions of Approval included in this Resolution (Exhibit B). Further, the proposed Vesting Tentative Map would designate and/or dedicate emergency vehicle access ways, public utility easements, and other easement as may be required over the common areas and landscape areas.
A public utility easement as shown on Sheet C-6.0 of the Project Plans (Exhibit C) shall be dedicated on the site along Mulberry Street. Therefore, the proposed design or improvement of the proposed Project is consistent with the General Plan and Old Town Newark Specific Plan.
This finding can be made in the negative.
C. That the site is not physically suitable for the type of development.
The Project site consists of two rectangular lots, with a combined lot size of approximately
0.46 acres (20,000 square feet). The Project site is bounded by Mulberry Street to the south, Thornton Avenue to the east, Cherry Street to the north, and Dairy Avenue to the west and is primarily surrounded by residential (single-family and multi-family) dwelling units and some commercial-office businesses and a tutoring center. The site is physically suitable for the proposed residential development.
This finding can be made in the negative.
D. That the site is not physically suitable for the proposed density of development.
The proposed Project meets the density requirement of 14 to 30 units per net acre specified for the RM: Residential Medium Density zoning district and the Medium Density Residential General Plan land use designation. The Project would be physically suitable for the site.
This finding can be made in the negative.
E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The City’s Community Development Department has determined that this Project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Article 19, §15332 (In-fill Development Projects). A residential project is categorically exempt from CEQA if it is: consistent with the general plan and the zoning code; is located on a site with no more than five acres; has no value for endangered or rare or threatened species; would not result in any significant effects relating to traffic, noise, air or water quality; and all required utilities and public services can adequately serve the site. Therefore, as conditioned, the design of the Vesting Tentative Map and the Packet Page 493
Exhibit A: Findings of Fact
proposed improvements would not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat.
This finding can be made in the negative.
F. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
The Alameda County Fire Department (ACFD), Building Inspection Division, Engineering Division, Planning Division, and Police Department have reviewed the proposed Vesting Tentative Map. Outside agencies, such as Republic Services, that may be affected by the proposed development have also reviewed the proposed Vesting Tentative Map. The applicant has incorporated the recommendations from each department, division, and agency as part of the Project design. The Project includes Conditions of Approval (Exhibit B) that must be addressed at various stages of the Project. Therefore, the Vesting Tentative Map would be consistent with all applicable provisions of the City’s Subdivision Ordinance, the Subdivision Map Act, the California Fire Code, the California Building Code, and generally, applicable development standards of the Zoning Code.
This finding can be made in the negative.
G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
The proposed improvements would not conflict with any public easements and/or right of way.
The private driveway would be maintained through an agreement between future residents, managed by a homeowner’s association. Therefore, as conditioned, the design of the Vesting Tentative Map would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed Property, in that such easements presently exist and such access would be retained, as currently provided within the Project and to adjacent public streets.
This finding can be made in the negative.
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EXHIBIT B
CONDITIONS OF APPROVAL
DR2021-006
36952 Mulberry Street
Alameda County Assessor’s Parcel Numbers 92-29-21 and 92-29-22 Planning Division
a. The building permit plans shall be substantially consistent with the approved Project Plans (Exhibit C), or as otherwise required by these conditions of approval. b. Prior to the submittal for building permit review, all conditions of approval for this Project, as approved by the City Council, shall be printed on the plans. c. Prior to the submittal of the final improvement plans review and/or building permit review, whichever occurs first, the applicant shall demonstrate compliance with the accessibility requirements as stated in the updated California Building Codes. d. Prior to the issuance of a building permit, any changes to the approved color elevations, floor plans, and/or fence details shall be reviewed and approved by the Community Development Director.
e. Prior to the issuance of a building permit, the roof material as submitted by the applicant as part of this application shall be reviewed and approved by the Community Development Director. All roof material shall consist of fire-retardant shake roof, concrete tile, or a roof of similar noncombustible material. Mansard roofs with the above material may be used to screen tar and gravel roofs. All roofs shall be of Class C fire resistant construction or better.
Composition shingles shall be Presidential-style or of comparable quality, subject to the review and approval of the Community Development Director. f. Prior to the issuance of a building permit, the applicant shall submit a “Will Serve” letter, or equivalent document, demonstrating approval of the project and agreeance to provide garbage, refuse and recycling services from Republic Services to the Community Development Director. Any revisions to the proposed garbage, refuse and recycling service pick up plan shall require review and approval by the Community Development Director.
No refuse, garbage or recycling shall be stored outdoors except within the approved trash and recycling containers.
g. Prior to the issuance of a building permit, any changes to the approved floor plans shall be submitted for review and approval by the Community Development Director. h. Prior to the issuance of a building permit, the applicant shall pay the City’s impact fees in effect as well as the Community Development Maintenance Fee.
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i. Prior to the issuance of a Certificate of Occupancy for an individual unit, roll-up garage doors with automatic garage door openers shall be provided for such unit. j. Prior to the issuance of a Certificate of Occupancy, the parking areas, aisles and access drives shall be installed and striped as shown on the approved site plan. Guest parking spaces shall be clearly marked as reserved for guests, as approved by the Community Development Director.
k. Prior to final inspection and utility release for each unit, the applicant shall pre-wire each unit for satellite and cable television connections, as required by the Community Development Director. The exterior connections for the pre-wire shall be made to the roof and or on a side elevation of the home, not facing a street, just under the building eave, with the satellite mounting location either on the underside of the soffit or on the fascia board.
l. The covenants, conditions, and restrictions (CC&Rs) filed for this development shall include the following provisions:
1) There shall be no short-term rentals which is a rental of the unit or room(s) within a unit for a period of 30 consecutive calendar days or less. 2) Garages shall only be used for automobile parking, incidental storage, and similar uses and shall not be used as living space. This restriction shall not apply when a garage conversion is proposed to accommodate an accessory dwelling unit (ADU) or junior ADU (JADU) in conformance with State regulations in effect. 3) No refuse, garbage or recycling shall be stored outdoors except within designated waste and recycling container areas. Waste and recycling containers may be stored within the garage but may not obstruct required parking areas.
4) All residents shall have access to and use of the common open space areas. Private improvements within common open space areas are prohibited except as shown on approved project drawings.
5) The homeowner’s association shall be responsible for maintenance of all common open space areas.
6) Guest parking spaces shall be clearly marked as reserved for guests and available with unrestricted access.
7) Exterior changes including, but not limited to, paint, landscaping, hardscape, and windows and doors, are prohibited unless expressly approved by the City. m. There shall be no roof-mounted equipment other than satellite dishes, other similar television or radio antennas, and solar equipment.
n. Mechanical and electrical equipment such as air conditioners (AC) units shall not be placed in the front or street side yard. If equipment is placed in any other location that makes it Packet Page 496
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visible to public view, the equipment shall be properly screened with solid material pursuant to the regulations in NMC §17.17.100 (Screening). The mechanical and electrical equipment shall comply with the noise requirements per NMC §17.24.100 (Noise). o. All exterior lighting shall comply with all applicable regulations in NMC §17.17.060 (Lighting and Illumination). All exterior lighting shall be directed on-site so as not to create glare off-site, as required by the Community Development Director. p. The landscape plans submitted for building permit review shall demonstrate compliance with NMC Chapter 17.21 (Landscaping) and §17.23.090 (Parking Area Design and Development Standards).
q. All exterior utility pipes and meters shall be painted to match and/or complement the color of the adjoining building surface, as approved by the Community Development Director. r. The site and its improvements shall be maintained in a neat and presentable condition, to the satisfaction of the Community Development Director. This shall include, but not be limited to, repainting surfaces damaged by graffiti and site clean-up. Graffiti removal/repainting and site cleanup shall occur on a continuing, as needed basis. Any vehicle or portable building brought on the site during construction shall remain graffiti free.
s. Parking lot cleaning with sweeping or vacuum equipment shall not be permitted between 7:00 p.m. and 7:00 a.m.
t. There shall be no short-term rentals which is a rental of the unit or room(s) within a unit for a period of 30 consecutive calendar days or less.
u. Prior to the issuance of grading and site work permit(s), mailbox locations and designs shall be approved by the Community Development Director and Newark Postmaster, in that order. The mailbox compartments of centralized mailboxes shall identify the individual dwelling units with permanent, easily legible lettering. v. All signs shall be submitted for the review and approval of the Community Development Director. All signs shall comply with NMC Chapter 17.25, Signage Standards. w. During project construction, if historic, archeological or Native American materials or artifacts are identified, work within a 50-foot radius of such find shall cease and the City shall retain the services of a qualified archeologist and/or paleontologist to assess the significance of the find. If such find is determined to be significant by the archeologist and/or paleontologist, a resource protection plan conforming to CEQA §15064.5 shall be prepared by the archeologist and/or paleontologist and approved by the Community Development Director. The plan may include, but would not be limited to, removal of resources or similar actions. Project work may be resumed in compliance with such plan.
If human remains are encountered, the County Coroner shall be contacted immediately, and the provisions of State law carried out.
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x. Construction site trailers and buildings located on-site shall be used for office and storage purposes only and shall not be used for living or sleeping quarters. Any vehicle or portable building brought on the site during construction shall remain graffiti free. y. Measures to respond to and track complaints pertaining to construction noise shall include:
(1) a procedure and phone numbers for notifying the City of Newark Building Inspection Division and Newark Police Department (during regular construction hours and off-hours); and (2) a sign posted on-site pertaining to the permitted construction days and hours and complaint procedures and who to notify in the event of a problem. The sign shall also include a listing of both the City and construction contractor’s telephone numbers (during regular construction hours and off-hours).
z. The developer shall comply with any and all applicable federal, state, or local laws and regulations.
aa. Per NMC §17.31.130, the approval or conditional approval of the Design Review shall expire two years from the date the Design Review was approved or conditionally approved if it is not exercised or extended within two years of its approval. bb. Per NMC §16.08.070, the approval or conditional approval of the tentative map shall expire 24 months from the date the map was approved or conditionally approved. The approved or conditionally approved map may be granted additional period(s) of time as permitted by the Subdivision Map Act.
cc. Per NMC §17.31.130, any permit granted under NMC Title 17 - Zoning, shall automatically expire if it is not exercised or extended within two years of its approval, unless a different time period is specified.
Engineering Division
dd. Informational: The total geotech peer review charges from the City’s consultant is $4,202.50. Per the City’s master fee schedule, the total cost due to the City is actual cost plus 25%. The total cost is $5,253.13. A deposit of $5,000 was provided to the City.
Therefore, a balance of $253.13 is due to the City prior to project approval. ee. The conditions of approval from the Engineering Division are subject to change if the site plan is revised.
ff. The project shall conform to Vesting Tentative Tract Map – Tract 8603, sheets C-1.0 through C-6.0, and all conditions of approval set forth herein. Approval of the vesting tentative map shall expire according to the provisions of the State Subdivision Map Act and any amendments thereto and applicable provisions of the Newark Municipal Code consistent with the State Subdivision Map Act.
gg. The final map shall designate and/or dedicate emergency vehicle access ways, public utility easements, and other easement as may be required over the common area. A public utility easement as shown on sheet C-6.0 vesting tentative map exhibits shall be dedicated along Packet Page 498
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Mulberry Street.
hh. The development will require approval of final tract maps filed in accordance with the State Subdivision Map Act and the City of Newark Subdivision Ordinance. The final map shall be approved and recorded prior to the issuance of any building permits. ii. Prior to approval of the final map, the developer shall guarantee all necessary street improvements adjoining the development and over the common area in accordance with tract improvement plans to be approved by the City Engineer. Improvement plans for onsite common areas in the development shall be included with the tract improvement plans to ensure that such improvements are designed and constructed to City Standards. These plans must be prepared by a qualified person licensed by the State of California to do such work. Street improvements shall include, but may not be limited to driveway access, public sidewalks, curb and gutter removal and replacement, frontage landscaping, pavement removal and replacement, replacement or repair of existing damaged public improvements, street lighting, offsite storm drainage to Dairy Avenue, undergrounding dry utility services, and other improvements as shown on the approved exhibits. Common area improvements on-site include, but may not be limited to drive aisles, parking facilities, utilities, storm water treatment measure installations, screen walls, fencing, and all landscape areas. jj. To maintain the pavement condition on Mulberry Street, the applicant will be required to grind and overlay and/or slurry seal the pavement to centerline or beyond to the nearest lane line where utility tie-ins are necessary.
kk. Prior to the issuance of the initial grading or any building permits for this project, the developer shall submit a Storm Water Pollution Prevention Plan for the review and approval of the City Engineer. The plan shall include sufficient details to show how storm water quality will be protected during both: (1) the construction phase of the project and (2) the post-construction, operational phase of the project. The construction phase plan shall include Best Management Practices from the California Storm Water Quality Best Management Practices Handbook for Construction Activities. The specific storm water pollution prevention measures to be maintained by the contractor shall be printed on the plans. The operational phase plan shall include Best Management Practices appropriate to the uses conducted on the site to effectively prohibit the entry of pollutants into storm water runoff from this site including, but not limited to, trash and litter control, pavement sweeping, periodic storm water inlet cleaning, landscape controls for fertilizer and pesticide applications, labeling of storm water inlets with a permanent thermoplastic stencil with the wording “No Dumping - Drains to Bay,” and other applicable practices. ll. The project must be designed to include appropriate source control, site design, and stormwater treatment measures to prevent stormwater runoff pollutant discharges and increases in runoff flows from the site in accordance with Provision C.3 of the Municipal Regional Stormwater NPDES Permit (MRP), Order R2-2022-0018, revised July 1, 2022, issued to the City of Newark by the Regional Water Quality Control Board, San Francisco Bay Region. Examples of source control and site design requirements include but are not limited to: properly designed trash storage areas, sanitary sewer connections for all nonPacket Page 499
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stormwater discharges, minimization of impervious surfaces, and treatment of all runoff with Low Impact Development (LID) treatment measures. The stormwater treatment design shall be completed by a licensed civil engineer with sufficient experience in stormwater quality analysis and design. The design is subject to review by the Regional Water Quality Control Board. The developer shall modify the site design to satisfy all elements of Provision C.3 of the MRP. The use of treatment controls for runoff requires the submittal of a Stormwater Treatment Measures Maintenance Agreement prior to the final map approval and recordation of the agreement prior to the issuance of any Certificates of Occupancy.
mm. The developer shall submit detailed grading and drainage plans for review and approval by the City Engineer. These plans must be based upon a City benchmark and need to include pad and finish floor elevations of each proposed structure, proposed on-site property grades, proposed elevations at property line, and sufficient elevations on all adjacent properties to show existing drainage patterns. All on-site pavement shall drain at a minimum of one percent. The developer shall ensure that all upstream drainage is not blocked and that no ponding is created by this development. Any construction necessary to ensure this shall be the developer's responsibility.
Hydrology and hydraulic calculations shall be submitted for review and approval by the City Engineer prior to approval of the final map(s). The calculations shall show that the City and County freeboard requirements will be satisfied. nn. All stormwater treatment measures are subject to review and approval by the Alameda County Mosquito Abatement District. The developer shall modify the grading and drainage and stormwater treatment design as necessary to satisfy any imposed requirements from the District.
oo. The entire site shall be equipped with full trash capture devices approved by the Regional Water Quality Control Board – San Francisco Bay Region and the Mosquito Abatement District, for 100% trash capture at all on-site and adjoining off-site storm drain inlets. All on-site trash capture devices shall be permanently maintained by the property owner.
Acceptable off-site trash capture devices can be found on the City’s website at https://www.newark.org/departments/public-works/engineering-division/stormwaterprogram. pp. Where a grade differential of more than a 1-foot is created along the boundary lot lines between the proposed development and adjacent property, the developer shall install a masonry retaining wall unless a slope easement is approved by the City Engineer. Said retaining wall shall be subject to review and approval of the City Engineer. A grading permit is required by the Building Inspection Division prior to starting site grading work. qq. The applicant shall submit a detailed soils report prepared by a qualified engineer, registered with the State of California. The report shall address in-situ and import soils in accordance with the City of Newark Grading and Excavation Ordinance, Chapter 15.50.
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private streets. Grading operations shall be in accordance with recommendations contained in the soils report and shall be completed under the supervision of an engineer registered in the State of California to do such work.
rr. Prior to issuance of a Certificate of Occupancy or release of utilities for any building, vehicle access ways and parking facilities serving said building shall be paved in accordance with the recommendation of a licensed engineer based on a Traffic Index of
5.0 and striped as shown on the approved site plan. Minimum asphalt concrete thickness for the vehicle access ways shall be 4 inches.
ss. Prior to issuance of a Certificate of Occupancy or release of utilities for each dwelling unit, the on-site drive aisles and uncovered parking facilities shall be installed and striped as shown on the approved site plan. All on-site uncovered parking facilities and drive aisles shall be drained at a minimum slope of 1.0% for asphalt surfaces and 0.3% for Portland cement concrete surfaces.
tt. The applicant shall establish a Homeowner’s Association consisting of all property owners of lands in the development at the time of incorporation and in the future for the purpose of maintaining the association's property, common drive aisles, parking facilities, stormwater treatment facilities, and landscaping, including landscaping in adjacent public rights-of-way, and for paying for security lighting, any common garbage collection services, any security patrol services, if provided, and other functions of a Homeowner’s Association. All common areas within the development shall be owned and maintained by the Homeowner’s Association. Each property owner shall automatically become a member of the association and shall be subject to a proportionate share of the maintenance expenses.
The Homeowner’s Association shall be incorporated prior to the sale of any individual lots and/or prior to acceptance of tract improvements, whichever occurs first. uu. Prior to City Council approval of the final map(s), the bylaws governing the property owners’ association(s) and any declaration of covenants, conditions and restrictions (CC&Rs) filed for this development shall be reviewed and approved by the City Council at its discretion after mandatory review and recommendations by the City Attorney. Said covenants, conditions and restrictions shall be prominently displayed in the project sales office at all times. Approval of the covenants, conditions and restrictions shall not make the City a party to enforcement of same. The CC&Rs shall apply equally to both owners and renters. The CC&Rs shall be written to require renters to comply with the regulations of the CC&Rs, and a copy of the CC&Rs shall be given to each renter. The CC&Rs shall be written to allow less than a majority of owners to have pavement or landscape maintenance done and the cost thereof assessed to all owners in the project. The CC&Rs shall include a pavement maintenance program for on-site pavement. vv. The Homeowner’s Association CC&Rs shall prohibit the on-site parking of non-selfpropelled recreational vehicles, including boats, and any self-propelled recreational vehicles not used for transportation unless separate storage facilities are provided. The CC&Rs shall regulate the provision of any on-site parking of self-propelled recreational vehicles used for transportation.
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ww. The developer shall also assist the Homeowner’s Association by having a management consultant firm review the maintenance and operating functions of the association. The management consulting firm shall be responsible to prepare a written report with recommendations to the association for managing the association's obligations and setting initial monthly assessment costs for each lot in the development. Membership and assessment cost shall be mandatory for all property owners of property in the development and shall run with the land. The developer shall pay all costs of incorporation and initial management review and reports.
xx. The Homeowner’s Association shall be responsible for trash and litter control and sweeping of all private streets within the development. All private storm drain systems and all associated trash capture devices shall be cleaned on a regularly scheduled basis as detailed in the required Stormwater Treatment Measures Maintenance Agreement. yy. The Homeowner’s Association shall be required to contract with a professional management firm to handle all necessary maintenance operations. Documentation of such contract shall be submitted to the City of Newark. All commonly owned facilities shall be properly maintained in a manner consistent with the CC&Rs and project requirements. zz. All new utilities including, but not limited to, electric, telephone and cable television services shall be provided underground for all buildings in the development in accordance with the City of Newark Subdivision Standards.
aaa. All improvement plans are subject to review and approval by the Alameda County Water District (ACWD), Union Sanitary District (USD), and Pacific, Gas & Electric Company (PG&E). Any modifications to the site design provided with the vesting tentative map as necessary to satisfy requirements from individual utilities or districts are the sole responsibility of the developer. The developer shall coordinate with Pacific, Gas & Electric Co. for the design of the underground utility improvements for the proposed development as soon as practical following vesting tentative map approval. The joint trench and street lighting plans shall be submitted by the applicant with the first tract improvement plan check and approved prior to final map approval.
bbb. The developer shall repair and/or replace any damaged public improvements along Mulberry Street right-of-way as a result of construction activity to the satisfaction of the City Engineer.
ccc. The developer shall ensure that a water vehicle for dust control operations and a pick-up or vacuum type street sweeper to remove tracked dirt and debris from adjacent streets is kept readily available at all times during construction at the City Engineer's direction. ddd. The developer shall implement the following measures for the duration of all construction activity to minimize air quality impacts:
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break-up of pavement.
2) All trucks hauling demolition debris from the site shall be covered. 3) Dust-proof chutes shall be used to load debris into trucks whenever feasible. Watering should be used to control dust generation during transport and handling of recycled materials.
4) All active construction areas shall be watered at least twice daily and more often during windy periods; active areas adjacent to the existing land uses shall be kept damp at all times or shall be treated with non-toxic stabilizers or dust palliatives. 5) All trucks hauling soil, sand, and other loose materials shall be covered or require all trucks to maintain at least 2 feet of freeboard.
6) All unpaved access roads, parking areas, and staging areas at construction sites shall be paved, watered three times daily, or treated with (non-toxic) soil stabilizers. 7) All paved access roads, parking areas, and staging areas at construction sites shall be swept daily with water sweepers; water sweepers shall vacuum up excess water to avoid runoff-related impacts to water quality.
8) Limit traffic speeds on unpaved roads to 15 mph.
9) Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
10) Replant vegetation in disturbed areas as quickly as possible. 11) Minimize idling time (5 minutes maximum).
12) Maintain properly tuned equipment.
These measures shall be incorporated into the grading specifications as well as the best management practices of the storm water pollution prevention plan and shall be implemented to the satisfaction of the City Engineer.
eee. The developer shall provide all required paper and digital submittals of the tentative map, project final map, tract improvement plans, and as-built plans as required by the City Engineer, including, but not necessarily limited to the following: (1) One full-sized reproducible copy and one reduced reducible copy of the approved tentative map; (2) Two electronic copies of the approved final map and improvement plans in a format approved by the City Engineer; (3) One full-sized mylar copy and one reduced copy of the recorded final map; (4) One reproducible set and four blue-line or photocopied sets of the approved tract improvement plans; (5) Two electronic copies and one mylar set of the as-built tract improvement plans. All digital copies of the final map and improvement plans shall be Packet Page 503
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prepared in accordance with Union Sanitary District digital submittal standards. fff. The plans submitted for construction must be drawn to an appropriate scale as required by the City Engineer.
ggg. The CC&Rs for the project shall include a disclosure statement to all property owners indicating that the project site is located within a seismic hazard zone for liquefaction. The disclosure statement shall indicate that the buildings have been designed to current code requirements. The disclosure statement shall also indicate that the buildings, site improvements, and utilities are subject to damage during an earthquake and that the buildings may be uninhabitable after an earthquake. This CC&R disclosure statement is subject to review and approval of the City Engineer prior to final map approval. hhh. The following language shall be included in the CC&Rs:
Rights of City: Notwithstanding anything to the contrary in this Master Declaration, no amendment hereto which deals with any of the following matters shall be effective without the prior written consent of the Director of the City’s Community Development Department, such consent not to be unreasonably withheld: (i) Any amendment, the design or purpose of which is to eliminate an obligation of the Association to maintain, manage and repair the Master Common Property all Improvements therein or to lower the standards for maintaining and repairing such Master Common Property and Improvements; (ii) Any amendment with regard to the fundamental purpose for which the Project was created (e.g., a change from residential use to a different use);(iii) Any amendment to Sections….(list sections required by condition of approval), and all defined terms therein, each of which were required as a condition of approval for the Project.(note: will need to define “Project.”)
Enforcement by City: If the Association or any Owner (as the case may be) fails to Maintain the Common Area or any Improvement, or if the Association fails to enforce any of the provisions, listed in Section XXX (Rights of City), the City, as an intended third party beneficiary of the provisions of this Master Declaration, shall have the right, but not the duty, to compel performance of such provisions in any manner provided by law or in equity and in any manner provided in this Master Declaration.
Landscape-Parks Division
iii. All landscape maintenance on-site and along the project frontage, including the right-ofway planter strips along Mulberry Street shall be the responsibility of the Homeowners Association. The applicant shall enter into a Landscape Maintenance Agreement prior to approval of the final map. The Landscape Maintenance Agreement shall run with the land and be binding to the Homeowners Association as successors. jjj. The applicant shall dedicate to the City of Newark a landscape and public utility easement along the frontage of Mulberry Street in accordance with the vesting tentative map exhibits.
