Loading...
HomeMy WebLinkAbout2001-03-19 City Council (11)TO: .City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES DATE:MARCH 19, 2001 CMR: 170:01 SUBJECT:PROPOSED UNIVERSITY AVENUE ASSESSMENT DISTRICT: PROTEST HEARING, TABULATION OF BALLOTS, " AND ACTIONS THEREAFTER REPORT IN BRIEF On January 22, 2001, Council adopted two resolutions necessary to begin forming the new University Avenue Area Off-Street Parking Assessment District. Since that time an assessment balloting, notification and information outreach process has been conducted with property owners within the proposed district. As required by California Constitution Article XIIID (Proposition 218), a public hearing will be conducted at Council’s March 19 meeting. At the close of the public hearing, the assessment ballots will be tabulated and the matter will be brought back to Council for action. If a majority of votes, based on dollars assessed, are in favor of the assessment, staff recommends that Council: adopt the "Resolution Adopting Engineer’s Report, Confirming the Assessment, Ordering the Work and Directing Actions with Respect Thereto." If the tabulation of ballots indicates that a majority of the weighted assessment are opposed to the assessments, the Council must terminate the proceedings to form the assessment district. RECOMMENDATION Following the tabulation of ballots, staff recommends that Council take the following actions. If the tabulation of the ballots shows a majority of votes (weighted based on dollars of assessment) in favor of the assessment, staff recommends that Council adopt and approve the attached "Resolution Adopting Engineer’s Report, Confirming the Assessment, Ordering the Work and Directing Actions with Respect Thereto" CMR:170:01 Page 1 of 6 If the tabulation of ballots indicates a majority of the weighted assessment are .~opposed to the assessments, the ~Council must terminate the proceedings to form the assessment district. BACKGROUND On November 27, 2000, Council approved recommendations to move forward with the construction of two new parking garages. On January 22, 2001, Council adopted two resolutions necessary to begin forming the new University Avenue Area Off-Street Parking Assessment District. The first was a. Resolution of Intention to Make Acquisitions and Improvements and the second was a Resolution Preliminarily Approving Engineer’s Report and Directing Actions with Respect Thereto. Actions indicated and taken subsequent to January 22 include: the mailing of assessment ballots to property owners in the proposed District; the mailing of a notice of a public hearing on March. 19; and conducting information meetings with property owners and the Chamber of Commerce. DISCUSSION Public Hearing, Tabulation of Ballots The assessment district is proposed tobe formed under the Municipal Improvement Act of 1913 (Division 12, California Streets. and Highways Code, the "1913 Act"). If the assessments are approved, bonds are proposed to be issued under the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code, the "1915 Act"). California Constitution Article XIIID (Proposition 218) requires the City to conduct a public hearing on the proposed assessment district a minimum of 45 days after the mailing of public notices and assessment ballots (mailed on February 2, 2001) to owners of all properties proposed to be assessed. Any person wishing to speak on the subject of establishing the proposed district may do so at the public hearing. At the close of the public hearing, the assessment ballots will be tabulated. Government Code 3"53753, effective January 1, 2001, requires that the ballots remain sealed until the close of the public hearing. The tabulation of ballots will commence immediately upon the close of the public hearing and be concluded before the Council finishes its other business that evening. When the ballots are finally tabulated, the matter will be brought back to Council for action. The votes are counted based on the relative weight of assessment dollars per parcel. If a majority of votes, based on dollars assessed, are in favor of the assessment, staff recommends that Council adopt the "Resolution Adopting Engineer’s Report, Confirming the Assessment, Ordering the Work and Directing Actions with Respect Thereto." This resolution formally determines the affirmative ballot and approves the assessments on each property. A detailed listing of the properties and the proposed assessments is CMR: 170:01 Page 2 of 6 provided in the Final Engineer’s Report (Attachment B). These assessments represent the highest amount that can be placed on any given property, without a new notice and ballot to each property owner.. The Resolution also directs the recordings and filings of the assessment, the Assessment Diagram, and a special Notice of Assessment required to establish the assessment liens on each property assessed. Finally, the resolution allows a minimum 30 day cash payment period (period begins when special"notice of assessment is mailed) during which property owners may pay all or part of their assessments in cash. Property owners that choose not to pay in cash will have their assessment financed through a City bond issuance. Outreach Efforts and District Property Owner Questions and Request Both City staff and major downtown property owners have conducted information efforts with property owners in the proposed district. In addition to mailing informational brochures with ballots and notices of the public hearing, other outreach activities were undertaken. These included: two meetings with property owners and one meeting with the Chamber of Commerce; letters sent by proponents of the parking structures to other