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kkk. Landscape plans for work within the public right-of-way, dedicated easement areas, and all common areas shall be included with the tract improvement plans. The landscape plans shall be submitted with the first tract improvement plan check and approved by the City Engineer prior to final map approval. The plans shall be prepared by a licensed landscape architect in accordance with the City of Newark requirements, standard details, and the State of California Model Water Efficient Landscape Ordinance (MWELO). lll. Prior to the release of utilities or issuance of any Certificate of Occupancy for a given project phase, all landscaping and irrigation systems associated with that phase, including all frontage landscaping, shall be completed or guaranteed by a cash deposit filed with the City in an amount to cover the remainder of the work.
mmm. Prior to installation by the applicant, plant species, location, container size, quality and quantity of all landscaping plants and materials within the public right-of-way shall be reviewed and approved by the City Engineer. All street trees shall be a minimum of 24- inch box specimen. Plant replacements shall be to an equal or better standard than originally approved subject to approval by the City Engineer. nnn. Any above ground utility structures, including backflow prevention devices, and appurtenances, shall be installed within the applicant’s property line and a minimum of 10 feet behind street face of curbs. The backflow prevention devices shall have a green painted security cage to protect it from vandalism. These locations shall be screened with landscaping to the satisfaction of the City Engineer. The landscape screen shall not interfere with the utility companies’ or City Fire Department’s access.
Building Division
ooo. Ensure construction is designed to the 2022 building Standards and CalGreen code. ppp. Per NMC §17.24.100.A.3, construction for this project, including site work and all structures, shall occur only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday and between the hours of 10:00 a.m. and 6:00 p.m. on Sundays and holidays. The applicant may make a written request to the Building Official for extended working hours and/or days. In granting or denying any request, the Building Official will take into consideration the nature of the construction activity which would occur during extended hours/days, the time duration of the request, the proximity to residential neighborhoods, and input by affected neighbors. All approvals shall be made in writing.
Alameda County Fire Department
qqq. Automatic fire sprinkler system shall be required. rrr. The first 40 feet at the main entrance shall be part of the fire lane. Fire Lane No Parking signs or red curb painting shall be required.
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Police Department
sss. The development shall comply with Chapter 15.06, Security Code, of the Newark Municipal Code and Section 510, Emergency Responder Radio Coverage, of the California Fire Code.
ttt. We would highly recommend installation of community safety cameras in common areas where the units would be most susceptible to criminal activity. This would include parking areas, exterior pathways and exterior doors. The community safety cameras could be operated and controlled by individual owners, the Building Management or the Owners’ Association.
uuu. The proposed development should comply with the City of Newark street numbering system and tie in with the existing area street numbering. Additionally, the proposed building should display the street address in a manner clearly visible from the adjacent roadway and parking areas in order to facilitate public safety personnel’s ability to quickly identify its location during emergency responses.
vvv. Individual unit numbering should be in a systematic method, specific to each floor and each unit in a non-repeating manner (i.e., no two units in the development with the same address number). Maps with unit numbering of the entire development should be placed in easy to find locations (preferably at entrances to the development and the building) in order to aid public safety personnel’s ability to identify specific units during emergency responses.
General Conditions
www. All proposed changes from approved exhibits shall be submitted to the Community Development Director who shall decide if they warrant Planning Commission and City Council review and, if so decided, said changes shall be submitted for the Commission’s and Council’s review and decision. The applicant shall pay the prevailing fee for each additional separate submittal of project exhibits requiring Planning Commission and/or City Council review and approval.
xxx. If any condition of the project approval be declared invalid or unenforceable by a court of competent jurisdiction, the project approval shall terminate and be of no force and effect, at the election of the City Council on motion.
yyy. The applicant hereby agrees to defend, indemnify, and save harmless the City of Newark, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, attorneys’ fees, costs and fees of litigation) of every nature, kind or description, which may be brought by a third party against, or suffered or sustained by, the City of Newark, its Council, boards, commissions, officers, employees or agents to challenge or void the permit granted herein or any California Environmental Quality Act determinations related thereto.
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zzz. In the event that any person should bring an action to attack, set aside, void or annul the City’s approval of this project, the applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action, or proceeding against the City and/or its agents, officers and employees with counsel selected by the applicant (which shall be the same counsel used by applicant) and reasonably approved by the City.
Applicant’s obligation to defend, indemnify and hold harmless the City and/or its agents, officers and employees shall be subject to the City’s compliance with Government Code §66474.9.
aaaa. The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code §66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and other exactions. The developer is hereby further notified that the 90-day approval period in which the developer may protest these fees, dedications, reservations and other exactions, pursuant to Government Code §66020(a), has begun. If the developer fails to file a protest within this 90-day period complying with all of the requirements of §66020, the developer will be legally barred from later challenging such exactions.
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MULBERRY RESIDENTIAL 36952 MULBERRY STREET, NEWARK, CA Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086
Telephone : 408-992-0280 Fax : 408-992-0281 9/30/22
L4 CONCEPTUAL DETAILS
4/21/23 FINAL
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UNIT #1 PLAN A 1F 1059 SF GARAGE A 474 SF GARAGE B 424 SF UNIT #2 PLAN B 1F 328 SF Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 511
UNIT #1 PLAN A 2F 1062 SF UNIT #2 PLAN B 2F 1082 SF Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 512
UNIT #3 PLAN A-ALT 1F 1088 SF GARAGE A 474 SF GARAGE B 424 SF UNIT #4 PLAN B 1F 328 SF Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 513
UNIT #3 PLAN A-ALT 2F 1062 SF UNIT #4 PLAN B 2F 1082 SF Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 514
UNIT #5 PLAN A 1F 1059 SF GARAGE A 474 SF GARAGE B 424 SF UNIT #6 PLAN B 1F 328 SF Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 515
UNIT #5 PLAN A 2F 1062 SF UNIT #6 PLAN B 2F 1082 SF Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 516
UNIT #7 PLAN A-ALT 1F 1088 SF GARAGE A 474 SF GARAGE B 424 SF UNIT #8 PLAN B 1F 328 SF Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 517
UNIT #7 PLAN A-ALT 2F 1062 SF UNIT #8 PLAN B 2F 1082 SF Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 518
Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 519
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Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 528
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Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 530
Packet Page 531
Architects 1288 Kifer Road, Unit 206, Sunnyvale, CA 94086 Telephone : 408-992-0280 Fax : 408-992-0281 Packet Page 532
MULBERRY STREET
MULBERRY RESIDENTIAL
36952 MULBERRY STREET Architects
1288 Kifer Road, Unit 206,
Sunnyvale, CA 94086
Telephone : 408-992-0280 NEWARK - CALIFORNIA
8 Fax : 408-992-0281
Real Estate Development Consultants
Planning and Engineering
1731 Technology Drive, Suite 880 (408) 286-4555
San Jose, CA 95110 JMHWeiss.com
COVER SHEET
LEGEND
ADDRESS:
GENERAL NOTES:
BASIS OF BEARINGS:
BENCHMARK:
C-1.0
1 ABBREVIATIONS
SITE
36952 MULBERRY STREET
NEWARK, CALIFORNIA
VICINITY MAP
NTS
RESPONSIBILITY TO INDEPENDENTLY ESTIMATE
APPROXIMATE. IT SHALL BE THE CONTRACTOR'S
NOTE: EARTHWORK QUANTITIES SHOWN ARE
EARTH WORK QUANTITIES
FILL:
CUT:
EXPORT:
IMPORT:
QUANTITIES FOR HIS/HER OWN USE.
0 CY
140 CY
350 CY
210 CY
Packet Page 533
MULBERRY STREET
LOT 26
BLOCK 22
17 M 10
APN 092-0029-022
LOT 25
BLOCK 22
17 M 10
APN 092-0029-021
MULBERRY RESIDENTIAL
36952 MULBERRY STREET Architects
1288 Kifer Road, Unit 206,
Sunnyvale, CA 94086
Telephone : 408-992-0280 NEWARK - CALIFORNIA
8 Fax : 408-992-0281
Real Estate Development Consultants
Planning and Engineering
1731 Technology Drive, Suite 880 (408) 286-4555
San Jose, CA 95110 JMHWeiss.com
EXISTING &
DEMOLITION PLAN
C-2.0
2 GENERAL DEMOLITION NOTES:
LEGEND
NOTES:
Packet Page 534
JT
EUG EUG EUG EUG
GAS GAS GAS EUG EUG EUG
EUG
JT JT JT JT JT
JT
JT
JT JT JT
JT
JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT
JT JT JT
EUG
B
D
A
C-5.0
C-5.0
C-5.0
C-5.0
FF 18.65 FF 18.95
FF 18.95
FF 18.95
FF 18.65 FF 18.95
FF 18.65
FF 18.65 MULBERRY STREET
C
MULBERRY RESIDENTIAL
36952 MULBERRY STREET Architects
1288 Kifer Road, Unit 206,
Sunnyvale, CA 94086
Telephone : 408-992-0280 NEWARK - CALIFORNIA
8 Fax : 408-992-0281
Real Estate Development Consultants
Planning and Engineering
1731 Technology Drive, Suite 880 (408) 286-4555
San Jose, CA 95110 JMHWeiss.com
GRADING &
UTILITY PLAN
C-3.0
3 SEE C-3.1 FOR CONTINUATION
Packet Page 535
MULBERRY RESIDENTIAL
36952 MULBERRY STREET Architects
1288 Kifer Road, Unit 206,
Sunnyvale, CA 94086
Telephone : 408-992-0280 NEWARK - CALIFORNIA
8 Fax : 408-992-0281
Real Estate Development Consultants
Planning and Engineering
1731 Technology Drive, Suite 880 (408) 286-4555
San Jose, CA 95110 JMHWeiss.com
STORM MAIN
EXTENSION
C-3.1
4 MULBERRY STREET DAIRY AVENUE
Packet Page 536
MULBERRY STREET
MULBERRY RESIDENTIAL
36952 MULBERRY STREET Architects
1288 Kifer Road, Unit 206,
Sunnyvale, CA 94086
Telephone : 408-992-0280 NEWARK - CALIFORNIA
8 Fax : 408-992-0281
Real Estate Development Consultants
Planning and Engineering
1731 Technology Drive, Suite 880 (408) 286-4555
San Jose, CA 95110 JMHWeiss.com
STANDARD STORMWATER CONTROL NOTES:
·
·
DRAINAGE AREA BOUNDARY LINE
BIORETENTION AREA (BRA)
DRAINAGE AREA DESIGNATION
TRIBUTARY AREA
PROJECT SITE INFORMATION:
1. SOILS TYPE: C
2. GROUND WATER DEPTH: 4' - 7'
3. NAME OF RECEIVING BODY: NEWARK SLOUGH
4. FLOOD ZONE: X
5. FLOOD ELEVATION (IF APPLICABLE): NA
BIOTREATMENT SOIL REQUIREMENTS
·
·
BIOTREATMENT & FLOW-THROUGH PLANTER NOTES:
TREATMENT CONTROL MEASURE SUMMARY TABLE
DMA # TCM # Location Treatment Type LID or Non-LID Sizing Method Drainage Area (s.f.)
Impervious Area
(s.f.)
Pervious Area (Permeable
Pavement) (s.f.)
Pervious Area
(Other)
(s.f.)
% Onsite Area Treated
by LID or Non-LID TCM
Treatment Area
Required (s.f.)
Treatment Area Provided
(s.f.)
Overflow Riser
Height
(in)
1 1 Onsite Bioretention lined* w/ underdrain LID 2C. Flow: 4% Method ** 1,465 1,192 0 273 7.33% 49 51 6.0 2 - Onsite Self-treating areas LID N/A 544 0 0 544 2.72% - - - 3 3 Onsite Bioretention lined* w/ underdrain LID 2C. Flow: 4% Method ** 3,015 2,683 0 332 15.08% 109 126 6.0 4 - Onsite Self-treating areas LID N/A 730 0 0 730 3.65% - - - 5 5 Onsite Bioretention lined* w/ underdrain LID 2C. Flow: 4% Method ** 2,648 2,228 0 420 13.24% 91 64 6.0 6 6 Onsite Bioretention lined* w/ underdrain LID 2C. Flow: 4% Method ** 2,922 2,418 0 504 14.61% 99 110 6.0 7 7 Onsite Bioretention lined* w/ underdrain LID 2C. Flow: 4% Method ** 2,922 2,418 0 504 14.61% 99 110 6.0 8 8 Onsite Bioretention lined* w/ underdrain LID 2C. Flow: 4% Method ** 1,465 1,192 0 273 7.33% 49 51 6.0 9 - Onsite Self-treating areas LID N/A 544 0 0 544 2.72% - - - 10 10 Onsite Bioretention lined* w/ underdrain LID 2C. Flow: 4% Method ** 3,015 2,683 0 332 15.08% 109 126 6.0 11 - Onsite Self-treating areas LID N/A 730 0 0 730 3.65% - - - 12 - Offsite Maintenance N/A N/A 1,845 940 0 905 - - - - Totals: 20,000 14,814 0 5,186 100.00% Footnotes: * “Lined” refers to an impermeable liner placed on the bottom of a Bioretention basin or a concrete Flow-Through Planter, such that no infiltration into native soil occurs. ** Sizing for Bioretention Area Required calculated using the 4% Method ((Impervious Area + (.1 x Pervious Area)) x 0.04). Volume sizing used for gravel section sizing *** Per Chapter 2.3 of the C3 Stormwater Handbook Roadway projects that add new sidewalk along an existing roadway are exempt from Provision C.3.c of the Municipal Stormwater Permit.
BIORETENTION BASIN W/ LINER
STORMWATER
CONTROL PLAN
C-4.0
5 TABLE 1
ROUTINE MAINTENANCE ACTIVITIES FOR FLOW-THROUGH PLANTERS NO. MAINTENANCE TASK FREQUENCY OF TASK
1 INSPECT THE PLANTER SURFACE AREA, INLETS AND OUTLETS FOR OBSTRUCTIONS AND TRASH; CLEAR ANY OBSTRUCTIONS AND REMOVE TRASH. QUARTERLY 2 INSPECT PLANTER FOR STANDING WATER. IF STANDING WATER DOES NOT DRAIN WITHIN 2-3 DAYS, THE SURFACE BIOTREATMENT SOIL SHOULD BE TILLED OR REPLACED WITH THE APPROVED SOIL MIX AND REPLANTED. USE
THE CLEANOUT RISER TO CLEAR ANY UNDERDRAINS OF OBSTRUCTIONS OR CLOGGING MATERIAL.
QUARTERLY
3 CHECK FOR ERODED OR SETTLED BIOTREATMENT SOIL MEDIA. LEVEL SOIL WITH RAKE AND REMOVE/REPLANT VEGETATION AS NECESSARY. QUARTERLY 4 MAINTAIN THE VEGETATION AND IRRIGATION SYSTEM. PRUNE AND WEED TO KEEP FLOW-THROUGH PLANTER NEAT AND ORDERLY IN APPEARANCE. QUARTERLY 5 EVALUATE HEALTH AND DENSITY OF VEGETATION. REMOVE AND REPLACE ALL DEAD AND DISEASED VEGETATION. REMOVE EXCESSIVE GROWTH OF PLANTS THAT ARE TOO CLOSE TOGETHER.
ANNUALLY, BEFORE THE
RAINY SEASON BEGINS
6 USE COMPOST AND OTHER NATURAL SOIL AMENDMENTS AND FERTILIZERS
INSTEAD OF SYNTHETIC FERTILIZERS, ESPECIALLY IF THE SYSTEM USES AN UNDERDRAIN.
ANNUALLY, BEFORE THE
RAINY SEASON BEGINS
7 INSPECT THE OVERFLOW PIPE TO MAKE SURE THAT IT CAN SAFELY CONVEY EXCESS FLOWS TO A STORM DRAIN. REPAIR OR REPLACE ANY DAMAGED OR DISCONNECTED PIPING. USE THE CLEANOUT RISER TO CLEAR UNDERDRAINS OF OBSTRUCTIONS OR CLOGGING MATERIAL.
ANNUALLY, BEFORE THE
RAINY SEASON BEGINS
8 INSPECT THE ENERGY DISSIPATOR AT THE INLET TO ENSURE IT IS
FUNCTIONING ADEQUATELY, AND THAT THERE IS NO SCOUR OF THE SURFACE MULCH. REMOVE ANY ACCUMULATION OF SEDIMENT.
ANNUALLY, BEFORE THE
RAINY SEASON BEGINS
9 INSPECT AND, IF NEEDED, REPLACE WOOD MULCH. IT IS RECOMMENDED THAT 2" TO 3" OF COMPOSTED ARBOR MULCH BE APPLIED ONCE A YEAR.
ANNUALLY, BEFORE THE
RAINY SEASON BEGINS
10 INSPECT SYSTEM FOR EROSION OF BIOTREATMENT SOIL MEDIA, LOSS OF
MULCH, STANDING WATER, CLOGGED OVERFLOWS, WEEDS, TRASH AND DEAD PLANTS. IF USING ROCK MULCH, CHECK FOR 3” OF COVERAGE.
ANNUALLY AT THE END
OF THE RAINY SEASON
AND/OR AFTER LARGE
STORM EVENTS,
11 INSPECT SYSTEM FOR STRUCTURAL INTEGRITY OF WALLS, FLOW SPREADERS, ENERGY DISSIPATORS, CURB CUTS, OUTLETS AND FLOW SPLITTERS.
ANNUALLY AT THE END
OF THE RAINY SEASON
AND/OR AFTER LARGE
STORM EVENTS,
Packet Page 537
NEW BUILDING
FF 18.65
SECTION A
SCALE: 1" = 5'
PL
PL
SECTION B
SCALE: 1" = 5'
PL
SECTION C
SCALE: 1" = 5'
PL
SECTION D
SCALE: 1" = 5'
NEW BUILDING
FF 18.65
MULBERRY RESIDENTIAL
36952 MULBERRY STREET Architects
1288 Kifer Road, Unit 206,
Sunnyvale, CA 94086
Telephone : 408-992-0280 NEWARK - CALIFORNIA
8 Fax : 408-992-0281
Real Estate Development Consultants
Planning and Engineering
1731 Technology Drive, Suite 880 (408) 286-4555
San Jose, CA 95110 JMHWeiss.com
A
A
CURB OPENING
SECTIONS &
DETAILS
C-5.0
6 Packet Page 538
MULBERRY RESIDENTIAL
36952 MULBERRY STREET Architects
1288 Kifer Road, Unit 206,
Sunnyvale, CA 94086
Telephone : 408-992-0280 NEWARK - CALIFORNIA
8 Fax : 408-992-0281
Real Estate Development Consultants
Planning and Engineering
1731 Technology Drive, Suite 880 (408) 286-4555
San Jose, CA 95110 JMHWeiss.com
USD & ACWD
DETAILS
C-5.1
7 Packet Page 539
JT
EUG EUG EUG EUG
GAS GAS GAS
JT JT JT JT
JT
JT
JT JT JT
JT
JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT JT
JT JT JT MULBERRY STREET
LOT A
GENERAL NOTES:
BASIS OF BEARINGS PROJECT BENCHMARK
LEGEND & ABBREVIATIONS
VESTING TENTATIVE TRACT 8603
8 Real Estate Development Consultants
Planning and Engineering
1731 Technology Drive, Suite 880 (408) 286-4555
San Jose, CA 95110 JMHWeiss.com
FOR RESIDENTIAL CONDOMINIUM PURPOSES
MULBERRY RESIDENTIAL
NEWARK - CALIFORNIA
VICINITY MAP
SITE
THORNTON AVENUE
DAIRY AVENUE
VESTING TENTATIVE
TRACT MAP
C-6.0
8 Packet Page 540
Packet Page 541
Packet Page 542
Packet Page 543
Packet Page 544
June 22, 2023
City Council Meeting
Joseph Balatbat, Associate Planner
Mulberry Residential Project
(DR2021-006)
Packet Page 545
Agenda
1. Project Summary
2. Site Information
3. Site Plan
4. Elevations
5. CEQA Exemption
6. Recommendation
7. Questions?
Packet Page 546
Project Summary
Applicant: Rajesh Rao
Architect: Anthony Ho, LPMD Architects
Request: City Council review and approval of the following entitlements:
➢ Design Review for the construction of a new 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings.
➢ Vesting Tentative Map to allow for the merger of the two existing lots for the new residential development to be on an approximately 0.46 acres (20,000 square feet) lot.
Packet Page 547
Site Information
Multi-family
Residential
Single-family
Residential
Multi-family
Residential
Single-family
Residential
Office
Tutoring
Center
Single-family
Residential
Office
Multi-family
Residential
Vacant
Multi-family
Residential
Packet Page 548
Site Plan
Packet Page 549
Site Plan (cont.)
Packet Page 550
Site Plan (cont.)
Packet Page 551
Elevations
Packet Page 552
Elevations
Packet Page 553
Elevations
Unit 1 & 2 Unit 3 & 4
Unit 5 & 6 Unit 7 & 8
Packet Page 554
CEQA Exemption
• Pursuant to CEQA Guidelines, Article 19, §15332 (In-fill Development Projects), the project qualifies for the Class 32 Categorical Exemption.
• The project meets the conditions for a Class 32 Categorical Exemption, in that:
➢ The project would be consistent with the Medium Density Residential General Plan land use designation and RM:
Residential Medium Density zoning district. Additionally, the proposed project would be consistent with all applicable General Plan policies and all applicable Zoning Code regulations. ➢ The project would be developed on an approximately 0.46 acres (20,000 square feet) lot that would continue to be substantially surrounded by urban uses.
➢ The project is not located within any special habitat area. ➢ The project would not anticipate having any significant impact on traffic as it would generate less than 100 new traffic trips in a day. Therefore, a traffic analysis was not required. The proposed project would also not result in any significant impacts to noise, air quality, or water quality so as long as the conditions of approval in Attachment 1, Exhibit B are satisfied.
➢ The project would be located in a developed urban area where all utilities are existing. The proposed project would be adequately served by all required utilities and public services so as long the conditions of approval in Attachment 1, Exhibit B are satisfied.
Packet Page 555
Recommendation
Staff recommends that the City Council approve DR2021-006, a Resolution of the following actions:
1. Design Review for the construction of a new 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings; and,
2. Vesting Tentative Map to allow for the merger of the two existing lots for the new 8-unit forsale condominium residential development comprised of (4) two-unit dwellings to be on an approximately 0.46 acres (20,000 square feet) lot.
Packet Page 556
Questions?
Thank you!
&
Questions?
Packet Page 557
Item F. 1.
DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Soren Fajeau, Public Works Director
SUBJECT Adopt resolutions for approval of Annual Engineer's Reports, intention to levy and collect assessments and setting a public hearing for July 13, 2023, for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 for Fiscal Year 2024 in accordance with the provisions of the Landscaping and Lighting Act of 1972 SUMMARY AND RECOMMENDATION
The City of Newark previously completed all necessary proceedings to establish Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (collectively "Districts") to fund ongoing landscaping and lighting maintenance and improvements at various locations. For each upcoming fiscal year, it is necessary for the City Council to initiate proceedings for the levy and collection of assessments for the Districts, approve the Annual Engineer's Reports which detail the assessments for each of the Districts, and conduct a public hearing. The City Council adopted Resolution No. 11499 on April 27, 2023, to initiate proceedings to provide for the levy of assessments for Fiscal Year 2024 and to direct the City Engineer to prepare and file the Annual Engineer's Reports with the City Clerk. The Annual Engineer's Reports have been prepared and filed for City Council's consideration.
Staff recommends that the City Council: (1) by resolution, approve the Annual Engineer’s Reports; and, (2) by resolution, declare an intention to levy and collect assessments and set the date for the annual public hearing for July 13, 2023, for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 for Fiscal Year 2024 in accordance with the provisions of the Landscaping and Lighting Act of 1972.
BACKGROUND
The City Council previously established the Districts to provide for the annual operation and maintenance of certain landscaping and lighting improvements benefiting property within the Districts as summarized below.
Landscaping and Lighting District No. 1: Central Avenue between Filbert Street and Willow Street - Provides for the maintenance of median landscaping on Central Avenue between Filbert Street and Willow Street and buffer landscaping adjacent to the Alameda County Flood Control channel immediately west of Filbert Street, and for the maintenance and operation of median streetlights along this portion of Central Avenue.
Packet Page 558
Landscaping and Lighting District No. 2: Jarvis Avenue and Newark Boulevard adjacent to Dumbarton Technology Park and Four Corners shopping centers – Provides for the maintenance of Jarvis Avenue and Newark Boulevard median island and in-tract buffer landscaping and landscape irrigation systems adjacent to and within the boundaries of Tract 5232, the Dumbarton Industrial Park, and the Four Corners shopping centers.
Landscaping and Lighting District No. 4: Stevenson Boulevard and Cherry Street adjacent to New Technology Park - Provides for the maintenance of Stevenson Boulevard median island landscaping from the Nimitz Freeway to the railroad tracks west of Cherry Street and maintenance of median islands and up to 50 feet of greenbelt landscaping adjacent to Cherry Street and the interior loop streets within the boundaries of Stevenson Point Technology Park, the maintenance of landscaping across from the Newark Unified School District property on Cherry Street, and the street lighting maintenance, trash capture device maintenance, and neighborhood park maintenance related to Benefit Zone No. 2 (Sanctuary).
Landscaping and Lighting District No. 6: Cedar Boulevard and Duffel Redevelopment Area No. 2 – Authorized to provide for the maintenance of all street landscaping within the public right-of-way, and landscaping and landscape irrigation systems within easement areas and developed properties in Redevelopment Area No. 2 at Cedar Boulevard and Stevenson Boulevard, plus the Stevenson Station Shopping Center.
The district is inactive at this time because all the improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the district may be activated, so funding is available for the City to maintain the improvements.
Landscaping and Lighting District No. 7: Newark Boulevard and Rosemont Square Shopping Center – Provides for the maintenance of buffer landscaping and the landscape irrigation system within the public right-of-way and easement areas for Rosemont Square Shopping Center.
Landscaping and Lighting District No. 10: Various locations throughout the City – Authorized to provide for the maintenance of street lighting, landscaping and landscape irrigation systems within public right-of-way and easement areas located throughout the City. A benefit zone has been established for each maintenance area. All benefit zones are inactive at this time because the improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the applicable benefit zone may be activated, so funding is available for the City to maintain the improvements.
Landscaping and Lighting District No. 11: Edgewater Drive - Provides for the maintenance of landscaped medians on Edgewater Drive.
Landscaping and Lighting District No. 13: Citation Homes and Bren developments on Thornton Avenue – Authorized to provide for maintenance of the landscaping and irrigation systems for Thornton Avenue, Cedar Boulevard, Willow Street, and other streets within these subdivisions. This district was relieved from the responsibility for maintenance of median landscaping on Thornton Avenue in May 1997. The district is Packet Page 559
inactive at this time because all the improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the district may be activated, so funding is available for the City to maintain the improvements.
Landscaping and Lighting District No. 15: Robertson Avenue at Iris Court - Provides for the maintenance of the landscaping and irrigation systems on Robertson Avenue at Iris Court.
Landscaping and Lighting District No. 16: Kiote Drive in Tract 6671 – Provides for the maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement along the street frontage of Kiote Drive in Tract 6671, along with the landscaping, irrigation system, recreation facilities associated with the mini-park common area and any related appurtenant improvements.
Landscaping and Lighting District No. 17: Newark Boulevard and Mayhews Landing Road in Tract 7004 – Provides for the maintenance of landscaping and the landscape irrigation system within the public right-of-way of the Newark Boulevard and Mayhews Landing Road frontages of Tract 7004.
Landscaping and Lighting District No. 18: Cedar Boulevard along the frontage of Tract 8130 – Provides for the maintenance of landscaping and the landscape irrigation system within the Cedar Boulevard median area along the frontage of Tract 8130 between Central Avenue and Smith Avenue.
Landscaping and Lighting District No. 19: Willow Street and Enterprise Drive in the Bayside Newark Transit Oriented Development – Provides for the maintenance of landscaping and the landscape irrigation system within the Willow Street and Enterprise Drive medians and traffic circles, maintenance of public street lighting systems, and maintenance of other improvements related to each benefit zone associated with the Bayside Newark Transit Oriented Development.
Pursuant to Section 22620 of the Landscaping and Lighting Act of 1972, the City Council, with Resolution No. 11499 adopted on April 27, 2023, initiated proceedings to provide for the levy of assessments for Fiscal Year 2024 in order to provide for the necessary costs and expenses pertaining the maintenance of improvements with these districts and directed the City Engineer to prepare and file the Annual Engineer's Reports for each District with the City Clerk.
DISCUSSION/ANALYSIS
The Annual Engineer's Reports for all Districts have been filed with the City Clerk as directed. There are no new improvements or substantial changes to existing improvements associated with the Districts for Fiscal Year 2024. City staff is recommending Fiscal Year 2024 assessments for the Districts be levied in alignment with recent years at or below the respective authorized maximum rates to pay for operation and maintenance of landscaping and lighting improvements.
For Landscaping and Lighting District Nos. 1, 2, 4 (Benefit Zone 1), 7, 11, 15, 16, 17, and 18, the authorized maximum assessment rates are recommended to be levied for Packet Page 560
and 18, the authorized maximum assessment rates are recommended to be levied for Fiscal Year 2024. For Landscaping and Lighting District Nos. 6, 10, and 13, no assessments are proposed to be levied for Fiscal Year 2024. For Landscaping and Lighting District Nos. 4 (Benefit Zone No. 2) and 19 (All Benefit Zones), assessment rates below the authorized maximum are proposed to be levied for Fiscal Year 2024.
Upon conclusion of the annual public hearings, the assessments for the cost of the work would be added to the tax bills for those property owners included within the boundaries of active districts. Excess funds, or funds collected for which work was not completed, can be carried over from one year to the next.
FISCAL IMPACT
If assessments for the Districts are not levied, there would be a total revenue loss of approximately $392,500 for Fiscal Year 2024 to fund the annual operation and maintenance of certain landscaping and lighting improvements benefiting property within the Districts.
REVIEW AND APPROVAL
Prepared by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Resolution Approving Annual Engineer's Reports
Resolution Declaring Intent to Levy Assessments and Setting Public Hearing Date L&L No. 1 Annual Engineer's Report
L&L No. 2 Annual Engineer's Report
L&L No. 4 Annual Engineer's Report
L&L No. 6 Annual Engineer's Report
L&L No. 7 Annual Engineer's Report
L&L No. 10 Annual Engineer's Report
L&L No. 11 Annual Engineer's Report
L&L No. 13 Annual Engineer's Report
L&L No. 15 Annual Engineer's Report
L&L No. 16 Annual Engineer's Report
L&L No. 17 Annual Engineer's Report
L&L No. 18 Annual Engineer's Report
L&L No. 19 Annual Engineer's Report
Packet Page 561
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING THE ANNUAL ENGINEER’S
REPORTS FOR LANDSCAPING AND LIGHTING DISTRICT
NOS. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 AND 19, FOR FISCAL YEAR 2024 IN ACCORDANCE WITH THE
PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT
OF 1972
WHEREAS, the City Council of the City of Newark previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (the “Act”) to establish Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (the “Districts”) in order to fund ongoing maintenance and improvements authorized under the Act; and WHEREAS, there are no new proposed improvements or any substantial changes to existing improvements in the Districts; and
WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Districts; and
WHEREAS, the City designates the City Engineer to prepare and file reports in accordance with Section 22565, et seq., of the Act (the “Annual Engineer’s Reports”); and WHEREAS, pursuant to Section 22622 of the Act, the City Council, with Resolution No. 11499 adopted on April 27, 2023, initiated proceedings to provide for the levy of assessments for Fiscal Year 2024 in order to provide for the necessary costs and expenses pertaining to the maintenance of the improvements within the Districts and ordered the City Engineer to prepare and file with the City Clerk the Annual Engineer’s Reports.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Annual Engineer’s Reports for Fiscal Year 2024 submitted to the City Clerk pursuant to City Council Resolution No. 11499 are hereby approved as filed.
Packet Page 562
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK DECLARING INTENTION TO LEVY AND
COLLECT ASSESSMENTS FOR LANDSCAPING AND
LIGHTING DISTRICT NOS. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 AND 19, FOR FISCAL YEAR 2024 AND SETTING THE
ANNNUAL PUBLIC HEARING DATE FOR JULY 13, 2023 IN
ACCORDANCE WITH THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972
WHEREAS, the City Council of the City of Newark previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (the “Act”) to establish Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (the “Districts”) in order to fund ongoing maintenance and improvements authorized under the Act; and WHEREAS, there are no new proposed improvements or any substantial changes to existing improvements in the Districts; and
WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Districts; and
WHEREAS, the City designates the City Engineer to prepare and file reports in accordance with Section 22565, et seq., of the Act (the “Annual Engineer’s Reports”); and WHEREAS, pursuant to Section 22622 of the Act, the City Council, with Resolution No. 11499 adopted on April 27, 2023, initiated proceedings to provide for the levy of assessments for Fiscal Year 2024 in order to provide for the necessary costs and expenses pertaining to the maintenance of the improvements within the Districts and ordered the City Engineer to prepare and file with the City Clerk the Annual Engineer’s Reports.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that:
1. The City Council intends to levy and collect assessments within Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 during Fiscal Year 2024. The area of land to be assessed is located in the City of Newark, Alameda County.
2. The improvements to be made in these assessment districts are generally described as follows:
Landscaping and Lighting District No. 1: Central Avenue between Filbert Street and Willow Street - Provides for the maintenance of median landscaping on Central Avenue between Filbert Street and Willow Street and buffer landscaping adjacent to the Alameda County Flood Control channel immediately west of Filbert Street, and for the maintenance and operation of median streetlights along this portion of Central Avenue.
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2 Landscaping and Lighting District No. 2: Jarvis Avenue and Newark Boulevard adjacent to Dumbarton Technology Park and Four Corners shopping centers – Provides for the maintenance of Jarvis Avenue and Newark Boulevard median island and in-tract buffer landscaping and landscape irrigation systems adjacent to and within the boundaries of Tract 5232, the Dumbarton Industrial Park, and the Four Corners shopping centers.
Landscaping and Lighting District No. 4: Stevenson Boulevard and Cherry Street adjacent to New Technology Park - Provides for the maintenance of Stevenson Boulevard median island landscaping from the Nimitz Freeway to the railroad tracks west of Cherry Street and maintenance of median islands and up to 50 feet of greenbelt landscaping adjacent to Cherry Street and the interior loop streets within the boundaries of Stevenson Point Technology Park, the maintenance of landscaping across from the Newark Unified School District property on Cherry Street, and the street lighting maintenance, trash capture device maintenance, and neighborhood park maintenance related to Benefit Zone No. 2 (Sanctuary).
Landscaping and Lighting District No. 6: Cedar Boulevard and Duffel Redevelopment Area No. 2 – Authorized to provide for the maintenance of all street landscaping within the public right-of-way, and landscaping and landscape irrigation systems within easement areas and developed properties in Redevelopment Area No. 2 at Cedar Boulevard and Stevenson Boulevard, plus the Stevenson Station Shopping Center. The district is inactive at this time because all the improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the district may be activated, so funding is available for the City to maintain the improvements.
Landscaping and Lighting District No. 7: Newark Boulevard and Rosemont Square Shopping Center – Provides for the maintenance of buffer landscaping and the landscape irrigation system within the public right-of-way and easement areas for Rosemont Square Shopping Center.
Landscaping and Lighting District No. 10: Various locations throughout the City – Authorized to provide for the maintenance of street lighting, landscaping and landscape irrigation systems within public right-of-way and easement areas located throughout the City. A benefit zone has been established for each maintenance area. All benefit zones are inactive at this time because the improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the applicable benefit zone may be activated, so funding is available for the City to maintain the improvements.
Landscaping and Lighting District No. 11: Edgewater Drive - Provides for the maintenance of landscaped medians on Edgewater Drive.
Landscaping and Lighting District No. 13: Citation Homes and Bren developments on Thornton Avenue – Authorized to provide for maintenance of the landscaping and irrigation systems for Thornton Avenue, Cedar Boulevard, Willow Street, and other streets within these subdivisions. This district was relieved from the responsibility for maintenance of median landscaping on Thornton Avenue in May 1997. The district is inactive at this time because all the improvements are privately maintained to City Packet Page 564
3 standards. Should the improvements not be maintained to City standards, the district may be activated, so funding is available for the City to maintain the improvements.
Landscaping and Lighting District No. 15: Robertson Avenue at Iris Court - Provides for the maintenance of the landscaping and irrigation systems on Robertson Avenue at Iris Court.
Landscaping and Lighting District No. 16: Kiote Drive in Tract 6671 – Provides for the maintenance of landscaping and the landscape irrigation system within the public rightof-way and adjacent easement along the street frontage of Kiote Drive in Tract 6671, along with the landscaping, irrigation system, recreation facilities associated with the mini-park common area and any related appurtenant improvements.
Landscaping and Lighting District No. 17: Newark Boulevard and Mayhews Landing Road in Tract 7004 – Provides for the maintenance of landscaping and the landscape irrigation system within the public right-of-way of the Newark Boulevard and Mayhews Landing Road frontages of Tract 7004.
Landscaping and Lighting District No. 18: Cedar Boulevard along the frontage of Tract 8130 – Provides for the maintenance of landscaping and the landscape irrigation system within the Cedar Boulevard median area along the frontage of Tract 8130 between Central Avenue and Smith Avenue.
Landscaping and Lighting District No. 19: Willow Street and Enterprise Drive in the Bayside Newark Transit Oriented Development – Provides for the maintenance of landscaping and the landscape irrigation system within the Willow Street and Enterprise Drive medians and traffic circles, maintenance of public street lighting systems, and maintenance of other improvements related to each benefit zone associated with the Bayside Newark Transit Oriented Development.
There are no new improvements or substantial changes to existing improvements associated with the Districts for Fiscal Year 2024. City staff is recommending Fiscal Year 2024 assessments for the Districts be levied in alignment with recent years at or below the respective authorized maximum rates to pay for operation and maintenance of landscaping and lighting improvements.
3. In accordance with City Council Resolution No. 11499 directing the filing of annual Engineer’s Reports, the City Engineer, Engineer of Work, has filed with the City Clerk the reports required by the Landscaping and Lighting Act of 1972. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the assessment district.
4. On Thursday, the 13th of July, 2023, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing on the question of levy and collection of the proposed annual assessments. The hearing will be held at the meeting place of the City Council located in the City Administration Building, 37101 Newark Boulevard, Newark, California.
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4 5. The City Clerk is authorized and directed to give the notice of hearing as required by the Landscaping and Lighting Act of 1972.
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Landscaping and Lighting District No. 1
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 1 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E – Assessment Roll ................................................... 16 Packet Page 568
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 1 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 1
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 1 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 1 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-island and buffer landscaping and median-island streetlight improvements benefiting parcels within the boundaries of the District.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
The District generally consists of those properties both fronting and adjacent to Central Avenue and between Filbert Street to the east and Willow Street to the west. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(b) exempted:
“Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessment shall be subject to the procedures and approval process set forth in Section 4.” The City determined that the annual assessments originally established for the District were established by a petition signed by the persons owning all the parcels subject to the assessment at the time the assessment was originally proposed. As such, pursuant to Article XIIID Section 5(b), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 1 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.
The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 1
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith. The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: DESCRIPTION OF ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 1 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 1 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 1 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
The maintenance and operation of median-island and buffer landscaping and the landscape irrigation system and median-island lighting located on Central Avenue between Filbert Street and Willow Street. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, replanting costs, and power costs.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ESTIMATE OF COSTS 8 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included.
The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Projected Revenues
Assessment Revenue $41,547
Non-Assessment Revenues $0
Total Projected Revenues $41,547
Projected Expenses
Contract Services ($18,082)
Utilities ($4,535)
Administration and Incidentals ($19,869)
County Collection Fees ($706)
Unforeseen Maintenance and Repairs1 ($2,160)
Total Projected Expenses ($45,351)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $184,969
Reserve Fund Collection Increase/(Decrease) ($3,804)
Ending Fund Balance - June 30, 2024 $181,165
Recommended Operating Reserves $22,676
Available Operating Reserves $22,676
Available Capital Reserves2 $158,490
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 2 Includes $126,850 for future Plant Replacement and $8,000 for future Streetlight Replacement projects.
Landscaping and Lighting District No. 1
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.
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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ASSESSMENT DIAGRAM 10 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
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CENTRAL AV
WILLOW ST
ENTERPRISE DR
FILBERT ST
BACK BAY RD
BAY CREST RD
WELLS AV
MORTON AV
PERRIN AV
CABOT CT
SPRING TIDE RD
MARINE WY
BREAKERS RD
SEAWIND WY
ALEPPO DR
BLUFF WY
BAYPORT WY
BLUETIDE WY
COMPASS WY
JETTY WY
BAYSHORES AV
PENINSULA WY
CENTRAL CT
SANDY COVE WY
DUNES WY
PORTSIDE WY
ENTERPRISE CT
LATITUDES LN
BLUE ANCHOR WY
ASSESSMENT DIAGRAM
LANDSCAPING AND LIGHTING DISTRICT NO. 1
Legend
LLD No. 1 Boundary
Parcels ± 0 750 1,500
Feet
(CENTRAL AVENUE)
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 12 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was established.
The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of the District. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and Packet Page 581
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 13 services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
o Well-lit medians contribute to property visibility, especially during nighttime, benefiting businesses or properties seeking attention and attracting customers. It also adds to the visual appeal, attractiveness, and inviting nature of the area.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. o Well-maintained and well-lit medians can have a positive impact on property values in the surrounding area. Adequate lighting is seen as a desirable feature, making properties more appealing to potential buyers or tenants. • Safety:
o Median and buffer landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
o Well-lit medians contribute to improved safety for both motorists and pedestrians traveling to and from properties within the District. Adequate lighting enhances visibility, reducing the risk of accidents and improving overall traffic safety. It also facilitates easier access to adjacent properties. • Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 14 These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping and lighting that improves safety and access to the property and provides visual and environmental benefits to the properties within the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.
Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services. The City and Engineer of Work at the time of District formation determined that each property’s linear foot of frontage along Willow Avenue receives a similar benefit from the improvements. Therefore, it was determined that the most appropriate method of apportioning costs was to assess properties based on a front footage basis for all parcels fronting Central Avenue between Filbert Street and Willow Street. This methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.
In Fiscal Year 2023-24, the City proposes to collect the maximum assessment revenue from the assessable parcels located in the District, which amounts to $6.01 per linear foot of frontage to be levied. A listing of each assessable parcel and their proposed Fiscal Year 2023-24 assessment is on the Assessment Roll in Part E of this Report.
Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightsof-ways, public greenbelts and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City.
These types of parcels do not benefit from the improvements.
Appeals and Interpretations
Any property owner who feels the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Packet Page 583
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 15 Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ASSESSMENT ROLL 16 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.
The total proposed assessment for Fiscal Year 2023-24 is $41,547.08.
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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 1
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092 -0116-035-03 $2,091.48
092 -0116-048-00 $4,303.16
092 -0116-049-00 $2,758.58
092 -0116-050-00 $1,364.26
092 -0116-055-00 $3,071.10
092 -0116-056-00 $2,776.62
092 -0116-057-00 $3,029.04
092 -0116-064-00 $1,358.26
092 -0116-065-00 $1,238.06
092 -0116-066-00 $2,686.46
092 -0116-068-00 $168.28
092 -0116-069-00 $168.28
092 -0116-070-00 $168.28
092 -0116-071-00 $168.28
092 -0116-072-00 $168.28
092 -0116-073-00 $168.28
092 -0116-074-00 $168.28
092 -0116-075-00 $168.28
092 -0116-076-00 $168.28
092 -0116-077-00 $168.28
092 -0116-078-00 $168.28
092 -0116-079-00 $168.28
092 -0251-012-00 $2,079.46
092 -0251-014-00 $2,019.36
092 -0252-011-00 $4,387.30
092 -0252-012-00 $727.20
092 -0252-015-00 $5,637.38
Total Parcels: 27
Total Assessment: $41,547.08
PART E - 1 06/05/23
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Landscaping and Lighting District No. 2
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 2 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 15
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 2 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 2
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 2 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 2 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of landscaping improvements within the public right-of-way within the boundaries of the District.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
The District generally consists of those properties west of Jarvis Avenue, north of the railroad tracks, east of California State Route 84, and south of the City owned parcel at the corner of Jarvis Avenue and Cardiff Street. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were for the maintenance and operation of landscape and medians within the public street rights-of-way. As such, pursuant to Article XIIID Section 5(a), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 2 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.
The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 2
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith.
The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 2 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 2 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 2 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
The maintenance of Jarvis Avenue median-island and buffer landscaping and landscape irrigation system, and lighting adjacent to and within the boundaries of Tract 5232 and the Dumbarton Industrial Park. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, replanting costs, and power costs.
The maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas adjacent to the public right-of-way on Dumbarton Court, Jarvis Avenue and Newark Boulevard, and the 10-foot wide landscape easement in lots 6 and 7 of Tract 5232 adjoining the property within Parcel Map 5618.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ESTIMATE OF COSTS 8 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the Districts can also be included.
The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Projected Revenues
Assessment Revenue $26,678
Non-Assessment Revenues $0
Total Projected Revenues $26,678
Projected Expenses
Contract Services ($5,733)
Utilities ($3,797)
Administration and Incidentals ($12,986)
County Collection Fees ($454)
Unforeseen Maintenance and Repairs1 ($1,148)
Total Projected Expenses ($24,118)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $169,971
Reserve Fund Collection Increase/(Decrease) $2,560
Ending Fund Balance - June 30, 2024 $172,531
Recommended Operating Reserves $12,059
Available Operating Reserves $12,059
Available Capital Reserves2 $160,471
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 2 Includes $97,000 for future Plant Replacement projects.
Landscaping and Lighting District No. 2
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures that are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.
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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ASSESSMENT DIAGRAM 10 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report.
The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
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SR84
JARVIS AV
NEWARK BLVD
CEDAR BL
LIDO BL
LAKE BL
BLACKBURN DR
CHAPMAN DR
NEWARK OFF SR84 RAMP EB
BRITTANY AV
TOURRAINE DR
NORMANDY DR
ORLEANS DR
ABINGTON DR
FIRCREST ST
CASTILLON DR
GATEWAY BL
FLANDERS DR
REYMOUTH DR
CARDIFF ST
PORTSMOUTH AV
RAVENWOOD AV
MADELAINE DR
OVERLAKE PL
RUSCHIN DR
PROVANCE ST
LIDO CT
DUMBARTON CT
DONEGAL CT
WYCOMBE PL
STIRLING CT
DOVER CT
BISCAY PL
ASSESSMENT DIAGRAM
LANDSCAPING AND LIGHTING DISTRICT NO. 2
Legend
LLD No. 2 Boundary
Parcels ± 0 950 1,900
Feet
(NEWARK BOULEVARD AT JARVIS AVENUE)
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 2 METHOD OF APPORTIONMENT 12 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was established.
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 2 METHOD OF APPORTIONMENT 13 The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of the District. The apportioning of special benefit is a two-step process:
the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements.
The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o Median landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.
These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping that improves safety and access to the property and provides visual and environmental benefits to the properties within the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 2 METHOD OF APPORTIONMENT 14 Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.
Therefore, the City and Engineer of Work at the time of District formation determined the project costs related to Jarvis Avenue west of Dumbarton Court and for Dumbarton Court, including a proportionate share of the incidental expenses will be spread on the basis of area to lots which front Jarvis Avenue and Dumbarton Court. Project costs related to improvements on Jarvis Avenue east of Dumbarton Court and on Newark Boulevard, including a proportionate share of incidental expenses will be spread to properties fronting this segment of Jarvis Avenue and Newark Boulevard on the basis of area, but after buildings are constructed, these costs are to be spread on the basis of building square footage, with costs allocated to undeveloped property based on the maximum building size permitted on the parcel. This methodology distributes assessments in proportion to the estimated special benefit conferred to property and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.
In Fiscal Year 2023-24, the maximum allowable assessment for each assessable parcel within the District is needed to cover the annual costs. A listing of each assessable parcel and their proposed Fiscal Year 2023-24 assessment is on the Assessment Roll in Part E of this Report.
Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements.
Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ASSESSMENT ROLL 15 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.
The total proposed assessment for Fiscal Year 2023-24 is $26,678.00.