property owners; designated phone, lines and office hours for staff and the Engineer to answer questions; and project information on the City’s web site. Common questions from property owners included: how to calculate the estimated amount of the annual assessment on their property tax bills; how the number of square feet on their property was derived; why residential units surrounding the district were not being assessed; what were the components of the costs that totaled $45.8 million for ~he garages; and to what extent the new garages would mitigate downtown parking needs. Responses to these questions were provided by staff and interested downtown property owners based on information provided in CMR: 114:01 and in the Preliminary Engineer’s Report approved by Council (attached to CMR:114:01) on January 22, 2001. During the balloting period, staff received several requests from property owners to re- examine their assessments. In instances where there were computational errors, such as correcting square footage, staff has made corrections. For a situation where relief from the assessment was requested, staff will present an oral report on March 19. RESOURCE IMPACT As shown in the Final Engineer’s Report (Attachment B), total Assessment District principal costs to finance and build the garages as well as to refinance existing assessment debt are estimated at $45.8 million. This amount represents the highest cost the proposed assessment district will bear, unless another ballot to raise project costs is conducted. It is estimated that property owners who choose to finance their assessment will pay approximately $1.45 per square foot annually (this includes the existing CMR:170:01 Page 3 of 6 downtown assessment of $.35 per square foot). For a.property.owner with 15,000 square feet, the annual assessment is expected to total approximately $22,000 ($17,000 more than the existing assessment). As a consequence of Proposition 218’s requirement that public entities must be subject to assessments, approval of the District will result in an estimated annual assessment on City property of $76,000. In addition to the garages, a non-parking area will be built as an extension of the S/L garage. This space, to be debt financed by the City’s General Fund, is estimated to cost $3.1 million. Annual debt service to construct this space could range as high as $286,000. This amount could be offset by potential commercial rentals. Use of this space is dependent upon the outcome of a Youth Master Plan and the desirability of locating a Teen Center in the downtown. To date, the City has appropriated $1.4 million ($.8 million from Parking In-Lieu Fund and $.6 million from the General Fund) toward the construction of the garages and non- parking area. Once the City issues its first series of Improvement Bonds in May 2001, proceeds will be used to reimburse the General and Parking In-Lieu Funds. If the ballot on the proposed assessment district is unsuccessful, expenses to date will not be reimbursed and the General Fund would be responsible for repaying the Parking In-Lieu Fund $.8 million. If the ballot is successful, staffwill return to Council in the near future with a Budget Amendment Ordinance to fund final design, architectural, and management work for Phase III of the parking structures project. Contract amendments with the Watry Design Group and the Turner Construction Company will be presented to Council for approval. POLICY IMPLICATIONS This recommendation is consistent with prior Council direction. TIMELINE March - April Publish and .mail notices of assessment payment to each property owner informing them of assessment and a cash payment option for the first series of bonds. Property .owners have 30 days to pay cash for all or part of their confirmed assessment Return to Council with a Budget Amendment Ordinance to fund final design, architectural~ and management work prior to construction CMR:170:01 Council adopts Resolution Authorizing the Issuance of Limited Obligation Improvement Bonds. This resolution confirms assessments after any cash payments and approves the bond sale documents required for a public offering of bonds City issues first in series of bonds to reimburse project costs already spent, fund additional design costs, and refinance existing Downtown Assessment District bonds. April - December Design work completed 2002 January Construction bids solicited March Publish and mail notices of assessment payment to each property owner informing them of assessment and a cash payment option for the second series of bonds. Property owners have 30 days to pay cash for all or part of their confirmed assessment. Award construction contract April Council adopts Resolution Authorizing the Issuance of Limited Obligation Improvement Bonds. This resolution confirms assessments after any cash payments and approves the bond sale documents required for a public offering of bonds. City issues second series of bonds to finance construction of garages and non-parking area Construction begins ENVIRONMENTAL ASSESSMENT An Environmental Impact Report for the parking structures was prepared as part of the PC zoning application and was certified by Council on December 20, 1999, by adoption of Resolution No. 7917. ’ CMR:I70:01 Page 5 of 6 ATTACHMENTS Attachment A: Attachment B: Resolution Adopting Engineer’s Report, Confirming the Assessment, -Ordering the Work and Directing Actions with Respect Thereto" Engineer’s Report for Proposed University. Avenue Off-Street Parking Assessment District PREPARED BY: Manager, Investments and Debt DEPARTMENT HEAD APPROVAL: Directo e Services E~LY HARRISON Assistant City Manager CMR: 170:01 Page 6 of 6 ATTACHMENT