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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 2
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-2596-001-00 $134.00
092A-2596-002-00 $44.00
092A-2596-003-00 $77.00
092A-2596-004-00 $797.00
092A-2596-005-00 $74.00
092A-2596-006-00 $83.00
092A-2596-007-00 $66.00
092A-2596-008-00 $202.00
092A-2596-009-00 $796.00
092A-2596-010-00 $377.00
092A-2596-011-00 $161.00
537 -0521-014-00 $1,643.00
537 -0521-015-00 $198.00
537 -0521-023-02 $25.00
537 -0521-024-02 $55.00
537 -0521-025-00 $99.00
537 -0521-026-00 $38.00
537 -0521-027-00 $73.00
537 -0521-028-00 $78.00
537 -0521-036-00 $631.00
537 -0521-037-00 $820.00
537 -0521-038-00 $14,308.00
537 -0521-039-00 $2,306.00
537 -0521-045-00 $743.00
537 -0521-046-00 $57.00
537 -0521-047-00 $304.00
537 -0521-048-00 $195.00
537 -0855-001-00 $114.70
537 -0855-002-00 $114.70
537 -0855-003-00 $114.70
537 -0855-004-00 $114.70
537 -0855-005-00 $114.70
537 -0855-006-00 $114.70
537 -0855-007-00 $114.70
537 -0855-008-00 $114.70
537 -0855-009-00 $114.70
537 -0855-010-00 $114.70
537 -0855-011-00 $114.70
537 -0855-012-00 $114.70
537 -0855-013-00 $114.70
537 -0855-014-00 $114.70
537 -0855-015-00 $114.70
537 -0855-016-00 $114.70
537 -0855-017-00 $114.70
537 -0855-018-00 $114.70
537 -0855-019-00 $114.70
537 -0855-020-00 $114.70
Total Parcels: 47
Total Assessment: $26,678.00
PART E - 1 06/05/23
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Landscaping and Lighting District No. 4
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 4 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 9 Part C – Assessment District Diagram ................................11 Part D – Method of Apportionment of Assessments............13 Part E - Assessment Roll ....................................................20 Packet Page 607
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 4 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 4
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 4 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 4 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-island and buffer landscape, streetlight, and park improvements benefiting parcels within the boundaries of the District. Since formation, an additional zone of benefit was created on September 14, 2017.
Following annexation of the zone of benefit referenced above, the District consists of the following two (2) zones of benefit:
• Zone 1 (New Technology Park and Stevenson Point Techpark) The area includes office, commercial, and institutional establishments in the City known as the New Technology Park and the Stevenson Point Techpark. • Zone 2 (Sanctuary)
The Sanctuary development includes Tract 8270 and is comprised of 386 single family homes and private roads.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed and the additional zone of benefit was established.
The District generally consists of those properties south of Cherry Street, west of Stevenson Boulevard, north of the railroad tracks and east of Mowry Avenue. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District and each zone of benefit is provided in Part C of this Report.
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 4 INTRODUCTION
2 Impacts of Proposition 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.
These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessments were anticipated in the assessment formula (e.g., CPI increase or assessment cap) then the assessment would comply with the intent and provisions of Proposition 218.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District and each benefit zone, (2) a cost estimate for the District and each benefit zone, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District and each benefit zone.
The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 4
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith. The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
• The Landscape Improvements include, but are not limited to landscaping, planting, turf, trees, irrigation systems, and fixtures in parks, public street and sidewalk rights-of-way, including medians, traffic circles, parkways and other easements dedicated to the City within, and adjacent to, the zones.
• Street Lighting Improvements include, but are not limited to poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public street and sidewalk rights-of-way and other easements dedicated to the City within, and adjacent to, the zones.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of these diagrams is on file with the City’s Public Works Department.
A more detailed description of the facilities which either have or will be constructed, operated, maintained, and serviced within each of the District benefit zones follows.
Zone 1 (New Technology Park and Stevenson Point Techpark) Landscape Improvements
The Landscape Improvements include streetscapes and medians, specifically:
• The maintenance of Stevenson Boulevard median-island landscaping from the Nimitz Freeway to Cherry Street.
• The Maintenance of median-island and up to 50-feet of green belt landscaping and street lighting adjacent to Cherry street and the interior loop street within the boundaries of New Technology Park.
• The maintenance of landscaping across the Newark Unified School District parcel on Cherry Street.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 8 Zone 2 (Sanctuary)
Park and Landscape Improvements
Zone 2 is responsible for maintaining the existing District improvements identified previously in Zone 1, as well as additional maintenance and servicing of a neighborhood park and trash capture devices as listed below. Park maintenance includes turf, trees, and irrigation.
• Neighborhood Park located north of Dragonfly Street, between Sea Turtle and Brush Rabbit.
• 6 trash capture devices on Cherry Street.
• 2 trash capture devices on Stevenson Boulevard.
• 3 trash capture devices on Tom Cod Street.
All other improvements associated with Zone 2 including landscaping, sidewalk rightsof-way, medians, parkways, and other easements dedicated to the City will be maintained by a Homeowner’s Association and will not be assessed to parcels within the District.
Street Lighting Improvements
The Street Lighting Improvements include fifty-one (51) streetlights located throughout Tract 8270 located along streets within the zone.
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ESTIMATE OF COSTS 9 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included.
Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Zone 1 Zone 2
Total
Amount
Projected Revenues
Assessment Revenue $37,082 $74,907 $111,989
Non-Assessment Revenues1 $497 $5,916 $6,413
Total Projected Revenues $37,579 $80,823 $118,401
Projected Expenses
Contract Services ($9,887) ($19,973) ($29,860)
Utilities ($4,694) ($9,481) ($14,175)
Administration and Incidentals ($5,727) ($11,570) ($17,297) County Collection Fees ($630) ($1,273) ($1,904)
Landscape Replacement $0 $0 $0
Total Projected Expenses ($21,985) ($44,412) ($66,397)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $297,286 $480,427 $777,713 Reserve Fund Collection Increase/(Decrease) $15,593 $36,411 $52,004 Ending Fund Balance - June 30, 2024 $312,879 $516,838 $829,717 Recommended Operating Reserves $10,993 $22,206 $33,199
Available Operating Reserves $10,993 $22,206 $33,199
Available Capital Reserves3 $301,886 $494,632 $796,518
1 Non-Assessment Revenues equate to the City contribution in the amount of $1,551 for General Benefits and $4,912 for Special Benefits conferred to property not in the District. 2 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 3 Includes $156,000 for future Plant Replacement and $5,000 for future Streetlight Replacement projects.
Landscaping and Lighting District No. 4
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ESTIMATE OF COSTS 10 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.
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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ASSESSMENT DIAGRAM 11 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District and each zone of benefit are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
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CHERRY ST
MOWRY AV
STEVENSON BL
ADDITION RD
DRAGONFLY ST
TOMCOD ST
LEVI ST
EUREKA DR
SEAL DR
STATION RD
CEDAR BL
SPADEFOOT AV
BRUSH RABBIT AV
EBBETTS ST
PARADA ST
TRUCKEE CT
GOOSE WY
MULE DEER ST
BALENTINE DR
TULE ELK WY
PELTON TE
JOAQUIN MURIETA AV
SAWYER TE
SOUTH DARNER DR
POTRERO DR
WAXWING DR
ASSESSMENT DIAGRAM
Legend
Parcels
LLD No. 4 Zone 1
LLD No. 4 Zone 2 ± 0 1,500 3,000
Feet
(NEW TECHNOLOGY PARK AND STEVENSON POINT TECHPARK)
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ZONE 1AND 2
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 13 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 streetlights, landscaping, parks, trails, open space, 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 formula used for calculating assessments in the District therefore needs to reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.
The 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public Packet Page 621
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 14 easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.
The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. In order for the City to separate out the general and special benefits for each improvement type, an analysis of each improvement was conducted. The analysis reviewed the purpose and users of each improvement, and then identified the properties that may benefit from the improvement both within and outside the City and within and outside each zone of benefit, and then allocated the costs to maintain, service, and replace each improvement type to each identified property.
Because general benefits are not assessable, any costs associated with general benefits or special benefits assigned to properties within and outside the City and not in a District zone of benefit are to be paid for by the City. Only the costs associated with the special benefits conferred on property within each zone of benefit from the authorized improvements are assessable, and therefore assessed herein. A full analysis showing the quantification and separation of special and general benefits performed by the City and Assessment Engineer at the time of the establishment of Benefit Zone 2 (Sanctuary) can be found in the Engineer’s Report prepared at the time of establishing Zone 2 (Sanctuary). A summary of the analysis by improvement type funded by District assessments is described below.
Special Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District and the subsequent zone of benefit was established.
The District consists of all Assessor Parcels within the boundaries of a zone of benefit. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services within each zone of benefit to the properties within the boundaries of the District‘s zones of benefit. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
In determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Part A above, and the capital, maintenance, and operating costs of said public improvements, was considered and analyzed. Due to the close proximity of the parcels to the improvements detailed in Part A above, it has been demonstrated and determined that the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and distinct special benefit over and above general benefits by said public improvements in a way that is Packet Page 622
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 15 particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share.
In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by each zone of benefit within the District. These special benefits are not dependent on any one property owner's use of each zone of benefit’s improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements are summarized as follows.
Special Benefit from Landscape Maintenance
All parcels within the District, specifically, Zone 1 (New Technology Park and Stevenson Point Techpark) and Zone 2 (Sanctuary), receive special benefit from Landscape Maintenance. Trees, landscaping, hardscapes, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within the zones of benefit by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. In addition, all the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each zone of benefit within the District.
In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
" ... there is no lack of opinion, based on general principles and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly .... Indeed, in most cases where public money has been spent on parkways the assumption has been made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City, ... "
It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway.
Special Benefit from Street Lighting Maintenance
All parcels within Zone 2 of the District receive special benefit from Street Lighting Maintenance. The special benefit from street lighting can be measured by increased safety to people and property, as well as the increased availability of lighting. The safety to people results in a special benefit to residential parcels because street lighting improves traffic safety during ingress and egress to the property and creates a deterrent to crime on the property. The safety to property results in a special benefit to both residential and vacant and undeveloped parcels because street lighting operation, maintenance and servicing Packet Page 623
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 16 provides for the protection of buildings and personal property against crimes such as theft and vandalism.
Special Benefit from Park Maintenance
All parcels within Zone 2 (Sanctuary) receive special benefit from Park Maintenance. The overall quality of life and desirability of an area is enhanced, when public parks and recreational facilities are in place, improved, operable, safe, clean, and properly maintained.
Conversely, property desirability decreases when park and recreational facilities are unsafe or destroyed by the elements or vandalism.
Property desirability in an area also increases when there is an increase in the number of parks, recreation centers and sports facilities. These park and recreational facilities enable property owners to participate in sporting events, leisure activities, picnics, organized social events, and other miscellaneous activities.
Studies in several communities, including counties and cities throughout the United States, have indicated that recreation areas and facilities, if well maintained and wisely administered, have caused a marked increase in the property values of parcels in the community. Consequently, such recreation and park facilities have proved a potent factor in maintaining a sound economic condition and a high standard of livability in the community.
These studies confirm the opinion, long held by planning authorities, as to the economic value of parks and recreational facilities in a community. “The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of both private interest to the landowner and others, holding an economic stake in the area, and of public interest to the taxpayers, who have a stake ...." (National Recreation and Park Association, June 1985) “Recreation and park amenities are central components in establishing the quality of life in a community. ... [Businesses’] main resource is their employees for whom quality of life is an important issue… The availability and attractiveness of local parks and programs influences some companies’ relocation decisions. ... the presence of a park encourages real estate development around it.... ". (California Parks & Recreation, Winter 1997)
The benefit of parks and other recreational facilities to residential and the surrounding commercial/industrial properties in Zone 1 (New Technology Park and Stevenson Point TechPark) is supported and has been summarized by several studies. The United States Department of the Interior, National Park Service, in a publication of June 1984, concluded the following:
• Parks and recreation stimulate business and generate tax revenues • Parks and recreation help conserve land, energy, and resources • An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property values Packet Page 624
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 17 • Public recreation benefits all employers by providing continuing opportunities to maintain a level of fitness throughout one's working life, and through helping individuals cope with the stress of a fast-paced and demanding life Proper maintenance and operation of the parks within the City benefits those properties within the service areas of the parks by providing environmental quality and recreational enhancement.
Special Benefit to Parcels Outside of the District
There are parcels outside Zone 2 (Sanctuary) that receive special benefit from some of the improvements (e.g., parks, etc.). Based on the analysis performed at the time of the establishment of Zone 2 (Sanctuary), it was determined that 11.06% of the annual costs from the improvements associated with Zone 2 (Sanctuary) are attributable to special benefits to parcels outside of Zone 2 (Sanctuary).
The share of cost attributable to special benefits conferred to parcels outside of Zone 2 (Sanctuary) cannot be assessed to properties within the specific zone, but are required to be paid by some other source, such as the City’s General Fund.
General Benefit
In the context of assessments, a general benefit is a benefit enjoyed by the community, or the public at large rather than a special benefit that is specifically conferred to individual properties. The Assessment Engineer at the time of establishing Zone 2 (Sanctuary) performed an analysis and determined there are general benefits conferred from the District improvements to the public at large. Based on this analysis performed by the Assessment Engineer, 2.26% of annual costs associated with the District and related improvements are attributable to general benefits received by the public at large.
The share of costs attributable to the general benefits of each zone of benefit cannot be assessed to properties within each specific zone, but are required to be paid by some other source, such as the City’s General Fund.
Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services. Since the assessment will be levied against parcels of property as shown on the tax roll, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, a single family parcel would be paying the same as a 50 unit apartment parcel or a large commercial establishment and this would not be equitable.
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 18 Therefore, the City and Engineer of Work at the time of formation of Zone 1 (New Technology Park and Stevenson Point Techpark) determined that the most appropriate method of apportioning costs was to segregate the costs associated with New Technology Park from the Stevenson Point Techpark and then spread the specific costs on an acreage basis to the parcels adjacent and in proximity to the improvements.
Furthermore, the City and Engineer at the time of establishing Zone 2 (Sanctuary) determined the most appropriate method of apportioning costs was to spread all Zone 2 (Sanctuary) specific costs equally to all single-family residential homes.
Publicly owned properties within the District must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements.
Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightsof-ways, public greenbelts, public parkways, public property designated open space, and any portion of public property that is not used for business purposes similar to private residential, commercial, industrial, and institutional activities. Also exempted from the assessments are private streets, utility easements, Homeowner’s Association common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.
Parcels within each zone may be assessed once it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year(s).
The table below summarizes both the maximum and applied assessment rates for each zone for Fiscal Year 2023-24.
Maximum Assessment Rate Increases
The maximum assessment rates for Zone 1 (New Technology Park and Stevenson Point Techpark) may not be increased annually without property owner approval through a successful Proposition 218 proceeding. However, the maximum annual assessment rate for Zone 2 (Sanctuary) may be adjusted annually by the greater of the annual increase in the Bureau of Labor Statistics, Consumer Price Index for the month of February, All Urban Consumers for the San Francisco/Oakland/San Jose area, or 3%.
LLD No. 4 Benefit Zone
Maximum
Assessment
Rate
Applied
Assessment
Rate
Zone 1 - New Technology Park $192.50 $192.50
Zone 1 - Stevenson Point Techpark $130.00 $130.00
Zone 2 - Sanctuary $228.05 $194.06
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 19 Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ASSESSMENT ROLL 20 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.
The total proposed assessment for Fiscal Year 2023-24 is $111,988.92.
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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0185-033-00 $4,337.62 1
901 -0185-039-00 $259.28 1
901 -0185-040-00 $1,298.70 1
901 -0185-041-00 $1,869.20 1
901 -0185-042-00 $2,819.94 1
901 -0185-043-00 $2,316.52 1
901 -0110-068-00 $1,341.72 1A
901 -0110-069-00 $342.46 1A
901 -0185-013-08 $15,425.02 1A
901 -0185-014-00 $270.66 1A
901 -0185-044-00 $758.54 1B
901 -0185-049-00 $1,589.24 1B
901 -0185-051-00 $476.70 1B
901 -0185-052-00 $631.80 1B
901 -0185-053-00 $491.40 1B
901 -0185-054-00 $510.38 1B
901 -0185-055-00 $523.38 1B
901 -0185-056-00 $374.26 1B
901 -0185-057-00 $102.82 1B
901 -0185-059-03 $966.42 1B
901 -0185-060-01 $375.70 1B
901 -0200-028-00 $194.06 2
901 -0200-029-00 $194.06 2
901 -0200-030-00 $194.06 2
901 -0200-031-00 $194.06 2
901 -0200-032-00 $194.06 2
901 -0200-033-00 $194.06 2
901 -0200-034-00 $194.06 2
901 -0200-035-00 $194.06 2
901 -0200-036-00 $194.06 2
901 -0200-037-00 $194.06 2
901 -0200-038-00 $194.06 2
901 -0200-039-00 $194.06 2
901 -0200-040-00 $194.06 2
901 -0200-041-00 $194.06 2
901 -0200-042-00 $194.06 2
901 -0200-043-00 $194.06 2
901 -0200-044-00 $194.06 2
901 -0200-045-00 $194.06 2
901 -0200-046-00 $194.06 2
901 -0200-047-00 $194.06 2
901 -0200-048-00 $194.06 2
901 -0200-049-00 $194.06 2
901 -0200-050-00 $194.06 2
901 -0200-051-00 $194.06 2
901 -0200-052-00 $194.06 2
901 -0200-053-00 $194.06 2
901 -0200-054-00 $194.06 2
901 -0200-055-00 $194.06 2
901 -0200-056-00 $194.06 2
901 -0200-057-00 2 $194.06
901 -0200-058-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0200-059-00 $194.06 2
901 -0200-060-00 $194.06 2
901 -0200-061-00 $194.06 2
901 -0200-062-00 $194.06 2
901 -0200-063-00 $194.06 2
901 -0200-064-00 $194.06 2
901 -0200-065-00 $194.06 2
901 -0200-066-00 $194.06 2
901 -0200-067-00 $194.06 2
901 -0200-068-00 $194.06 2
901 -0200-069-00 $194.06 2
901 -0200-070-00 $194.06 2
901 -0200-071-00 $194.06 2
901 -0200-072-00 $194.06 2
901 -0200-073-00 $194.06 2
901 -0200-074-00 $194.06 2
901 -0200-075-00 $194.06 2
901 -0200-076-00 $194.06 2
901 -0200-077-00 $194.06 2
901 -0200-078-00 $194.06 2
901 -0200-079-00 $194.06 2
901 -0200-080-00 $194.06 2
901 -0200-081-00 $194.06 2
901 -0200-082-00 $194.06 2
901 -0200-083-00 $194.06 2
901 -0200-084-00 $194.06 2
901 -0200-085-00 $194.06 2
901 -0200-086-00 $194.06 2
901 -0200-087-00 $194.06 2
901 -0200-088-00 $194.06 2
901 -0200-089-00 $194.06 2
901 -0200-090-00 $194.06 2
901 -0200-091-00 $194.06 2
901 -0200-092-00 $194.06 2
901 -0200-093-00 $194.06 2
901 -0200-094-00 $194.06 2
901 -0200-095-00 $194.06 2
901 -0200-096-00 $194.06 2
901 -0200-097-00 $194.06 2
901 -0200-098-00 $194.06 2
901 -0200-099-00 $194.06 2
901 -0200-100-00 $194.06 2
901 -0200-101-00 $194.06 2
901 -0200-102-00 $194.06 2
901 -0200-103-00 $194.06 2
901 -0200-104-00 $194.06 2
901 -0200-105-00 $194.06 2
901 -0200-106-00 $194.06 2
901 -0200-107-00 $194.06 2
901 -0200-108-00 $194.06 2
901 -0200-109-00 2 $194.06
901 -0200-110-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0200-111-00 $194.06 2
901 -0200-112-00 $194.06 2
901 -0200-113-00 $194.06 2
901 -0200-114-00 $194.06 2
901 -0200-115-00 $194.06 2
901 -0200-116-00 $194.06 2
901 -0200-117-00 $194.06 2
901 -0200-118-00 $194.06 2
901 -0200-119-00 $194.06 2
901 -0200-120-00 $194.06 2
901 -0200-121-00 $194.06 2
901 -0200-122-00 $194.06 2
901 -0200-123-00 $194.06 2
901 -0200-124-00 $194.06 2
901 -0200-125-00 $194.06 2
901 -0200-126-00 $194.06 2
901 -0200-127-00 $194.06 2
901 -0200-128-00 $194.06 2
901 -0200-129-00 $194.06 2
901 -0200-130-00 $194.06 2
901 -0200-131-00 $194.06 2
901 -0200-132-00 $194.06 2
901 -0200-133-00 $194.06 2
901 -0200-134-00 $194.06 2
901 -0200-135-00 $194.06 2
901 -0201-016-00 $194.06 2
901 -0201-017-00 $194.06 2
901 -0201-018-00 $194.06 2
901 -0201-019-00 $194.06 2
901 -0201-020-00 $194.06 2
901 -0201-021-00 $194.06 2
901 -0201-022-00 $194.06 2
901 -0201-023-00 $194.06 2
901 -0201-024-00 $194.06 2
901 -0201-025-00 $194.06 2
901 -0201-026-00 $194.06 2
901 -0201-027-00 $194.06 2
901 -0201-028-00 $194.06 2
901 -0201-029-00 $194.06 2
901 -0201-030-00 $194.06 2
901 -0201-031-00 $194.06 2
901 -0201-032-00 $194.06 2
901 -0201-033-00 $194.06 2
901 -0201-034-00 $194.06 2
901 -0201-035-00 $194.06 2
901 -0201-036-00 $194.06 2
901 -0201-037-00 $194.06 2
901 -0201-038-00 $194.06 2
901 -0201-039-00 $194.06 2
901 -0201-040-00 $194.06 2
901 -0201-041-00 2 $194.06
901 -0201-042-00 $194.06 2
PART E - 1 06/05/23
Packet Page 629
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0201-043-00 $194.06 2
901 -0201-044-00 $194.06 2
901 -0201-045-00 $194.06 2
901 -0201-046-00 $194.06 2
901 -0201-047-00 $194.06 2
901 -0201-048-00 $194.06 2
901 -0201-049-00 $194.06 2
901 -0201-050-00 $194.06 2
901 -0201-051-00 $194.06 2
901 -0201-052-00 $194.06 2
901 -0201-053-00 $194.06 2
901 -0201-054-01 $194.06 2
901 -0201-055-03 $194.06 2
901 -0201-056-00 $194.06 2
901 -0201-057-00 $194.06 2
901 -0201-058-00 $194.06 2
901 -0201-059-00 $194.06 2
901 -0201-060-02 $194.06 2
901 -0201-061-00 $194.06 2
901 -0201-062-00 $194.06 2
901 -0201-063-00 $194.06 2
901 -0201-064-00 $194.06 2
901 -0201-065-00 $194.06 2
901 -0201-066-00 $194.06 2
901 -0201-067-00 $194.06 2
901 -0201-068-00 $194.06 2
901 -0201-069-00 $194.06 2
901 -0201-070-00 $194.06 2
901 -0201-071-00 $194.06 2
901 -0201-072-00 $194.06 2
901 -0201-073-00 $194.06 2
901 -0201-074-00 $194.06 2
901 -0201-075-00 $194.06 2
901 -0201-076-00 $194.06 2
901 -0201-077-00 $194.06 2
901 -0201-078-00 $194.06 2
901 -0201-079-00 $194.06 2
901 -0201-080-00 $194.06 2
901 -0201-081-00 $194.06 2
901 -0201-082-00 $194.06 2
901 -0201-083-00 $194.06 2
901 -0201-084-00 $194.06 2
901 -0201-085-00 $194.06 2
901 -0201-086-00 $194.06 2
901 -0201-087-00 $194.06 2
901 -0201-088-00 $194.06 2
901 -0201-089-00 $194.06 2
901 -0201-090-00 $194.06 2
901 -0201-091-00 $194.06 2
901 -0201-092-00 $194.06 2
901 -0201-093-00 2 $194.06
901 -0201-094-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0201-095-00 $194.06 2
901 -0201-096-00 $194.06 2
901 -0201-097-00 $194.06 2
901 -0201-098-00 $194.06 2
901 -0201-099-00 $194.06 2
901 -0201-100-00 $194.06 2
901 -0201-101-00 $194.06 2
901 -0201-102-00 $194.06 2
901 -0201-103-00 $194.06 2
901 -0201-104-00 $194.06 2
901 -0201-105-00 $194.06 2
901 -0201-106-00 $194.06 2
901 -0201-107-00 $194.06 2
901 -0201-108-00 $194.06 2
901 -0201-109-00 $194.06 2
901 -0201-110-00 $194.06 2
901 -0201-111-00 $194.06 2
901 -0202-007-00 $194.06 2
901 -0202-008-00 $194.06 2
901 -0202-009-00 $194.06 2
901 -0202-010-00 $194.06 2
901 -0202-011-00 $194.06 2
901 -0202-012-00 $194.06 2
901 -0202-013-00 $194.06 2
901 -0202-014-00 $194.06 2
901 -0202-015-00 $194.06 2
901 -0202-016-00 $194.06 2
901 -0202-017-00 $194.06 2
901 -0202-018-00 $194.06 2
901 -0202-019-00 $194.06 2
901 -0202-020-00 $194.06 2
901 -0202-021-00 $194.06 2
901 -0202-022-00 $194.06 2
901 -0202-023-00 $194.06 2
901 -0202-024-00 $194.06 2
901 -0202-025-00 $194.06 2
901 -0202-026-00 $194.06 2
901 -0202-027-00 $194.06 2
901 -0202-028-00 $194.06 2
901 -0202-029-00 $194.06 2
901 -0202-030-00 $194.06 2
901 -0202-031-00 $194.06 2
901 -0202-032-00 $194.06 2
901 -0202-033-00 $194.06 2
901 -0202-034-00 $194.06 2
901 -0202-035-00 $194.06 2
901 -0202-036-00 $194.06 2
901 -0202-037-00 $194.06 2
901 -0202-038-00 $194.06 2
901 -0202-039-00 $194.06 2
901 -0202-040-00 2 $194.06
901 -0202-041-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0202-042-00 $194.06 2
901 -0202-043-00 $194.06 2
901 -0202-044-00 $194.06 2
901 -0202-045-00 $194.06 2
901 -0202-046-00 $194.06 2
901 -0202-047-00 $194.06 2
901 -0202-048-00 $194.06 2
901 -0202-049-00 $194.06 2
901 -0202-050-00 $194.06 2
901 -0202-051-00 $194.06 2
901 -0202-052-00 $194.06 2
901 -0202-053-00 $194.06 2
901 -0202-054-00 $194.06 2
901 -0202-055-00 $194.06 2
901 -0202-056-00 $194.06 2
901 -0202-057-00 $194.06 2
901 -0202-058-00 $194.06 2
901 -0202-059-00 $194.06 2
901 -0202-060-00 $194.06 2
901 -0202-061-00 $194.06 2
901 -0202-062-00 $194.06 2
901 -0202-063-00 $194.06 2
901 -0202-064-00 $194.06 2
901 -0202-065-00 $194.06 2
901 -0202-066-00 $194.06 2
901 -0202-067-00 $194.06 2
901 -0202-068-00 $194.06 2
901 -0202-069-00 $194.06 2
901 -0202-070-00 $194.06 2
901 -0202-071-00 $194.06 2
901 -0202-072-00 $194.06 2
901 -0202-073-00 $194.06 2
901 -0202-074-00 $194.06 2
901 -0202-075-00 $194.06 2
901 -0202-076-00 $194.06 2
901 -0202-077-00 $194.06 2
901 -0202-078-00 $194.06 2
901 -0202-079-00 $194.06 2
901 -0202-080-00 $194.06 2
901 -0202-081-00 $194.06 2
901 -0202-082-00 $194.06 2
901 -0202-083-00 $194.06 2
901 -0202-084-00 $194.06 2
901 -0202-085-00 $194.06 2
901 -0202-086-00 $194.06 2
901 -0202-087-00 $194.06 2
901 -0202-088-00 $194.06 2
901 -0202-089-00 $194.06 2
901 -0202-090-00 $194.06 2
901 -0202-091-00 $194.06 2
901 -0203-005-00 2 $194.06
901 -0203-006-00 $194.06 2
PART E - 2 06/05/23
Packet Page 630
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0203-007-00 $194.06 2
901 -0203-008-00 $194.06 2
901 -0203-009-00 $194.06 2
901 -0203-010-00 $194.06 2
901 -0203-011-00 $194.06 2
901 -0203-012-00 $194.06 2
901 -0203-013-00 $194.06 2
901 -0203-014-00 $194.06 2
901 -0203-015-00 $194.06 2
901 -0203-016-00 $194.06 2
901 -0203-017-00 $194.06 2
901 -0203-018-00 $194.06 2
901 -0203-019-00 $194.06 2
901 -0203-020-00 $194.06 2
901 -0203-021-00 $194.06 2
901 -0203-022-00 $194.06 2
901 -0203-023-00 $194.06 2
901 -0203-024-00 $194.06 2
901 -0203-025-00 $194.06 2
901 -0203-026-00 $194.06 2
901 -0203-027-00 $194.06 2
901 -0203-028-00 $194.06 2
901 -0203-029-00 $194.06 2
901 -0203-030-00 $194.06 2
901 -0203-031-00 $194.06 2
901 -0203-032-00 $194.06 2
901 -0203-033-00 $194.06 2
901 -0203-034-00 $194.06 2
901 -0203-035-00 $194.06 2
901 -0203-036-00 $194.06 2
901 -0203-037-00 $194.06 2
901 -0203-038-00 $194.06 2
901 -0203-039-00 $194.06 2
901 -0203-040-00 $194.06 2
901 -0203-041-00 $194.06 2
901 -0203-042-00 $194.06 2
901 -0203-043-00 $194.06 2
901 -0203-044-00 $194.06 2
901 -0203-045-00 $194.06 2
901 -0203-046-00 $194.06 2
901 -0203-047-00 $194.06 2
901 -0203-048-00 $194.06 2
901 -0203-049-00 $194.06 2
901 -0203-050-00 $194.06 2
901 -0203-051-00 $194.06 2
901 -0203-052-00 $194.06 2
901 -0203-053-00 $194.06 2
901 -0203-054-00 $194.06 2
901 -0203-055-00 $194.06 2
901 -0203-056-00 $194.06 2
901 -0203-057-00 2 $194.06
901 -0203-058-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0203-059-00 $194.06 2
901 -0203-060-00 $194.06 2
901 -0203-061-00 $194.06 2
901 -0203-062-00 $194.06 2
901 -0203-063-00 $194.06 2
901 -0203-064-00 $194.06 2
901 -0203-065-00 $194.06 2
901 -0203-066-00 $194.06 2
901 -0203-067-00 $194.06 2
901 -0203-068-00 $194.06 2
901 -0203-069-00 $194.06 2
901 -0203-070-00 $194.06 2
901 -0203-071-00 $194.06 2
901 -0203-072-00 $194.06 2
901 -0203-073-00 $194.06 2
901 -0203-074-00 $194.06 2
901 -0203-075-00 $194.06 2
901 -0203-076-00 $194.06 2
901 -0203-077-00 $194.06 2
901 -0203-078-00 $194.06 2
901 -0203-079-00 $194.06 2
901 -0203-080-00 $194.06 2
901 -0203-081-00 $194.06 2
901 -0203-082-00 $194.06 2
901 -0203-083-00 $194.06 2
901 -0203-084-00 $194.06 2
901 -0203-085-00 $194.06 2
901 -0203-086-00 $194.06 2
901 -0203-087-00 $194.06 2
901 -0203-088-00 $194.06 2
901 -0203-089-00 $194.06 2
901 -0203-090-00 $194.06 2
901 -0203-091-00 $194.06 2
901 -0203-092-00 $194.06 2
901 -0203-093-00 $194.06 2
901 -0203-094-00 $194.06 2
901 -0203-095-00 $194.06 2
901 -0203-096-00 $194.06 2
901 -0203-097-00 $194.06 2
901 -0203-098-00 $194.06 2
901 -0203-099-00 $194.06 2
901 -0203-100-00 $194.06 2
901 -0203-101-00 $194.06 2
Total Parcels: 407
Total Assessment: $111,988.92
PART E - 3 06/05/23
Packet Page 631
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4
ASSESSMENT ROLL
Fiscal Year 2023-24
SUMMARY
Parcel Assessment
21 $ 37,081.76
Zone No. 2 386 $ 74,907.16
Total 407 $ 111,988.92
Zone No. 1
Zone
Packet Page 632
Landscaping and Lighting District No. 6
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
Packet Page 633
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 6 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 16 Packet Page 634
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 6 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 6
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
Packet Page 635
CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 6 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) may levy and collect special assessments on parcels within the City of Newark Landscaping and Lighting District No. 6 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of streetlights and landscaping improvements within the public right-ofway benefiting parcels within the boundaries of the District.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
The District generally consists of those properties north of Cedar Boulevard, east of Balentine Drive, south of Interstate 880, and west of Stevenson Boulevard. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.
Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(b) exempted:
“Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessment shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were established by a petition signed by the persons owning all the parcels subject to the assessment at the time the assessment was originally proposed. As such, pursuant to Article XIIID Section 5(b), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.
Packet Page 636
CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 6 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.
The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
Packet Page 637
CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 6 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 6
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith. The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
Packet Page 638
CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 6 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
Packet Page 639
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 6 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
Packet Page 640
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 6 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
Packet Page 641
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 6 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced are generally described as follows:
The maintenance of street lighting and median and buffer landscaping within the public right-of-way and the landscape irrigation system within the easement areas along Cedar Boulevard, Balentine Drive, John Muir Drive and Mowry School Road, as well as the Stevenson Boulevard frontages of properties within the District. In addition, the District funds the art element at the corner of Stevenson Boulevard and Balentine Drive. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, and replacement and replanting costs.
The maintenance of medians on Stevenson Boulevard is funded by the assessments from another City assessment district (Landscaping and Lighting District No. 4). In addition, all frontage maintenance is performed by the property owners, excluding those areas noted above along Stevenson Boulevard.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.
Packet Page 642
CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 6 ESTIMATE OF COSTS 8 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the Districts can also be included.
The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Projected Revenues
Assessment Revenue $0
Non-Assessment Revenues $0
Total Projected Revenues $0
Projected Expenses
Contract Services $0
Utilities $0
Administration and Incidentals $0
County Collection Fees $0
Unforeseen Maintenance and Repairs1 $0
Total Projected Expenses $0
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 ($48,426)
Reserve Fund Collection Increase/(Decrease) $0
Ending Fund Balance - June 30, 2024 ($48,426)
Recommended Operating Reserves $0
Available Operating Reserves ($48,426)
Available Capital Reserves $0
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses.
Landscaping and Lighting District No. 6
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 6 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures that are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.
Packet Page 644
CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 6 ASSESSMENT DIAGRAM 10 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
Packet Page 645
BALENTINE DR
MOWRY SCHOOL RD
NEWPARK MALL
NEWPARK PL
CEDAR BL
GLOBE PL
JOHN MUIR DR
STEVENSON BL
PELTON TE
JOAQUIN MURIETA AV
SAWYER TE
CHERRY ST
RILEY WY
CRESPI WY
STEVENSON BL
JOAQUIN MURIETA AV
ASSESSMENT DIAGRAM
Legend
LLD No. 6 Boundary
Parcels ± 0 750 1,500
Feet
(CEDAR BLVD., BALENTINE DRIVE, MOWRY SCHOOL ROAD)
LANDSCAPING AND LIGHTING DISTRICT NO. 6
Packet Page 646
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 6 METHOD OF APPORTIONMENT 12 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was established.
The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of the District. The apportioning of special benefit is a two-step process: the Packet Page 647
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 6 METHOD OF APPORTIONMENT 13 first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
o Well-lit areas contribute to property visibility, especially during nighttime, benefiting businesses or properties seeking attention and attracting customers. It also adds to the visual appeal, attractiveness, and inviting nature of the area.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. o Well-maintained and well-lit areas can have a positive impact on property values in the surrounding area. Adequate lighting is seen as a desirable feature, making properties more appealing to potential buyers or tenants. • Safety:
o Landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
o Well-lit areas contribute to improved safety for both motorists and pedestrians traveling to and from properties within the District. Adequate lighting enhances visibility, reducing the risk of accidents and improving overall traffic safety. It also facilitates easier access to adjacent properties.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.
Packet Page 648
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 6 METHOD OF APPORTIONMENT 14 These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping and lighting that improves safety and access to the property and provides visual and environmental benefits to the properties within the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.
Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.
Therefore, the City and Engineer of Work at the time of District formation determined the costs of maintaining medians on Cedar Boulevard was to be spread to each property fronting Cedar Boulevard on a front footage basis. All other District costs are spread on an acreage basis to all parcels within the District. This methodology distributes assessments in proportion to the estimated special benefit conferred to property and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.
However, the City is not proposing to levy any assessments on property within the District in Fiscal Year 2023-24. Should costs arise that require the need to levy an assessment in the future, the costs of maintaining the medians on Cedar Boulevard would be apportioned to assessable property within the District on a front footage basis to all property with frontage along Willow Avenue, and all other costs would be apportioned to assessable property on an acreage basis.
Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightsof-ways, public greenbelts and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City.
These types of parcels do not benefit from the improvements.
Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of Packet Page 649
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 6 METHOD OF APPORTIONMENT 15 any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
Packet Page 650
CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 6 ASSESSMENT ROLL 16 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
The City is not proposing to levy any assessments on property within the District for Fiscal Year 2023-24. Therefore, the total proposed assessment for Fiscal Year 2023-24 is $0.00.
Packet Page 651
Landscaping and Lighting District No. 7
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
Packet Page 652
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 7 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 15 Packet Page 653
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 7 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 7
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
Packet Page 654
CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 7 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 7 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of streetlights and landscaping improvements within the public rightof-way benefiting parcels within the boundaries of the District.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
The District generally consists of those properties along and adjacent to Newark Boulevard between Jarvis Avenue and Cedar Boulevard. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were for the maintenance and operation of landscape and medians within the public street rights-of-way. As such, pursuant to Article XIIID Section 5(a), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.
Packet Page 655
CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 7 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.
The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
Packet Page 656
CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 7
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith. The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
Packet Page 657
CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
Packet Page 658
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
Packet Page 659
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
Packet Page 660
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
The maintenance of buffer landscaping and the irrigation system within the public rightof-way and easement areas along Jarvis Avenue, Newark Boulevard, and the Cedar Boulevard frontages of the Rosemont Shopping Center.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.
Packet Page 661
CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ESTIMATE OF COSTS 8 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the Districts can also be included.
The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Projected Revenues
Assessment Revenue $25,592
Non-Assessment Revenues $0
Total Projected Revenues $25,592
Projected Expenses
Contract Services ($6,751)
Utilities ($12,521)
Administration and Incidentals ($4,693)
County Collection Fees ($435)
Unforeseen Maintenance and Repairs $0
Total Projected Expenses ($24,400)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 ($3,875)
Reserve Fund Collection Increase/(Decrease) $1,192
Ending Fund Balance - June 30, 2024 ($2,683)
Recommended Operating Reserves $12,200
Available Operating Reserves ($2,683)
Available Capital Reserves1 $0
1 $1,100 w ill be needed for future Plant Replacement projects.
Landscaping and Lighting District No. 7
Fiscal Year 2023-24 Cost Estimate
Packet Page 662
CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures that are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.
Packet Page 663
CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ASSESSMENT DIAGRAM 10 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
Packet Page 664
NEWARK BL
JARVIS AV
CEDAR BL
BLACKBURN DR
CHAPMAN DR
ABINGTON DR
DOVER CT
REYMOUTH DR
ABINGTON CT
JARVIS AV
ASSESSMENT DIAGRAM
Legend
LLD No. 7 Boundary
Parcels
± 0 350 700
Feet
(NEWARK BOULEVARD AT JARVIS AVENUE)
LANDSCAPING AND LIGHTING DISTRICT NO. 7
Packet Page 665
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 7 METHOD OF APPORTIONMENT 12 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 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 formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was established.
The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of the District. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and Packet Page 666
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 7 METHOD OF APPORTIONMENT 13 services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o Landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.
These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping that improves safety and access to the property and provides visual and environmental benefits to the properties within the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.
Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.
Therefore, the City and Engineer at the time of formation determined the costs of maintaining landscaping was to be spread proportionately based on each property’s gross square footage of the buildings, or on a building square footage basis. Costs will be apportioned to any undeveloped or vacant parcels based on the maximum building size Packet Page 667
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 7 METHOD OF APPORTIONMENT 14 permitted by the City on the parcel. This methodology distributes assessments in proportion to the estimated special benefit conferred to property and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.
In Fiscal Year 2023-24, the City proposes to collect the maximum assessment revenue from the assessable parcels located in the District, which amounts to $0.187 per building square foot to be levied. A listing of each assessable parcel and their proposed Fiscal Year 2023- 24 assessment is on the Assessment Roll in Part E of this Report.
Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightsof-ways, public greenbelts and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City.
These types of parcels do not benefit from the improvements.
Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ASSESSMENT ROLL 15 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.
The total proposed assessment for Fiscal Year 2023-24 is $25,591.66.
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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 7
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0720-007-00 $7,192.02
092A-0720-009-00 $4,527.64
092A-0720-010-00 $673.94
092A-0720-012-00 $1,069.64
092A-0720-013-00 $1,825.12
092A-0720-014-00 $1,870.00
092A-0720-018-00 $943.22
092A-0720-019-00 $2,315.80
092A-0720-020-00 $391.02
092A-0720-021-00 $391.02
092A-0720-024-00 $1,400.26
092A-0720-025-00 $1,647.46
092A-0720-026-00 $1,344.52
Total Parcels: 13
Total Assessment: $25,591.66
PART E - 1 06/05/23
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Landscaping and Lighting District No. 10
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 10 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost....................................................13 Part C – Assessment District Diagram ................................15 Part D – Method of Apportionment of Assessments............ 16 Part E - Assessment Roll .................................................... 20
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 10 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 10
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 10 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) may levy and collect special assessments on parcels within the City of Newark Landscaping and Lighting District No. 10 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-island and buffer landscaping and streetlight improvements within the boundaries of the District.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
The District generally consists of those properties within multiple developments located at various locations throughout the City. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Impacts of Proposition 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.
These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessments were anticipated in the assessment formula (e.g., CPI increase or assessment cap) then the assessment would comply with the intent and provisions of Proposition 218.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District and each benefit zone, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District and each benefit zone.
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 10 INTRODUCTION
2 The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Payment of annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 10 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 10
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith.
The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 10 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
The maintenance and operation of median-island and buffer landscaping and the landscape irrigation system and streetlights located within the zones of benefit in the District. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, replanting costs, and power costs.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.
A more detailed description of the facilities which either have or will be constructed, operated, maintained, and serviced within each of the benefit zones follows. • 10a. The maintenance of Jarvis Avenue and Lido Boulevard median-island and street landscaping, and lighting adjacent to the boundaries of Tract 5318, Lexington Square.
• 10b. Maintenance of landscaping and the landscape irrigation system within easement areas adjacent to the public right-of-way on the north side of Central Avenue between the Nimitz Freeway and Timber Street.
• 10c. Maintenance of landscaping and the landscape irrigation system within easement areas adjacent to the public right-of-way on Morton Avenue for Geomax. • 10d. Maintenance of landscaping and the landscape irrigation system within easement areas adjacent to the public right-of-way on Enterprise Court and Enterprise Drive for Parcel 1 of Tentative Parcel Map 5109. • 10e. Maintenance of landscaping and the landscape irrigation system adjacent to Cedar Boulevard south of Mowry Avenue for Jiffy Lube.
• 10f. Maintenance of landscaping and the landscape irrigation system for the apartment complex at the intersection of Rich Avenue and Magnolia Street. • 10g. Maintenance of landscaping and the landscape irrigation system within easement areas on Smith Avenue and Cedar Boulevard for the Cedar Boulevard Neighborhood Church.
• 10h. Maintenance of landscaping and the landscape irrigation system within easement areas for the parcel adjacent to Eucalyptus Grove Park.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 8 • 10i. Maintenance of landscaping and the landscape irrigation system within easement areas and the public right-of-way on Cherry Street for Thoro Systems. • 10j. Maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas for the King & Lyons development at Thornton Avenue and Willow Street.
• 10k. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Central Avenue for Bay Mirror. • 10l. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas on Cedar Boulevard near Moores Avenue for Empire Tractor.
• 10m. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Mowry Avenue for the property at the northeast corner of Mowry Avenue and Cedar Boulevard. • 10n. The maintenance of street lighting within the public right-of-way and landscaping and the landscape irrigation system within the public right-of-way and easement areas adjacent to the public right-of-way on Cedar Boulevard and Balentine Drive for TJ Maxx.
• 10o. The maintenance of street lighting within the public right-of-way and landscaping and the landscape irrigation system within the public right-of-way and the easement areas adjacent to the public right-of-way on Newark Boulevard and Cedar Boulevard for Lido Faire Shopping Center.
• 10p. The maintenance of street lighting within the public right-of-way and landscaping and the landscape irrigation system within the public right-of-way on Sycamore Street for B.K. Mills.
• 10q. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Magnolia Street for the Moose Lodge.
• 10r. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Central Avenue at the Southern Pacific Railroad right-of-way for Leslie Salt Company.
• 10s. The maintenance of landscaping and the landscape irrigation system within landscape easement areas on Cedar Boulevard at Central Avenue for Parcel 1 of Parcel Map 4073.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 9 • 10t. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cedar Boulevard north of Lake Boulevard for Lot 5 of Tract 5361.
• 10u. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Magnolia Street south of Graham Avenue for Parcel 1 of Parcel Map 6178.
• 10v. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Smith Avenue west of Cherry Street for Parcel 4 of Parcel Map 1427.
• 10w. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cedar Boulevard and Mowry Avenue for Parcels 1, 2, 3, and 6 of Parcel Map 3028.
• 10x. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on the cul-de-sac of Enterprise Court at 37569 Enterprise Court.
• 10y. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Magnolia Street and Graham Avenue at 37088 Magnolia Street (formerly 6963 Graham Avenue). • 10z. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on the Thornton Avenue and Locust Street frontage of 37010 Locust Street.
• 10aa. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Enterprise Drive and Hickory Street at 8610 Enterprise Drive.
• 10ac. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Thornton Avenue and Sycamore Street at 7275 Thornton Avenue.
• 10ad. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Thornton Avenue at 6152 Thornton Avenue.
• 10ae. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cedar Boulevard south of Mowry Avenue.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 10 • 10af. The maintenance of landscaping, the landscape irrigation system, and the concrete block wall within the public right-of-way and adjacent easement areas on Mowry Avenue and Cedar Boulevard for the shopping center that includes 5789 Mowry Avenue.
• 10ag. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Hickory Street at 37137 Hickory Street.
• 10ah. The maintenance of median-island landscaping and lighting, and street frontage landscaping up to 30 feet in width along all streets within the boundaries of Bridgeway Technology Park on Fircrest Street.
• 10ai. The maintenance of lighting within public right-of-way and landscaping and landscape irrigation system within easement areas adjacent to the public right-of-way along Dairy Avenue, Newark Boulevard, and Thornton Avenue for the Foxwood condominium project.
• 10aj. The maintenance of lighting within public right-of-way and landscaping and landscape irrigation system within easement areas adjacent to the public right-of-way on Magnolia Street, Graham Avenue, and Sycamore Street for the Summerhill Apartments.
• 10ak. The maintenance of lighting within public right-of-way and landscaping and landscape irrigation system within easement areas adjacent to the public right-of-way on Cherry Street and Dairy Avenue for the Summerhill Apartments. • 10al. Maintenance of landscaping, landscape irrigation and lighting within the entire street right-of-way of Potrero Avenue; the easterly portion of Cherry Street, Buena Vista Drive and Parada Street contiguous to Tract 5869; and the easterly portion of Parada Street contiguous to Tract 5810; and the northerly portion of Stevenson Boulevard contiguous to Tract 5810, excluding the median islands within Cherry Street and Stevenson Boulevard.
• 10am. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas on Smith Avenue for the Oatey Company.
• 10an. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Thornton Avenue at Cedar Boulevard for Newark Square shopping center.
• 10ao. The maintenance and/or construction of landscaping and the irrigation system within the public right-of-way and adjacent easement areas on the Mowry School Road frontage of the property to the rear of Fremont Ford.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 11 • 10ap. The construction and maintenance of landscaping and an irrigation system within the public right-of-way and adjacent easement areas on Morton Avenue for Morton Salt.
• 10aq. Construction and maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas on the Cedar Boulevard frontage of the shopping center on the northwest corner of Newark Boulevard and Cedar Boulevard.
• 10ar. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Central Avenue and on Clark Avenue for Matheson Gas.
• 10as. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Smith Avenue at 6565 Smith Avenue.
• 10at. The construction and/or maintenance of the Art in Public Places Element required in accordance with Newark City Council Resolution No. 5682 within the public right-of-way and/or adjacent easement areas on Parcels 1 and 2 of Tract 5343. • 10au. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Newark Boulevard at 35193 Newark Boulevard.
• 10av. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cedar Boulevard at 37300 Cedar Boulevard.
• 10aw. The maintenance and/or construction of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Fircrest Street at Assessor's Parcel No. 537-460-12-3.
• 10ax. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Enterprise Drive and Willow Street at 8400 Enterprise Drive.
• 10ay. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Mowry Avenue and Cherry Street.
• 10az. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Balentine Drive at Parcel 1 of Parcel Map 6692.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 12 • 10ba. The maintenance and/or construction of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cherry Street north of Thornton Avenue.
• 10bb. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Jarvis Avenue and Newark Boulevard.
• 10bc. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cherry Street south of Robertson Avenue.
• 10bd. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Filbert Street and Central Avenue.
• 10be. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement along the street frontage on Balentine Drive.
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 10 ESTIMATE OF COSTS 13 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included.
The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Projected Revenues1
Assessment Revenue $0
Non-Assessment Revenues $0
Total Projected Revenues $0
Projected Expenses1
Contract Services $0
Utilities $0
Administration and Incidentals $0
County Collection Fees $0
Unforeseen Maintenance and Repairs $0
Total Projected Expenses $0
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $0
Reserve Fund Collection Increase/(Decrease) $0
Ending Fund Balance - June 30, 2024 $0
Recommended Operating Reserves $0
Available Operating Reserves $0
Available Capital Reserves $0
1 There are no proposed expenses for the District or any of the zones because all the maintenance is being performed by the property ow ners w ithin each zone of benefit. For this reason, there w ill be no assessments levied in Fiscal Year 2023-24.
Landscaping and Lighting District No. 10
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 10 ESTIMATE OF COSTS 14 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures that are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.
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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 10 ASSESSMENT DIAGRAM 15 PART C
ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. The Diagram is on file in the Public Works Department of the City. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 10 METHOD OF APPORTIONMENT 16 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.
The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. In order for the City to separate out the general and special benefits for each improvement type, an analysis of Packet Page 689
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 10 METHOD OF APPORTIONMENT 17 each improvement was conducted. The analysis reviewed the purpose and users of each improvement, and then identified the properties that may benefit from the improvement both within and outside the City and within and outside each zone of benefit, and then allocated the costs to maintain, service, and replace each improvement type to each identified property.
Because general benefits are not assessable, any costs associated with general benefits or special benefits assigned to properties within and outside the City and not in a District zone of benefit are to be paid for by the City. Only the costs associated with the special benefits conferred on property within each zone of benefit from the authorized improvements are assessable, and therefore assessed herein.
Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District and each benefit zone was established.
In reviewing each of the District’s zone improvements, the proximity of those improvements to both properties within the District’s zones and those outside the District’s zones, 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’s benefit zones and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District’s benefit zones and were not required, nor necessarily desired by any properties or developments outside each benefit zone’s 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’s benefit zones or to the public at large, but clearly provide distinct and special benefits to properties within the District.
The District consists of all Assessor Parcels within the boundaries of the benefit zones within the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of each benefit zone within the District. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 10 METHOD OF APPORTIONMENT 18 In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District and associated benefit zones. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such landscape and lighting improvements. The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
o Well-lit areas contribute to property visibility, especially during nighttime, benefiting businesses or properties seeking attention and attracting customers. It also adds to the visual appeal, attractiveness, and inviting nature of the area.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. o Well-maintained and well-lit areas can have a positive impact on property values in the surrounding area. Adequate lighting is seen as a desirable feature, making properties more appealing to potential buyers or tenants. • Safety:
o Landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
o Well-lit areas contribute to improved safety for both motorists and pedestrians traveling to and from properties within the District. Adequate lighting enhances visibility, reducing the risk of accidents and improving overall traffic safety. It also facilitates easier access to adjacent properties. • Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.
These benefits, when applied to property in each of the zones of benefit within the District, specifically increase the utility of the property within each of the zones in the District. For example, the assessments provide funding to maintain the landscaping and lighting that improves safety and access to the property and provides visual and environmental benefits to the properties within each zone of the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of Packet Page 691
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 10 METHOD OF APPORTIONMENT 19 the properties.
Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.
Therefore, the City and Engineer at the time of formation determined that each zone of benefits costs should be spread on the basis of frontage to each property in each zone that front the work and areas to be serviced and maintained. Therefore, it was determined that the most appropriate method of apportioning costs was to assess properties based on a front footage basis. This methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.
However, the City is not proposing to levy any assessments on property within the District or any of the zones of benefit in Fiscal Year 2023-24. Should costs arise that require the need to levy an assessment in the future, the costs of maintaining each zone’s improvements would be apportioned to assessable property within the zone on a front footage basis to all property fronting the work and areas to be service and maintained.
Should an assessment be levied in the future, publicly owned properties within the District must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts, public parkways, public property designated open space, and any portion of public property that is not used for business purposes similar to private residential, commercial, industrial, and institutional activities. Also exempted from the assessments are private streets, utility easements, Homeowner’s Association common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.
Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 10 ASSESSMENT ROLL 20 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
The City is not proposing to levy any assessments on property within the District for Fiscal Year 2023-24. Therefore, the total proposed assessment for Fiscal Year 2023-24 is $0.00.
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Landscaping and Lighting District No. 11
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 11 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll ....................................................15
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 11 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 11
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 11 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 11 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-landscape improvements within and adjacent to the boundaries of the District.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
The District generally consists of those properties south of Interstate 880, west of Elmwood Avenue and Blackwood Drive, north of Cedar Boulevard and those properties along and north of Lake Boulevard, and east of State Route 84. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
The City determined the annual assessments originally established for the District were for the maintenance and operation of landscape and medians within the public street rights-ofway. As such, pursuant to Article XIIID Section 5(a), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 11 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.
The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 11
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith.
The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 11 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 11 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 11 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
The maintenance and operation of medians on Edgewater Drive, Lake Boulevard, and Parkshore Drive. Costs include all maintenance and operational costs including normal upkeep, operating expenses, management expenses, replacement, and replanting costs.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ESTIMATE OF COSTS 8 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the Districts can also be included.
The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Projected Revenues
Assessment Revenue $28,175
Non-Assessment Revenues $0
Total Projected Revenues $28,175
Projected Expenses
Contract Services ($18,002)
Utilities ($473)
Administration and Incidentals ($8,903)
County Collection Fees ($479)
Unforeseen Maintenance and Repairs1 ($1,393)
Total Projected Expenses ($29,249)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $80,511
Reserve Fund Collection Increase/(Decrease) ($1,074)
Ending Fund Balance - June 30, 2024 $79,437
Recommended Operating Reserves $13,928
Available Operating Reserves $13,928
Available Capital Reserves2 $65,509
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 2 Includes $51,850 for future Plant Replacement projects.
Landscaping and Lighting District No. 11
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.
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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ASSESSMENT DIAGRAM 10 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report.
The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
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SR84 EB
SR84 WB
CEDAR BL
LAKE BL
NEWARK BL
JARVIS AV
EDGEWATER DR
DARVON ST
LIDO BL
DUPONT AV
BLACKBURN DR
CHAPMAN DR
RUSCHIN DR
CHARLES ST
PARKSHORE DR
CHELSEA DR
RAMSGATE DR
SANDALWOOD ST
REYMOUTH DR
ENFIELD DR
MCDONALD AV
FARNHAM DR
SALISBURY DR
LUNDY DR
ABINGTON DR
TENAYA AV
LAFAYETTE AV
ELMWOOD AV
VINEWOOD ST
CARDIFF ST
PORTSMOUTH AV
LAKEWOOD DR
SCARBOROUGH DR
FERNWOOD DR
BLACKWOOD DR
RAVENWOOD AV
CHANNEL DR
I880 NB
TUDOR PL
SEVERN DR
WINDERMERE DR
NEWARK ON SR84 RAMP EB
WINSFORD CT
FORESTWOOD DR
NORWICH PL
SHERIDAN CT
MAIDSTONE CT
LIDO CT
TUNBRIDGE DR
PRESTON PL
STAFFORD PL
BUCKINGHAM CT
ABBOTFORD CT
CORNWALL PL
DORCHESTER CT
TYNE PL
ROCKPORT CT
DOVER CT
DERBY PL
HUMBER PL
ASSESSMENT DIAGRAM
Legend
LLD No. 11 Boundary
Parcels
± 0 1,350 2,700
Feet
(EDGEWATER DRIVE/LAKE AREA)
LANDSCAPING AND LIGHTING DISTRICT NO. 11
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 11 METHOD OF APPORTIONMENT 12 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was established.
The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of the District. The apportioning of special benefit is a two-step process:
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 11 METHOD OF APPORTIONMENT 13 the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements.
The identified special benefits conferred to property from the median landscape improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive median landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
• Increased property values:
o Attractive and well-maintained median landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o Median landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties in the District. It also acts as a physical buffer between roadways and properties within the District.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.
These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the median landscaping that improves safety and provides visual and environmental benefits to the properties within the District. Such improved and well-maintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.
Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.
Therefore, the City and Engineer of Work at the time of formation determined that each parcel within the boundaries of the District receives a similar benefit from the improvements. Therefore, the most appropriate method of apportioning costs was Packet Page 709
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 11 METHOD OF APPORTIONMENT 14 determined to be spreading all District costs equally to each parcel in the District. This methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.
In Fiscal Year 2023-24, the City proposes to collect the maximum assessment revenue from the assessable parcels located in the District, which amounts to $25.00 per parcel to be levied. A listing of each assessable parcel and their proposed Fiscal Year 2023-24 assessment is on the Assessment Roll in Part E of this Report.
Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements.
Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
Packet Page 710
CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ASSESSMENT ROLL 15 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.
The total proposed assessment for Fiscal Year 2023-24 is $28,175.00.
Packet Page 711
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0712-002-00 $25.00
092A-0712-003-00 $25.00
092A-0712-004-00 $25.00
092A-0712-005-00 $25.00
092A-0712-006-00 $25.00
092A-0712-007-00 $25.00
092A-0712-008-00 $25.00
092A-0712-009-00 $25.00
092A-0712-010-00 $25.00
092A-0712-011-00 $25.00
092A-0712-012-00 $25.00
092A-0712-013-00 $25.00
092A-0712-014-00 $25.00
092A-0712-015-00 $25.00
092A-0712-016-00 $25.00
092A-0712-017-00 $25.00
092A-0712-018-00 $25.00
092A-0712-019-00 $25.00
092A-0712-020-00 $25.00
092A-0712-021-00 $25.00
092A-0712-022-00 $25.00
092A-0712-023-00 $25.00
092A-0712-024-00 $25.00
092A-0712-025-00 $25.00
092A-0712-026-00 $25.00
092A-0712-027-00 $25.00
092A-0712-028-00 $25.00
092A-0712-029-00 $25.00
092A-0712-030-00 $25.00
092A-0712-031-00 $25.00
092A-0712-032-00 $25.00
092A-0712-033-00 $25.00
092A-0712-034-00 $25.00
092A-0712-035-00 $25.00
092A-0712-036-00 $25.00
092A-0712-037-00 $25.00
092A-0712-038-00 $25.00
092A-0712-039-00 $25.00
092A-0712-040-00 $25.00
092A-0712-041-00 $25.00
092A-0712-042-00 $25.00
092A-0712-043-00 $25.00
092A-0712-044-00 $25.00
092A-0712-045-00 $25.00
092A-0712-046-00 $25.00
092A-0712-047-00 $25.00
092A-0712-048-00 $25.00
092A-0712-049-00 $25.00
092A-0712-050-00 $25.00
092A-0712-051-00 $25.00
092A-0712-052-00 $25.00
092A-0712-053-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0712-054-00 $25.00
092A-0712-055-00 $25.00
092A-0712-056-00 $25.00
092A-0712-057-00 $25.00
092A-0712-058-00 $25.00
092A-0712-059-00 $25.00
092A-0712-060-00 $25.00
092A-0712-061-00 $25.00
092A-0712-062-00 $25.00
092A-0712-063-00 $25.00
092A-0712-064-00 $25.00
092A-0712-065-00 $25.00
092A-0712-066-00 $25.00
092A-0712-067-00 $25.00
092A-0712-068-00 $25.00
092A-0712-069-00 $25.00
092A-0712-070-00 $25.00
092A-0712-071-00 $25.00
092A-0712-072-00 $25.00
092A-0712-073-00 $25.00
092A-0712-074-00 $25.00
092A-0712-075-00 $25.00
092A-0712-076-00 $25.00
092A-0712-077-00 $25.00
092A-0712-078-00 $25.00
092A-0712-079-00 $25.00
092A-0713-001-00 $25.00
092A-0713-002-00 $25.00
092A-0713-003-00 $25.00
092A-0713-004-00 $25.00
092A-0713-005-00 $25.00
092A-0713-006-00 $25.00
092A-0713-007-00 $25.00
092A-0713-008-00 $25.00
092A-0713-009-00 $25.00
092A-0713-010-00 $25.00
092A-0713-011-00 $25.00
092A-0713-012-00 $25.00
092A-0713-013-00 $25.00
092A-0713-014-00 $25.00
092A-0713-015-00 $25.00
092A-0713-016-00 $25.00
092A-0713-017-00 $25.00
092A-0713-018-00 $25.00
092A-0713-019-00 $25.00
092A-0713-020-00 $25.00
092A-0713-021-00 $25.00
092A-0713-022-00 $25.00
092A-0713-023-00 $25.00
092A-0713-024-00 $25.00
092A-0713-025-00 $25.00
092A-0713-026-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0713-027-00 $25.00
092A-0713-028-00 $25.00
092A-0713-029-00 $25.00
092A-0713-030-00 $25.00
092A-0713-031-00 $25.00
092A-0713-032-00 $25.00
092A-0713-033-00 $25.00
092A-0713-034-00 $25.00
092A-0713-035-00 $25.00
092A-0713-036-00 $25.00
092A-0713-037-00 $25.00
092A-0713-038-00 $25.00
092A-0713-039-00 $25.00
092A-0713-040-00 $25.00
092A-0713-041-00 $25.00
092A-0713-042-00 $25.00
092A-0713-043-00 $25.00
092A-0713-044-00 $25.00
092A-0713-045-00 $25.00
092A-0713-046-00 $25.00
092A-0713-047-00 $25.00
092A-0713-048-00 $25.00
092A-0713-049-00 $25.00
092A-0713-050-00 $25.00
092A-0713-051-00 $25.00
092A-0713-052-00 $25.00
092A-0713-053-00 $25.00
092A-0715-001-00 $25.00
092A-0715-002-00 $25.00
092A-0715-003-00 $25.00
092A-0715-004-00 $25.00
092A-0715-005-00 $25.00
092A-0715-006-00 $25.00
092A-0715-007-00 $25.00
092A-0715-008-00 $25.00
092A-0715-009-00 $25.00
092A-0715-010-00 $25.00
092A-0715-011-00 $25.00
092A-0715-012-00 $25.00
092A-0715-013-00 $25.00
092A-0715-014-00 $25.00
092A-0715-015-00 $25.00
092A-0715-016-00 $25.00
092A-0715-017-01 $25.00
092A-0715-018-02 $25.00
092A-0715-019-00 $25.00
092A-0715-020-00 $25.00
092A-0715-021-00 $25.00
092A-0715-022-00 $25.00
092A-0715-023-00 $25.00
092A-0715-024-00 $25.00
092A-0715-025-00 $25.00
PART E - 1 06/05/23
Packet Page 712
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0715-026-00 $25.00
092A-0715-027-00 $25.00
092A-0715-028-00 $25.00
092A-0715-029-00 $25.00
092A-0715-030-00 $25.00
092A-0715-031-00 $25.00
092A-0715-032-00 $25.00
092A-0715-033-00 $25.00
092A-0715-034-00 $25.00
092A-0715-035-00 $25.00
092A-0715-036-00 $25.00
092A-0715-037-00 $25.00
092A-0715-038-00 $25.00
092A-0715-040-00 $25.00
092A-0715-041-00 $25.00
092A-0715-042-00 $25.00
092A-0715-043-00 $25.00
092A-0715-044-00 $25.00
092A-0715-045-00 $25.00
092A-0715-046-00 $25.00
092A-0715-047-00 $25.00
092A-0715-048-00 $25.00
092A-0715-049-00 $25.00
092A-0715-050-00 $25.00
092A-0715-051-00 $25.00
092A-0715-052-00 $25.00
092A-0715-053-00 $25.00
092A-0715-054-00 $25.00
092A-0715-055-00 $25.00
092A-0715-056-00 $25.00
092A-0715-057-00 $25.00
092A-0715-058-00 $25.00
092A-0715-059-00 $25.00
092A-0715-060-00 $25.00
092A-0715-061-00 $25.00
092A-0715-062-00 $25.00
092A-0715-063-00 $25.00
092A-0715-065-00 $25.00
092A-0715-066-00 $25.00
092A-0715-067-00 $25.00
092A-0715-068-00 $25.00
092A-0715-069-00 $25.00
092A-0715-070-00 $25.00
092A-0715-071-00 $25.00
092A-0715-072-00 $25.00
092A-0715-073-00 $25.00
092A-0715-074-00 $25.00
092A-0715-075-00 $25.00
092A-0715-076-00 $25.00
092A-0715-077-00 $25.00
092A-0715-078-00 $25.00
092A-0715-079-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0715-080-00 $25.00
092A-0715-081-00 $25.00
092A-0715-082-00 $25.00
092A-0715-083-00 $25.00
092A-0715-084-00 $25.00
092A-0715-085-00 $25.00
092A-0715-086-00 $25.00
092A-0715-087-00 $25.00
092A-0715-088-00 $25.00
092A-0715-089-00 $25.00
092A-0715-090-00 $25.00
092A-0715-091-00 $25.00
092A-0715-092-00 $25.00
092A-0715-093-00 $25.00
092A-0715-094-00 $25.00
092A-0715-095-00 $25.00
092A-0715-096-00 $25.00
092A-0715-097-00 $25.00
092A-0715-098-00 $25.00
092A-0715-099-00 $25.00
092A-0715-100-00 $25.00
092A-0715-101-00 $25.00
092A-0715-102-00 $25.00
092A-0715-103-00 $25.00
092A-0715-104-00 $25.00
092A-0715-105-00 $25.00
092A-0715-106-00 $25.00
092A-0715-107-00 $25.00
092A-0715-108-00 $25.00
092A-0716-001-00 $25.00
092A-0716-002-00 $25.00
092A-0716-003-00 $25.00
092A-0716-004-00 $25.00
092A-0716-005-00 $25.00
092A-0716-006-00 $25.00
092A-0716-007-00 $25.00
092A-0716-008-00 $25.00
092A-0716-009-00 $25.00
092A-0716-010-00 $25.00
092A-0716-011-00 $25.00
092A-0716-012-00 $25.00
092A-0716-013-00 $25.00
092A-0716-014-00 $25.00
092A-0716-015-00 $25.00
092A-0716-016-00 $25.00
092A-0716-017-00 $25.00
092A-0716-018-00 $25.00
092A-0716-019-00 $25.00
092A-0716-020-00 $25.00
092A-0716-021-00 $25.00
092A-0716-022-00 $25.00
092A-0716-024-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0716-025-00 $25.00
092A-0716-026-00 $25.00
092A-0716-028-00 $25.00
092A-0716-029-00 $25.00
092A-0716-030-00 $25.00
092A-0716-031-00 $25.00
092A-0716-032-00 $25.00
092A-0716-033-00 $25.00
092A-0716-034-00 $25.00
092A-0716-035-00 $25.00
092A-0716-036-00 $25.00
092A-0716-037-00 $25.00
092A-0716-038-00 $25.00
092A-0716-039-00 $25.00
092A-0716-040-00 $25.00
092A-0716-041-00 $25.00
092A-0716-042-00 $25.00
092A-0716-043-00 $25.00
092A-0716-044-00 $25.00
092A-0716-045-00 $25.00
092A-0716-046-00 $25.00
092A-0716-047-00 $25.00
092A-0716-048-00 $25.00
092A-0716-049-00 $25.00
092A-0716-050-00 $25.00
092A-0716-051-00 $25.00
092A-0716-052-00 $25.00
092A-0716-053-00 $25.00
092A-0716-054-00 $25.00
092A-0716-055-00 $25.00
092A-0716-056-00 $25.00
092A-0716-057-00 $25.00
092A-0716-058-00 $25.00
092A-0716-059-00 $25.00
092A-0716-060-00 $25.00
092A-0716-061-00 $25.00
092A-0716-062-00 $25.00
092A-0716-063-02 $25.00
092A-0716-064-01 $25.00
092A-0716-065-00 $25.00
092A-0716-066-00 $25.00
092A-0716-067-00 $25.00
092A-0716-068-00 $25.00
092A-0716-069-00 $25.00
092A-0716-071-00 $25.00
092A-0716-072-00 $25.00
092A-0716-073-00 $25.00
092A-0716-074-00 $25.00
092A-0716-075-00 $25.00
092A-0716-076-00 $25.00
092A-0716-077-00 $25.00
092A-0716-078-00 $25.00
PART E - 2 06/05/23
Packet Page 713
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0716-079-00 $25.00
092A-0716-080-00 $25.00
092A-0716-081-00 $25.00
092A-0716-082-00 $25.00
092A-0716-083-00 $25.00
092A-0716-084-00 $25.00
092A-0716-085-00 $25.00
092A-0716-086-00 $25.00
092A-0716-087-00 $25.00
092A-0716-088-00 $25.00
092A-0716-089-00 $25.00
092A-0716-090-00 $25.00
092A-0716-091-00 $25.00
092A-0716-092-00 $25.00
092A-0716-093-00 $25.00
092A-0716-094-00 $25.00
092A-0716-095-00 $25.00
092A-0716-096-00 $25.00
092A-0716-097-00 $25.00
092A-0716-098-00 $25.00
092A-0716-099-00 $25.00
092A-0716-100-00 $25.00
092A-0716-101-00 $25.00
092A-0716-102-00 $25.00
092A-0716-103-00 $25.00
092A-0716-104-00 $25.00
092A-0716-105-00 $25.00
092A-0716-106-00 $25.00
092A-0716-107-00 $25.00
092A-0716-108-00 $25.00
092A-0716-109-00 $25.00
092A-0716-110-00 $25.00
092A-0716-111-00 $25.00
092A-0716-112-00 $25.00
092A-0716-113-00 $25.00
092A-0716-114-00 $25.00
092A-0716-115-00 $25.00
092A-0716-116-00 $25.00
092A-0716-117-00 $25.00
092A-0716-118-00 $25.00
092A-0716-119-00 $25.00
092A-0716-120-00 $25.00
092A-0716-121-00 $25.00
092A-0716-122-00 $25.00
092A-0716-123-00 $25.00
092A-0716-124-00 $25.00
092A-0716-125-00 $25.00
092A-0716-126-00 $25.00
092A-0716-127-00 $25.00
092A-0716-128-00 $25.00
092A-0716-129-00 $25.00
092A-0716-130-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0716-131-00 $25.00
092A-0716-132-00 $25.00
092A-0716-133-00 $25.00
092A-0716-134-00 $25.00
092A-0716-135-00 $25.00
092A-0717-001-00 $25.00
092A-0717-002-00 $25.00
092A-0717-003-00 $25.00
092A-0717-004-00 $25.00
092A-0717-005-00 $25.00
092A-0717-006-00 $25.00
092A-0717-007-00 $25.00
092A-0717-008-00 $25.00
092A-0717-009-00 $25.00
092A-0717-010-00 $25.00
092A-0717-011-00 $25.00
092A-0717-013-00 $25.00
092A-0717-014-00 $25.00
092A-0717-015-00 $25.00
092A-0717-016-00 $25.00
092A-0718-001-00 $25.00
092A-0718-002-00 $25.00
092A-0718-003-00 $25.00
092A-0718-004-00 $25.00
092A-0718-005-00 $25.00
092A-0718-006-00 $25.00
092A-0718-007-00 $25.00
092A-0718-008-00 $25.00
092A-0718-009-00 $25.00
092A-0718-010-00 $25.00
092A-0718-011-00 $25.00
092A-0718-012-00 $25.00
092A-0718-013-00 $25.00
092A-0718-014-00 $25.00
092A-0718-015-00 $25.00
092A-0718-016-00 $25.00
092A-0718-017-00 $25.00
092A-0718-018-00 $25.00
092A-0718-019-00 $25.00
092A-0718-020-00 $25.00
092A-0718-021-00 $25.00
092A-0718-022-00 $25.00
092A-0718-023-00 $25.00
092A-0718-024-00 $25.00
092A-0718-025-00 $25.00
092A-0718-026-00 $25.00
092A-0718-027-00 $25.00
092A-0718-028-00 $25.00
092A-0718-029-00 $25.00
092A-0718-030-00 $25.00
092A-0718-031-00 $25.00
092A-0718-032-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0718-033-00 $25.00
092A-0718-034-00 $25.00
092A-0718-035-00 $25.00
092A-0718-036-00 $25.00
092A-0718-037-00 $25.00
092A-0718-038-00 $25.00
092A-0718-039-00 $25.00
092A-0718-040-00 $25.00
092A-0718-041-00 $25.00
092A-0718-042-00 $25.00
092A-0718-043-00 $25.00
092A-0718-044-00 $25.00
092A-0718-045-00 $25.00
092A-0718-046-00 $25.00
092A-0718-047-00 $25.00
092A-0718-048-00 $25.00
092A-0718-049-00 $25.00
092A-0718-050-00 $25.00
092A-0718-051-00 $25.00
092A-0718-052-00 $25.00
092A-0718-053-00 $25.00
092A-0718-054-00 $25.00
092A-0718-055-00 $25.00
092A-0718-056-00 $25.00
092A-0718-057-00 $25.00
092A-0718-059-00 $25.00
092A-0718-060-00 $25.00
092A-0718-061-00 $25.00
092A-0718-062-00 $25.00
092A-0718-063-00 $25.00
092A-0718-064-00 $25.00
092A-0718-065-00 $25.00
092A-0718-066-00 $25.00
092A-0718-067-00 $25.00
092A-0718-068-00 $25.00
092A-0718-069-00 $25.00
092A-0718-070-00 $25.00
092A-0718-071-00 $25.00
092A-0718-072-00 $25.00
092A-0718-073-00 $25.00
092A-0718-074-00 $25.00
092A-0718-075-00 $25.00
092A-0718-076-00 $25.00
092A-0718-077-00 $25.00
092A-0718-078-00 $25.00
092A-0718-079-00 $25.00
092A-0718-080-00 $25.00
092A-0724-007-00 $25.00
092A-0724-008-00 $25.00
092A-0724-009-00 $25.00
092A-0724-010-00 $25.00
092A-0724-011-00 $25.00
PART E - 3 06/05/23
Packet Page 714
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0724-012-00 $25.00
092A-0724-013-00 $25.00
092A-0724-014-00 $25.00
092A-0724-015-00 $25.00
092A-0724-016-00 $25.00
092A-0724-017-00 $25.00
092A-0724-018-00 $25.00
092A-0724-019-00 $25.00
092A-0724-020-00 $25.00
092A-0724-021-00 $25.00
092A-0724-022-00 $25.00
092A-0724-023-00 $25.00
092A-0724-024-00 $25.00
092A-0724-025-00 $25.00
092A-0724-026-00 $25.00
092A-0724-027-00 $25.00
092A-0724-028-00 $25.00
092A-0724-029-00 $25.00
092A-0724-030-00 $25.00
092A-0724-031-00 $25.00
092A-0724-032-00 $25.00
092A-0724-033-00 $25.00
092A-0724-034-00 $25.00
092A-0724-035-00 $25.00
092A-0724-036-00 $25.00
092A-0724-037-00 $25.00
092A-0724-038-00 $25.00
092A-0724-039-00 $25.00
092A-0724-040-00 $25.00
092A-0724-041-00 $25.00
092A-0724-042-00 $25.00
092A-0724-043-00 $25.00
092A-0724-044-00 $25.00
092A-0724-045-00 $25.00
092A-0724-046-00 $25.00
092A-0724-047-00 $25.00
092A-0724-048-00 $25.00
092A-0724-049-00 $25.00
092A-0724-050-00 $25.00
092A-0724-051-00 $25.00
092A-0724-052-00 $25.00
092A-0724-053-00 $25.00
092A-0724-054-00 $25.00
092A-0724-055-00 $25.00
092A-0724-056-00 $25.00
092A-0724-057-00 $25.00
092A-0724-058-00 $25.00
092A-0724-059-00 $25.00
092A-0724-060-00 $25.00
092A-0724-061-00 $25.00
092A-0724-062-00 $25.00
092A-0724-063-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0724-064-00 $25.00
092A-0724-066-00 $25.00
092A-0724-067-00 $25.00
092A-0724-068-00 $25.00
092A-0724-069-00 $25.00
092A-0724-070-00 $25.00
092A-0724-071-00 $25.00
092A-0724-072-00 $25.00
092A-0724-073-00 $25.00
092A-0724-074-00 $25.00
092A-0724-075-00 $25.00
092A-0724-076-00 $25.00
092A-0724-077-00 $25.00
092A-0724-078-00 $25.00
092A-0724-079-00 $25.00
092A-0724-080-00 $25.00
092A-0724-081-00 $25.00
092A-0724-082-00 $25.00
092A-0724-083-00 $25.00
092A-0724-084-00 $25.00
092A-0724-085-00 $25.00
092A-0724-086-00 $25.00
092A-0724-087-00 $25.00
092A-0724-088-00 $25.00
092A-0724-089-00 $25.00
092A-0724-090-00 $25.00
092A-0724-091-00 $25.00
092A-0724-092-00 $25.00
092A-0724-093-00 $25.00
092A-0724-094-00 $25.00
092A-0725-005-00 $25.00
092A-0725-006-00 $25.00
092A-0725-007-00 $25.00
092A-0725-008-00 $25.00
092A-0725-009-00 $25.00
092A-0725-010-00 $25.00
092A-0725-011-00 $25.00
092A-0725-012-00 $25.00
092A-0725-013-00 $25.00
092A-0725-014-00 $25.00
092A-0725-015-00 $25.00
092A-0725-016-00 $25.00
092A-0725-017-00 $25.00
092A-0725-018-00 $25.00
092A-0725-019-00 $25.00
092A-0725-020-00 $25.00
092A-0725-021-00 $25.00
092A-0725-022-00 $25.00
092A-0725-023-00 $25.00
092A-0725-024-00 $25.00
092A-0725-025-00 $25.00
092A-0725-026-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0725-027-00 $25.00
092A-0725-028-00 $25.00
092A-0725-029-00 $25.00
092A-0725-030-00 $25.00
092A-0725-031-00 $25.00
092A-0725-032-00 $25.00
092A-0725-034-00 $25.00
092A-0725-035-00 $25.00
092A-0725-036-00 $25.00
092A-0725-038-00 $25.00
092A-0725-039-00 $25.00
092A-0725-040-00 $25.00
092A-0725-041-00 $25.00
092A-0725-042-00 $25.00
092A-0725-043-00 $25.00
092A-0725-044-00 $25.00
092A-0725-045-00 $25.00
092A-0725-046-00 $25.00
092A-0725-047-00 $25.00
092A-0725-048-00 $25.00
092A-0725-049-00 $25.00
092A-0725-050-00 $25.00
092A-0725-051-00 $25.00
092A-0725-052-00 $25.00
092A-0725-059-00 $25.00
092A-0725-060-00 $25.00
092A-0725-063-00 $25.00
092A-0725-065-00 $25.00
092A-0725-066-00 $25.00
092A-0726-003-00 $25.00
092A-0726-004-00 $25.00
092A-0726-005-00 $25.00
092A-0726-006-00 $25.00
092A-0726-007-00 $25.00
092A-0726-008-00 $25.00
092A-0726-009-00 $25.00
092A-0726-010-00 $25.00
092A-0726-011-00 $25.00
092A-0726-012-00 $25.00
092A-0726-013-00 $25.00
092A-0726-014-00 $25.00
092A-0726-015-00 $25.00
092A-0726-016-00 $25.00
092A-0726-017-00 $25.00
092A-0726-018-00 $25.00
092A-0726-019-00 $25.00
092A-0726-020-00 $25.00
092A-0726-021-00 $25.00
092A-0726-022-00 $25.00
092A-0726-023-00 $25.00
092A-0726-024-00 $25.00
092A-0726-025-00 $25.00
PART E - 4 06/05/23
Packet Page 715
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0726-026-00 $25.00
092A-0726-027-00 $25.00
092A-0726-028-00 $25.00
092A-0726-029-00 $25.00
092A-0726-030-00 $25.00
092A-0726-031-00 $25.00
092A-0726-032-00 $25.00
092A-0726-033-00 $25.00
092A-0726-034-00 $25.00
092A-0726-035-00 $25.00
092A-0726-036-00 $25.00
092A-0726-037-00 $25.00
092A-0726-038-00 $25.00
092A-0726-039-00 $25.00
092A-0726-040-00 $25.00
092A-0726-041-00 $25.00
092A-0726-042-00 $25.00
092A-0726-043-00 $25.00
092A-0726-044-00 $25.00
092A-0726-045-00 $25.00
092A-0726-046-00 $25.00
092A-0726-047-00 $25.00
092A-0726-048-00 $25.00
092A-0726-049-00 $25.00
092A-0726-050-00 $25.00
092A-0726-051-00 $25.00
092A-0726-052-00 $25.00
092A-0726-053-00 $25.00
092A-0726-054-00 $25.00
092A-0726-055-00 $25.00
092A-0726-056-00 $25.00
092A-0726-057-00 $25.00
092A-0726-058-00 $25.00
092A-0726-059-00 $25.00
092A-0726-060-00 $25.00
092A-0726-061-00 $25.00
092A-0726-062-00 $25.00
092A-0726-063-00 $25.00
092A-0726-064-00 $25.00
092A-0726-065-00 $25.00
092A-0726-066-00 $25.00
092A-0726-067-00 $25.00
092A-0726-068-00 $25.00
092A-0726-069-00 $25.00
092A-0726-070-00 $25.00
092A-0726-071-00 $25.00
092A-0726-072-00 $25.00
092A-0726-073-00 $25.00
092A-0726-074-00 $25.00
092A-0726-075-00 $25.00
092A-0726-076-00 $25.00
092A-0726-077-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0726-078-00 $25.00
092A-0726-079-00 $25.00
092A-0726-080-00 $25.00
092A-0726-081-00 $25.00
092A-0726-082-00 $25.00
092A-0726-083-00 $25.00
092A-0726-084-00 $25.00
092A-0726-085-00 $25.00
092A-0726-086-00 $25.00
092A-0726-087-00 $25.00
092A-0726-088-00 $25.00
092A-0726-089-00 $25.00
092A-0726-090-00 $25.00
092A-0726-091-00 $25.00
092A-0726-092-00 $25.00
092A-0727-003-00 $25.00
092A-0727-004-00 $25.00
092A-0727-005-00 $25.00
092A-0727-006-00 $25.00
092A-0727-007-00 $25.00
092A-0727-008-00 $25.00
092A-0727-009-00 $25.00
092A-0727-010-00 $25.00
092A-0727-011-00 $25.00
092A-0727-012-00 $25.00
092A-0727-013-00 $25.00
092A-0727-014-00 $25.00
092A-0727-015-00 $25.00
092A-0727-016-00 $25.00
092A-0727-017-00 $25.00
092A-0727-018-00 $25.00
092A-0727-019-00 $25.00
092A-0727-020-00 $25.00
092A-0727-021-00 $25.00
092A-0727-022-00 $25.00
092A-0727-023-00 $25.00
092A-0727-024-00 $25.00
092A-0727-025-00 $25.00
092A-0727-026-00 $25.00
092A-0727-027-00 $25.00
092A-0727-029-00 $25.00
092A-0727-030-00 $25.00
092A-0727-031-00 $25.00
092A-0727-032-00 $25.00
092A-0727-033-00 $25.00
092A-0727-034-00 $25.00
092A-0727-035-00 $25.00
092A-0727-036-00 $25.00
092A-0727-037-00 $25.00
092A-0727-038-00 $25.00
092A-0727-039-00 $25.00
092A-0727-040-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0727-041-00 $25.00
092A-0727-042-00 $25.00
092A-0727-043-00 $25.00
092A-0727-044-00 $25.00
092A-0727-045-00 $25.00
092A-0727-046-00 $25.00
092A-0727-047-00 $25.00
092A-0727-048-00 $25.00
092A-0727-049-00 $25.00
092A-0727-050-00 $25.00
092A-0727-051-00 $25.00
092A-0727-052-00 $25.00
092A-0727-053-00 $25.00
092A-0727-054-00 $25.00
092A-0727-056-00 $25.00
092A-0727-057-00 $25.00
092A-0727-058-00 $25.00
092A-0727-059-00 $25.00
092A-0727-060-00 $25.00
092A-0727-061-00 $25.00
092A-0727-062-00 $25.00
092A-0727-063-00 $25.00
092A-0727-064-00 $25.00
092A-0727-065-00 $25.00
092A-0727-066-00 $25.00
092A-0727-067-00 $25.00
092A-0727-068-00 $25.00
092A-0727-069-00 $25.00
092A-0727-070-00 $25.00
092A-0727-071-00 $25.00
092A-0727-072-00 $25.00
092A-0727-073-00 $25.00
092A-0727-074-00 $25.00
092A-0727-075-00 $25.00
092A-0727-076-00 $25.00
092A-0727-077-00 $25.00
092A-0727-078-00 $25.00
092A-0727-079-00 $25.00
092A-0727-080-00 $25.00
092A-0727-081-00 $25.00
092A-0727-083-00 $25.00
092A-0727-084-00 $25.00
092A-0727-085-00 $25.00
092A-0727-086-00 $25.00
092A-0727-087-00 $25.00
092A-0727-088-00 $25.00
092A-0727-089-00 $25.00
092A-0727-090-00 $25.00
092A-0727-091-00 $25.00
092A-0727-092-00 $25.00
092A-0727-093-00 $25.00
092A-0727-094-00 $25.00
PART E - 5 06/05/23
Packet Page 716
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0727-095-00 $25.00
092A-0727-096-00 $25.00
092A-0727-097-00 $25.00
092A-0727-098-00 $25.00
092A-0727-099-00 $25.00
092A-0727-100-00 $25.00
092A-0727-101-00 $25.00
092A-0727-102-00 $25.00
092A-0727-103-00 $25.00
092A-0727-104-00 $25.00
092A-0727-105-00 $25.00
092A-0727-106-00 $25.00
092A-0727-107-00 $25.00
092A-0727-108-00 $25.00
092A-0727-110-00 $25.00
092A-0727-111-00 $25.00
092A-0727-112-00 $25.00
092A-0727-113-00 $25.00
092A-0727-114-00 $25.00
092A-0727-115-00 $25.00
092A-0727-116-00 $25.00
092A-0727-117-00 $25.00
092A-0727-118-00 $25.00
092A-0727-119-00 $25.00
092A-0727-120-00 $25.00
092A-0727-121-00 $25.00
092A-0727-122-00 $25.00
092A-0727-123-00 $25.00
092A-0727-124-00 $25.00
092A-0727-125-00 $25.00
092A-0727-126-00 $25.00
092A-0727-127-00 $25.00
092A-0727-128-00 $25.00
092A-0727-129-00 $25.00
092A-0727-130-00 $25.00
092A-0727-131-00 $25.00
092A-0727-132-00 $25.00
092A-0727-133-00 $25.00
092A-0727-134-00 $25.00
092A-0727-135-00 $25.00
092A-0727-136-00 $25.00
092A-0727-137-00 $25.00
092A-0727-138-00 $25.00
092A-0727-139-00 $25.00
092A-0727-140-00 $25.00
092A-0727-141-00 $25.00
092A-0727-142-00 $25.00
092A-0727-143-00 $25.00
092A-0727-144-00 $25.00
092A-0727-145-00 $25.00
092A-0727-146-00 $25.00
092A-0727-147-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0727-148-00 $25.00
092A-0727-149-00 $25.00
092A-0727-150-00 $25.00
092A-0727-151-00 $25.00
092A-0727-152-00 $25.00
092A-0727-153-00 $25.00
092A-0727-154-00 $25.00
092A-0727-155-00 $25.00
092A-0727-156-00 $25.00
092A-0727-157-00 $25.00
092A-0727-158-00 $25.00
092A-0727-159-00 $25.00
092A-0727-160-00 $25.00
092A-0727-161-00 $25.00
092A-0728-001-00 $25.00
092A-0728-002-00 $25.00
092A-0728-003-00 $25.00
092A-0728-004-00 $25.00
092A-0728-005-00 $25.00
092A-0728-006-00 $25.00
092A-0728-007-00 $25.00
092A-0728-008-00 $25.00
092A-0728-009-00 $25.00
092A-0728-010-00 $25.00
092A-0728-011-00 $25.00
092A-0728-012-00 $25.00
092A-0728-013-00 $25.00
092A-0728-014-00 $25.00
092A-0728-015-00 $25.00
092A-0728-016-00 $25.00
092A-0728-017-00 $25.00
092A-0728-018-00 $25.00
092A-0728-019-00 $25.00
092A-0728-020-00 $25.00
092A-0728-021-00 $25.00
092A-0728-022-00 $25.00
092A-0728-023-00 $25.00
092A-0728-024-00 $25.00
092A-0728-025-00 $25.00
092A-0728-026-00 $25.00
092A-0728-027-00 $25.00
092A-0728-028-00 $25.00
092A-0728-029-00 $25.00
092A-0728-030-00 $25.00
092A-0728-031-00 $25.00
092A-0728-032-00 $25.00
092A-0728-033-00 $25.00
092A-0728-034-00 $25.00
092A-0728-035-00 $25.00
092A-0728-036-00 $25.00
092A-0728-037-00 $25.00
092A-0728-038-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0728-039-00 $25.00
092A-0728-040-00 $25.00
092A-0728-041-00 $25.00
092A-0728-042-00 $25.00
092A-0728-043-00 $25.00
092A-0728-044-00 $25.00
092A-0728-045-00 $25.00
092A-0728-046-00 $25.00
092A-0728-047-00 $25.00
092A-0728-048-00 $25.00
092A-0728-049-00 $25.00
092A-0728-050-00 $25.00
092A-0728-051-00 $25.00
092A-0728-052-00 $25.00
092A-0728-053-00 $25.00
092A-0728-054-00 $25.00
092A-0728-055-00 $25.00
092A-0728-056-00 $25.00
092A-0728-057-00 $25.00
092A-0728-058-00 $25.00
092A-0728-059-00 $25.00
092A-0728-060-00 $25.00
092A-0728-061-00 $25.00
092A-0728-062-00 $25.00
092A-0728-063-00 $25.00
092A-0728-064-00 $25.00
092A-0728-065-00 $25.00
092A-0728-066-00 $25.00
092A-0728-067-00 $25.00
092A-0728-068-00 $25.00
092A-0728-069-00 $25.00
092A-0728-070-00 $25.00
092A-0728-071-00 $25.00
092A-0728-072-00 $25.00
092A-0728-074-00 $25.00
092A-0728-075-00 $25.00
092A-0728-076-00 $25.00
092A-0728-077-00 $25.00
092A-0728-078-00 $25.00
092A-0728-079-00 $25.00
092A-0728-080-00 $25.00
092A-0728-081-00 $25.00
092A-0728-082-00 $25.00
092A-0728-083-00 $25.00
092A-0728-084-00 $25.00
092A-0728-085-00 $25.00
092A-0728-086-00 $25.00
092A-0728-087-00 $25.00
092A-0728-088-00 $25.00
092A-0728-089-00 $25.00
092A-0728-090-00 $25.00
092A-0728-091-00 $25.00
PART E - 6 06/05/23
Packet Page 717
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0728-092-00 $25.00
092A-0728-093-00 $25.00
092A-0728-094-00 $25.00
092A-0728-095-00 $25.00
092A-0728-096-00 $25.00
092A-0728-097-00 $25.00
092A-0728-098-00 $25.00
092A-0728-099-00 $25.00
092A-0728-100-00 $25.00
092A-0728-101-00 $25.00
092A-0728-102-00 $25.00
092A-0728-103-00 $25.00
092A-0728-104-00 $25.00
092A-0728-105-00 $25.00
092A-0728-106-00 $25.00
092A-0728-107-00 $25.00
092A-0728-108-00 $25.00
092A-0728-109-00 $25.00
092A-0728-110-01 $25.00
092A-0728-111-01 $25.00
092A-0728-112-00 $25.00
092A-0728-113-00 $25.00
092A-0728-114-00 $25.00
092A-0728-115-00 $25.00
092A-0728-116-00 $25.00
092A-0728-117-00 $25.00
092A-0728-118-00 $25.00
092A-0728-119-00 $25.00
092A-0728-120-00 $25.00
092A-0728-121-00 $25.00
092A-0728-122-00 $25.00
092A-0728-123-00 $25.00
092A-0728-124-00 $25.00
092A-0728-125-00 $25.00
092A-0728-126-00 $25.00
092A-0728-127-00 $25.00
092A-0728-128-00 $25.00
092A-0728-129-00 $25.00
092A-0729-001-00 $25.00
092A-0729-002-00 $25.00
092A-0729-003-00 $25.00
092A-0729-004-00 $25.00
092A-0729-005-00 $25.00
092A-0729-006-00 $25.00
092A-0729-007-00 $25.00
092A-0729-008-00 $25.00
092A-0729-009-00 $25.00
092A-0729-010-00 $25.00
092A-0729-011-00 $25.00
092A-0729-012-00 $25.00
092A-0729-013-00 $25.00
092A-0729-014-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0729-015-00 $25.00
092A-0729-016-00 $25.00
092A-0729-017-00 $25.00
092A-0729-018-00 $25.00
092A-0729-019-00 $25.00
092A-0729-020-00 $25.00
092A-0729-021-00 $25.00
092A-0729-022-00 $25.00
092A-0729-023-00 $25.00
092A-0729-024-00 $25.00
092A-0729-025-00 $25.00
092A-0729-026-00 $25.00
092A-0729-027-00 $25.00
092A-0729-028-00 $25.00
092A-0729-029-00 $25.00
092A-0729-030-00 $25.00
092A-0729-031-00 $25.00
092A-0729-032-00 $25.00
092A-0729-033-00 $25.00
092A-0729-034-00 $25.00
092A-0729-035-00 $25.00
092A-0729-036-00 $25.00
092A-0729-037-00 $25.00
092A-0729-038-00 $25.00
092A-0729-039-00 $25.00
092A-0729-040-00 $25.00
092A-0729-041-00 $25.00
092A-0729-042-00 $25.00
092A-0729-043-00 $25.00
092A-0729-044-00 $25.00
092A-0729-045-00 $25.00
092A-0729-046-00 $25.00
092A-0729-047-00 $25.00
092A-0729-048-00 $25.00
092A-0729-049-00 $25.00
092A-0729-050-00 $25.00
092A-0729-051-00 $25.00
092A-0729-052-00 $25.00
092A-0729-053-00 $25.00
092A-0729-054-00 $25.00
092A-0729-055-00 $25.00
092A-0729-056-00 $25.00
092A-0729-057-00 $25.00
092A-0729-058-00 $25.00
092A-0729-059-00 $25.00
092A-0729-060-00 $25.00
092A-0729-061-00 $25.00
092A-0729-062-00 $25.00
092A-0729-063-00 $25.00
092A-0729-064-00 $25.00
092A-0729-065-00 $25.00
092A-0729-066-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0729-067-00 $25.00
092A-0729-068-00 $25.00
092A-0729-069-00 $25.00
092A-0729-070-00 $25.00
092A-0729-071-00 $25.00
092A-0729-072-00 $25.00
092A-0729-073-00 $25.00
092A-0729-074-00 $25.00
092A-0729-075-01 $25.00
092A-0729-076-01 $25.00
092A-0729-077-00 $25.00
092A-0729-078-00 $25.00
092A-0729-079-00 $25.00
092A-0729-080-00 $25.00
092A-0729-081-00 $25.00
092A-0729-082-00 $25.00
092A-0729-083-00 $25.00
092A-0729-084-00 $25.00
092A-0729-085-00 $25.00
092A-0729-086-00 $25.00
092A-0729-087-00 $25.00
092A-0729-088-00 $25.00
092A-0729-089-00 $25.00
092A-0729-090-00 $25.00
092A-0729-091-00 $25.00
092A-0729-092-00 $25.00
092A-0729-093-00 $25.00
092A-0729-094-00 $25.00
092A-0729-095-00 $25.00
092A-0729-096-00 $25.00
092A-0729-097-00 $25.00
092A-0729-098-00 $25.00
092A-0729-099-00 $25.00
092A-0729-100-00 $25.00
092A-0729-101-00 $25.00
092A-0729-102-00 $25.00
092A-0729-103-00 $25.00
092A-0729-104-00 $25.00
092A-0729-105-00 $25.00
092A-0729-106-00 $25.00
092A-0729-107-00 $25.00
092A-2590-001-00 $25.00
092A-2590-002-00 $25.00
092A-2590-003-00 $25.00
092A-2590-005-00 $25.00
092A-2590-006-00 $25.00
092A-2590-007-00 $25.00
092A-2590-008-00 $25.00
092A-2590-009-00 $25.00
092A-2590-010-00 $25.00
092A-2590-011-00 $25.00
092A-2590-012-00 $25.00
PART E - 7 06/05/23
Packet Page 718
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-2590-013-00 $25.00
092A-2590-014-00 $25.00
092A-2590-015-00 $25.00
092A-2590-016-00 $25.00
092A-2590-017-00 $25.00
092A-2590-018-00 $25.00
092A-2590-019-00 $25.00
092A-2590-020-00 $25.00
092A-2590-021-00 $25.00
092A-2590-022-00 $25.00
092A-2590-023-00 $25.00
092A-2590-024-00 $25.00
092A-2590-025-00 $25.00
092A-2590-026-00 $25.00
092A-2590-027-00 $25.00
092A-2590-028-00 $25.00
092A-2590-029-00 $25.00
092A-2590-030-00 $25.00
092A-2590-031-00 $25.00
092A-2590-032-00 $25.00
092A-2590-033-00 $25.00
092A-2590-034-00 $25.00
092A-2590-035-00 $25.00
092A-2590-036-00 $25.00
092A-2590-037-00 $25.00
092A-2590-038-00 $25.00
092A-2590-039-00 $25.00
092A-2590-040-00 $25.00
092A-2590-041-00 $25.00
092A-2590-042-00 $25.00
092A-2590-043-00 $25.00
092A-2590-044-00 $25.00
092A-2590-045-00 $25.00
092A-2590-046-00 $25.00
092A-2590-047-00 $25.00
Total Parcels: 1,127
Total Assessment: $28,175.00
PART E - 8 06/05/23
Packet Page 719
Landscaping and Lighting District No. 13
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
Packet Page 720
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 13 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 17 Packet Page 721
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 13 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 13
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
Packet Page 722
CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 13 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) may levy and collect special assessments on parcels within the City of Newark Landscaping and Lighting District No. 13 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-landscape and mini-park improvements benefiting parcels within the boundaries of the District.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
The District generally consists of those properties south of Willow Street, northwest of Thornton Avenue, and east of Cedar Boulevard. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Impacts of Proposition 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.
These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessments were anticipated in the assessment formula (e.g., CPI increase or assessment cap) then the assessment would comply with the intent and provisions of Proposition 218.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.
The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Packet Page 723
CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 13 INTRODUCTION
2 Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
Packet Page 724
CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 13 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 13
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith.
The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
Packet Page 725
CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 13 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
Packet Page 726
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 13 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
Packet Page 727
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 13 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
Packet Page 728
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 13 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
The maintenance and operation of landscaping, landscape irrigation, lighting within and adjacent to the rights-of-way of Thornton Avenue, Cedar Boulevard, Willow Street, Mahogany Place, Peachtree Avenue, and Papaya Avenue, including replacement and replanting costs, are part of the responsibilities. This also includes the maintenance and operation of landscaping, lighting, pathways, play areas, and play equipment within the in-tract mini-parks.
The development’s Homeowner’s Association has historically and continues to maintain all the District’s authorized improvements, resulting in no maintenance of these improvements being provided by the City or funded by the District.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.
Packet Page 729
CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 13 ESTIMATE OF COSTS 8 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the Districts can also be included.
The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Projected Revenues
Assessment Revenue $0
Non-Assessment Revenues $0
Total Projected Revenues $0
Projected Expenses
Contract Services $0
Utilities $0
Administration and Incidentals $0
County Collection Fees $0
Unforeseen Maintenance and Repairs $0
Total Projected Expenses $0
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $3,519
Reserve Fund Collection Increase/(Decrease) $0
Ending Fund Balance - June 30, 2024 $3,519
Recommended Operating Reserves $0
Available Operating Reserves $0
Available Capital Reserves $3,519
Landscaping and Lighting District No. 13
Fiscal Year 2023-24 Cost Estimate
Packet Page 730
CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 13 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so the District can respond and address the need promptly.
Packet Page 731
CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 13 ASSESSMENT DIAGRAM 10 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report.
The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
Packet Page 732
CEDAR BL
THORNTON AV
WILLOW ST
PEACHTREE AV
MAHOGANY PL
PAPAYA ST
HICKORY ST
MAYHEWS LANDING RD
FIR CT
ASSESSMENT DIAGRAM
Legend
LLD No. 13 Boundary
Parcels
± 0 310 620
Feet
(THORNTON AVENUE AT WILLOW STREET)
LANDSCAPING AND LIGHTING DISTRICT NO. 13
Packet Page 733
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 12 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.
In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the Packet Page 734
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 13 assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.
The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. In order for the City to separate out the general and special benefits for each improvement type, an analysis of each improvement was conducted. The analysis reviewed the purpose and users of each improvement, and then identified the properties that may benefit from the improvement both within and outside the City and within and outside the District, and then allocated the costs to maintain, service, and replace each improvement type to each identified property.
Because general benefits are not assessable, any costs associated with general benefits are to be paid for by the City or another non-assessment revenue source. Only the costs associated with the special benefits conferred on property within the District from the authorized improvements are assessable, and therefore may be assessed herein. A summary of the benefits conferred by the improvements is described below.
Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the landscape and park improvements as determined at the time the District was established.
In reviewing each of the District’s improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District.
Although the improvements include a mini park, public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District’s boundary and any public access or use of the improvements by others is incidental. However, though it may be a rare occurrence, it is reasonable to conclude that individuals residing outside the boundaries of the District may utilize the mini park within the development. For this reason, it has been conservatively estimated that 2% of the costs of maintaining the mini park are associated with general benefit to the public at large and cannot be assessed to property within the boundaries of the District and would need to be funded using a non-assessment revenue source. All other improvements and related costs are determined to clearly provide distinct and special benefits to properties within the District Packet Page 735
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 14 and therefore may be funded using assessment revenues if needed.
The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of the District. The apportioning of special benefit is a two-step process:
the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements.
The identified special benefits conferred to property from the landscape and park improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive parks and landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
• Increased property values:
o Attractive and well-maintained parks and landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o Landscaping helps calm traffic and reduce speeds, creating a safer environment for pedestrians and cyclists. It also acts as a physical buffer between roadways and properties within the District.
• Recreational opportunities:
o Parks and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, environmental and health benefits, community gathering places, and an overall improved and healthier community image.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.
Packet Page 736
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 15 These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments may provide funding to maintain the landscape and park improvements which provides visual and environmental benefits to the properties within the District. Such improved and well-maintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.
Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.
Therefore, during the formation of the District, the City and Engineer of Work determined that each parcel within the District boundaries receives a similar benefit from the improvements. Therefore, the most appropriate method of apportioning costs was determined to be spreading all District costs equally to each parcel in the District. This methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.
However, the City is not proposing to levy any assessments on property within the District in Fiscal Year 2023-24 because the maintenance of the improvements is funded by the local homeowner’s association. Should costs arise that require the need to levy an assessment in the future, the costs of maintaining the District’s improvements would be apportioned to assessable property within the District on a per parcel basis.
Should an assessment be levied in the future, publicly owned properties within the District must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts, public parkways, public property designated open space, and any portion of public property that is not used for business purposes similar to private residential, commercial, industrial, and institutional activities. Also exempted from the assessments are private streets, utility easements, Homeowner’s Association common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.
Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such Packet Page 737
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 16 changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 13 ASSESSMENT ROLL 17 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
The City is not proposing to levy any assessments on property within the District for Fiscal Year 2023-24. Therefore, the total proposed assessment for Fiscal Year 2023-24 is $0.00.
Packet Page 739
Landscaping and Lighting District No. 15
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
Packet Page 740
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 15 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 15 Packet Page 741
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 15 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 15
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
Packet Page 742
CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 15 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 15 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-landscape improvements benefiting parcels within the boundaries of the District.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
The District generally consists of those properties along and fronting Iris Court. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(b) exempted:
“Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessment shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were established by a petition signed by the persons owning all the parcels subject to the assessment at the time the assessment was originally proposed. As such, pursuant to Article XIIID Section 5(b), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 15 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.
The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 15
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith.
The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
Packet Page 745
CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
Packet Page 746
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 15 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
Packet Page 747
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 15 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 15 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
The maintenance and operation of landscaping within the easement areas and the public right-of-way along Robertson Avenue fronting the District.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.
Packet Page 749
CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ESTIMATE OF COSTS 8 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the Districts can also be included.
The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Projected Revenues
Assessment Revenue $5,046
Non-Assessment Revenues $0
Total Projected Revenues $5,046
Projected Expenses
Contract Services ($1,259)
Utilities ($826)
Administration and Incidentals ($1,961)
County Collection Fees ($86)
Unforeseen Maintenance and Repairs1 ($207)
Total Projected Expenses ($4,338)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $32,384
Reserve Fund Collection Increase/(Decrease) $708
Ending Fund Balance - June 30, 2024 $33,092
Recommended Operating Reserves $2,066
Available Operating Reserves $2,066
Available Capital Reserves2 $31,027
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 2 Includes $15,500 for future Plant Replacement projects.
Landscaping and Lighting District No. 15
Fiscal Year 2023-24 Cost Estimate
Packet Page 750
CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.
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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ASSESSMENT DIAGRAM 10 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report.
The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
Packet Page 752
IRIS CT
ROBERTSON AV
GERANIUM ST
GERANIUM CT
COLUMBINE PL
ARBUTUS CT
ROCKSPRAY ST
ASSESSMENT DIAGRAM
Legend
LLD No. 15 Boundary
Parcels
± 0 162.5 325
Feet
(IRIS COURT)
LANDSCAPING AND LIGHTING DISTRICT NO. 15
Packet Page 753
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 15 METHOD OF APPORTIONMENT 12 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was established.
The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of the District. The apportioning of special benefit is a two-step process:
Packet Page 754
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 15 METHOD OF APPORTIONMENT 13 the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements.
The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o Landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.
These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping that improves safety and provides visual and environmental benefits to the properties within the District. Such improved and well-maintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.
Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.
Therefore, the City and Engineer at the time of formation determined that each parcel within the boundaries of the District receives a similar benefit from the improvements.
Therefore, the most appropriate method of apportioning costs was determined to be Packet Page 755
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 15 METHOD OF APPORTIONMENT 14 spreading all District costs equally to each parcel in the District. This methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.
In Fiscal Year 2023-24, the City proposes to collect the maximum assessment revenue from the assessable parcels located in the District, which amounts to $174.00 per parcel to be levied. A listing of each assessable parcel and their proposed Fiscal Year 2023-24 assessment is on the Assessment Roll in Part E of this Report.
Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements.
Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
Packet Page 756
CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ASSESSMENT ROLL 15 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.
The total proposed assessment for Fiscal Year 2023-24 is $5,046.00.
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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 15
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-2376-031-00 $174.00
092A-2376-032-00 $174.00
092A-2376-033-00 $174.00
092A-2376-034-00 $174.00
092A-2376-035-00 $174.00
092A-2376-036-00 $174.00
092A-2376-037-00 $174.00
092A-2376-038-00 $174.00
092A-2376-039-00 $174.00
092A-2376-040-00 $174.00
092A-2376-041-00 $174.00
092A-2376-042-00 $174.00
092A-2376-043-00 $174.00
092A-2376-044-00 $174.00
092A-2376-045-00 $174.00
092A-2376-046-00 $174.00
092A-2376-047-00 $174.00
092A-2376-048-00 $174.00
092A-2376-049-00 $174.00
092A-2376-050-00 $174.00
092A-2376-051-00 $174.00
092A-2376-052-00 $174.00
092A-2376-053-00 $174.00
092A-2376-054-00 $174.00
092A-2376-055-00 $174.00
092A-2376-056-00 $174.00
092A-2376-057-00 $174.00
092A-2376-058-00 $174.00
092A-2376-059-00 $174.00
Total Parcels: 29
Total Assessment: $5,046.00
PART E - 1 06/05/23
Packet Page 758
Landscaping and Lighting District No. 16
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
Packet Page 759
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 16 TABLE OF CONTENTS i
Table of Contents
Page No.
Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 18 Packet Page 760
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 16 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 16
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: June 5, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
Packet Page 761
CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 16 INTRODUCTION
1 SECTION I
INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 16 (“District”) to maintain public improvements. The District was formed in May of 1999 to provide a dedicated source of funding for the ongoing maintenance of landscaping and park improvements benefiting parcels within the boundaries of the District.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
The District generally consists of those properties within the development east of Kiote Drive, along Rinconada Court, Crystal Springs Court, Tanforan Court, and Silverado Place. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Impacts of Proposition 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.
These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessments were anticipated in the assessment formula (e.g., CPI increase or assessment cap) then the assessment would comply with the intent and provisions of Proposition 218.
Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.
The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Packet Page 762
CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 16 INTRODUCTION
2 Payment of annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
Packet Page 763
CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ENGINEER’S REPORT 3 SECTION II
ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 16
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith.
The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
Packet Page 764
CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
Packet Page 765
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 16 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
Packet Page 766
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 16 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
Packet Page 767
CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 16 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
• The Landscape Improvements include, but are not limited to landscaping, planting, turf, trees, irrigation systems, and fixtures in public street and sidewalk rights-of-way, including parkways and other easements dedicated to the City within, and adjacent to, the District.
• The Park Improvements include but are not limited to landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures, trails, and open space areas.
A more detailed description of the facilities which either have or will be constructed, operated, maintained, and serviced are generally described as follows.
The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement along the street frontage of Kiote Drive in Tract 6671 and the landscaping, irrigation system, and recreation facilities related to the mini park common area shown as Parcel A on the Tract Map.
Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of these diagrams is on file with the City’s Public Works Department.
Packet Page 768
CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ESTIMATE OF COSTS 8 PART B
ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included.
Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.
The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.
Projected Revenues
Assessment Revenue $19,903
Non-Assessment Revenues1 $404
Total Projected Revenues $20,307
Projected Expenses
Contract Services ($3,375)
Utilities ($9,999)
Administration and Incidentals ($5,539)
County Collection Fees ($338)
Unforeseen Maintenance and Repairs2 ($963)
Total Projected Expenses ($20,215)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $44,749
Reserve Fund Collection Increase/(Decrease) $92
Ending Fund Balance - June 30, 2024 $44,841
Recommended Operating Reserves $9,626
Available Operating Reserves $9,626
Available Capital Reserves3 $35,215
1 Non-Assessment Revenues equate to the City contribution in the amount of $404 for General Benefits conferred to the public at large.
2 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 3 Includes $14,780 for future Plant Replacement projects.
Landscaping and Lighting District No. 16
Fiscal Year 2023-24 Cost Estimate
Packet Page 769
CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.
The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.
Packet Page 770
CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ASSESSMENT DIAGRAM 10 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report.
The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
Packet Page 771
KIOTE DR
SPRUCE ST
JARVIS AV
MERION DR
GATEWAY BL
INVERNESS DR
THORNTON AV
TANFORAN CT
SILVERADO PL
RINCONADA CT
CRYSTAL SPRINGS CT
ASSESSMENT DIAGRAM
Legend
LLD No. 16 Boundary
Parcels
± 0 385 770
Feet
(PUITE HOMES/TRACT 6671)
LANDSCAPING AND LIGHTING DISTRICT NO. 16
Packet Page 772
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 16 METHOD OF APPORTIONMENT 12 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.
The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
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 streetlights, landscaping, parks, trails, open space, 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 formula used for calculating assessments in the District therefore needs to reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.
The 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.
Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public Packet Page 773
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 16 METHOD OF APPORTIONMENT 13 easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.
The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. In order for the City to separate out the general and special benefits for each improvement type, an analysis of each improvement was conducted. The analysis reviewed the purpose and users of each improvement, and then identified the properties that benefit from the improvement, and then allocated the costs to maintain, service, and replace each improvement type to each identified property.
Because general benefits are not assessable, any costs associated with general benefits are to be paid for by the City. Only the costs associated with the special benefits conferred on property within District from the authorized improvements are assessable, and therefore assessed herein. A summary of the benefits conferred by the improvements is described below.
Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was formed.
The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services within the boundaries of the District. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.
In determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Part A above, and the capital, maintenance, and operating costs of said public improvements, was considered and analyzed. Due to the close proximity of the parcels to the improvements detailed in Part A above, it has been demonstrated and determined that the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and distinct special benefit over and above general benefits by said public improvements in a way that is particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share.
Packet Page 774
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 16 METHOD OF APPORTIONMENT 14 In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements are summarized as follows.
Special Benefit from Landscape Maintenance
All parcels within the District receive special benefit from Landscape Maintenance. Trees, landscaping, hardscapes, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within the District by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. The landscape surrounding the development also acts as a buffer between nearby properties and the roadways improving the overall safety of properties within the development. In addition, the trees and plantings adjacent to the development help absorb noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment. In addition, all the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within the District.
In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
" ... there is no lack of opinion, based on general principles and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly .... Indeed, in most cases where public money has been spent on parkways the assumption has been made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City, ... "
It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway.
Special Benefit from Park Maintenance
All parcels within District receive special benefit from Park Maintenance. The overall quality of life and desirability of an area is enhanced, when public parks and recreational facilities are in place, improved, operable, safe, clean, and properly maintained.
Conversely, property desirability decreases when park and recreational facilities are unsafe or destroyed by the elements or vandalism.
Packet Page 775
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 16 METHOD OF APPORTIONMENT 15 Property desirability in an area also increases when there is an increase in the number of parks, recreation centers and sports facilities. These park and recreational facilities enable property owners to participate in sporting events, leisure activities, picnics, organized social events, and other miscellaneous activities.
Studies in several communities, including counties and cities throughout the United States, have indicated that recreation areas and facilities, if well maintained and wisely administered, have caused a marked increase in the property values of parcels in the community. Consequently, such recreation and park facilities have proved a potent factor in maintaining a sound economic condition and a high standard of livability in the community. These studies confirm the opinion, long held by planning authorities, as to the economic value of parks and recreational facilities in a community. “The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of both private interest to the landowner and others, holding an economic stake in the area, and of public interest to the taxpayers, who have a stake ...." (National Recreation and Park Association, June 1985)
“Recreation and park amenities are central components in establishing the quality of life in a community. ... [Businesses’] main resource is their employees for whom quality of life is an important issue… The availability and attractiveness of local parks and programs influences some companies’ relocation decisions. ... the presence of a park encourages real estate development around it.... ". (California Parks & Recreation, Winter 1997)
The benefit of parks and other recreational facilities to residential and commercial/industrial properties has been summarized by several studies. The United States Department of the Interior, National Park Service, in a publication from June 1984, concluded that:
• Parks and recreation stimulate business and generate tax revenues • Parks and recreation help conserve land, energy, and resources • An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property values • Public recreation benefits all residents and employers by providing continuing opportunities to maintain a level of fitness throughout one's working life, and through helping individuals cope with the stress of a fast-paced and demanding life Proper maintenance and operation of the mini park within the District benefits those properties within the development by providing environmental quality and recreational enhancement.
Packet Page 776
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 16 METHOD OF APPORTIONMENT 16 General Benefit
Since the in-tract streets within the development are designed to have minimal flow through traffic and the mini park within the District was designed for use by the properties within the District, there are few reasons for the public to visit the mini park or vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development. However, it is reasonable to conclude that members of the public may use the mini park and vehicular traffic may on a rare occasion utilize the intract streets due to the need to turn around or a mistaken turn into the development.
These rare circumstances where a pedestrian uses the mini park or a vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance.
Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the Districts. Therefore, based on low likelihood of the general public visiting the mini park and minimal if any flow-through traffic, it is conservatively estimated that approximately 98% of the annual trips to the mini park or along local in-tract roadways within the development would be a special and direct benefit to the parcels within the District and 2% of the annual trips to the mini park or along local in-tract roadways within the development would be a general benefit.
The share of costs attributable to the general benefits associated with the District improvements cannot be assessed to properties within the District, but are required to be paid by some other source, such as the City’s General Fund.
Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.
Therefore, the City and Engineer at the time of formation determined that each parcel within the boundaries of the District receives a similar benefit from the improvements.
Therefore, the most appropriate method of apportioning costs was determined to be spreading all District costs equally to each parcel in the District. This methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.
In Fiscal Year 2023-24, the City proposes to generate the maximum assessment revenue from the assessable parcels located in the District, which amounts to $209.50 per parcel to be levied. A listing of each assessable parcel and their proposed Fiscal Year 2023-24 assessment is on the Assessment Roll in Part E of this Report.
Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to Packet Page 777
CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 16 METHOD OF APPORTIONMENT 17 develop by the City. These types of parcels do not benefit from the improvements.
Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.
Packet Page 778
CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ASSESSMENT ROLL 18 PART E
ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.
This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.
The total proposed assessment for Fiscal Year 2023-24 is $19,902.50.
Packet Page 779
CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 16
ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-2597-001-00 $209.50
092A-2597-002-00 $209.50
092A-2597-003-00 $209.50
092A-2597-004-00 $209.50
092A-2597-005-00 $209.50
092A-2597-006-00 $209.50
092A-2597-007-00 $209.50
092A-2597-008-00 $209.50
092A-2597-009-00 $209.50
092A-2597-010-00 $209.50
092A-2597-011-00 $209.50
092A-2597-012-00 $209.50
092A-2597-013-00 $209.50
092A-2597-014-00 $209.50
092A-2597-015-00 $209.50
092A-2597-016-00 $209.50
092A-2597-017-00 $209.50
092A-2597-018-00 $209.50
092A-2597-019-00 $209.50
092A-2597-020-00 $209.50
092A-2597-021-00 $209.50
092A-2597-022-00 $209.50
092A-2597-023-00 $209.50
092A-2597-024-00 $209.50
092A-2597-025-00 $209.50
092A-2597-026-00 $209.50
092A-2597-027-00 $209.50
092A-2597-028-00 $209.50
092A-2597-029-00 $209.50
092A-2597-030-00 $209.50
092A-2597-031-00 $209.50
092A-2597-032-00 $209.50
092A-2597-033-00 $209.50
092A-2597-034-00 $209.50
092A-2597-035-00 $209.50
092A-2597-036-00 $209.50
092A-2597-037-00 $209.50
092A-2597-038-00 $209.50
092A-2597-039-00 $209.50
092A-2597-040-00 $209.50
092A-2597-041-00 $209.50
092A-2597-042-00 $209.50
092A-2597-043-00 $209.50
092A-2597-044-00 $209.50
092A-2597-045-00 $209.50
092A-2597-046-00 $209.50
092A-2597-047-00 $209.50
092A-2597-048-00 $209.50
092A-2597-049-00 $209.50
092A-2597-050-00 $209.50
092A-2597-051-00 $209.50
092A-2597-052-00 $209.50
Assessor's
Parcel
Number
Assessment
Amount
092A-2597-053-00 $209.50
092A-2597-054-00 $209.50
092A-2597-055-00 $209.50
092A-2597-056-00 $209.50
092A-2597-057-00 $209.50
092A-2597-058-00 $209.50
092A-2597-059-00 $209.50
092A-2597-060-00 $209.50
092A-2597-061-00 $209.50
092A-2597-062-00 $209.50
092A-2597-063-00 $209.50
092A-2597-064-00 $209.50
092A-2597-065-00 $209.50
092A-2597-066-00 $209.50
092A-2597-067-00 $209.50
092A-2597-068-00 $209.50
092A-2597-069-00 $209.50
092A-2597-070-00 $209.50
092A-2597-071-00 $209.50
092A-2597-072-00 $209.50
092A-2597-073-00 $209.50
092A-2597-074-00 $209.50
092A-2597-075-00 $209.50
092A-2597-076-00 $209.50
092A-2597-077-00 $209.50
092A-2597-078-00 $209.50
092A-2597-079-00 $209.50
092A-2597-080-00 $209.50
092A-2597-081-00 $209.50
092A-2597-082-00 $209.50
092A-2597-083-00 $209.50
092A-2597-084-00 $209.50
092A-2597-085-00 $209.50
092A-2597-086-00 $209.50
092A-2597-087-00 $209.50
092A-2597-088-00 $209.50
092A-2597-089-00 $209.50
092A-2597-090-00 $209.50
092A-2597-091-00 $209.50
092A-2597-092-00 $209.50
092A-2597-093-00 $209.50
092A-2597-094-00 $209.50
092A-2597-095-00 $209.50
Total Parcels: 95
Total Assessment: $19,902.50
PART E - 1 06/05/23
Packet Page 780
Landscaping and Lighting District No. 17
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
Packet Page 781
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 17 TABLE OF CONTENTS i
Table of Contents
Page No.