A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALO ALTO ADOPTING ENGINEER’S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO UNIVERSITY AVENUE AREA OFF-STREET PARKING ASSESSMENT DISTRICT The Council (the ~Council") of the City of Palo Alto (the "City"), County of Santa Clara, State of California, RESOLVES as follows: WHEREAS, on January 22, 2001, this Council adopted Resolution No. 8034, A Resolution of Intention to Make Acquisitions and Improvements, and in it directed the Engineer. of Work to make and file a report in writing in accordance with and pursuant to the Municipal Improvement Act of .1913 (the "Act") in and for the City’s proposed University Avenue Area Off-Street Parking Assessment District (the ~Assessment District"); WHEREAS, the report was made and filed, and considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer’s Report for all subsequent proceedings under andpursuant to the Resolution of. Intention; WHEREAS, Monday, March 19, 2001, at the hour of 7:00 o’clock p.m., in the meeting place of this Council, City Council Chambers, City Hall, 250 Hamilton Avenue, Palo Alto, California, were appointed, as the time and place for a public hearing to take testimony and for hearing protests in relation to the proposed acquisitions and improvements, for tabulation on assessmentballots and final action upon the Engineer’s Report,notices ofwhich hearing, including assessment ballots, were mailed asrequired by law; WHEREAS, the hearing was held, and all persons interested desiring to be heard were given an opportunity to be heard,andall matters and things pertaining to the acquisitions andimprovements were fully heard and considered by this Council;~ndany protests, both written, and oral, were duly heard, considered, and all assessment ballots submitted by property owners were received and tabulated; and WHEREAS, the City Clerk, being the official designated to tabulate the assessment ballots, has prepared a written tabulationof the ballots, which tabulation .has been presented to thisCouncil. NOW, THEREFORE, IT IS ORDERED as follows: rl. No Majority Protest; Protests Overruled. It is hereby determined that, upon the conclusion of the public hearing, and after tabulation of the assessment ballots submitted, no majority protest against the assessment existed because the assessment ballots submitted in opposition to the assessment did not exceed the ballots submitted in favor of the assessment. In tabulating the ballots, they were weighted according to the proportional financial obligation of the affected properties. Any protests, in whole or in part against the proposed acquisitions and improvements, the grades at which the work is proposed to be done, the assessment district or the extent thereof to be assessed for the costs and expenses of the acquisitions and improvements,the engineer’s estimate of costs and expenses, the maps and descriptions or against the diagram or the assessment to pay for the costs and expenses thereof, written and oral,are hereby overruled. The written-~tabulation of the ballots prepared by the Clerk is hereby approved and shall be part of the record of these proceedings. 2. Public Interest. The public interest, convenience and necessity require that the acquisitions and improvements be made and that the Assessment. District be formed. 3. Assessment District Described. The Assessment District benefited by the acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part~ hereof by reference thereto. 4. Engineer’s Report Approved. The Engineer’s Report, in the form on file in the office of the City Clerk and to which reference is hereby made for further particulars, including the estimates of costs and expenses, the apportionment of assessments and the assessment diagram contained in the Engineer’s Report, is hereby approved and confirmed and shall stand as- the Engineer’s Report for these and all future proceedings for the Assessment District. Final approval of the Engineer’s Report is intended to and shall refer and apply to the Engineer’s Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 5. Benefits Determined. Based on the oral and documentary evidence, including the Engineer’s Report, offered and received at the public hearing, this Council expressly finds and determines that: (a) each of the several subdivisions of land in theAssessment District will be specially benefited by theacquisitions and,improvements at least in the .amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively; and (b) there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the finding and determination as to special benefits. 6. Improvements Ordered, Assessment District Formed and Assessments Confirmed. This Council hereby orders that the acquisitions and improvements described in the Resolution of Intention be made, the Assessment District be formed and that the assessment to pay the costs and expenses thereof be confirmed and are hereby levied. For further particulars pursuant to the -2- provisions of the Act, reference is hereby made to the Resolution of Intention and the Engineer’s Report. 7.Recording Ordered. The City Clerk shall forthwith: (a) deliver to the official of the City who is the Superintendent of Streets under the Act the assessment as contained in the Engineer’s Report together with theassessment diagram, as approved and confirmed by thisCouncil, with a certificate rof such-confirmation and of thedate thereof, executed by the City Clerk, attached thereto. The Superintendent of Streets shall record the assessment and diagram in a suitable book to be kept for that purpose, and append thereto a certificate of the date of such recording, and such recordation shall be and constitute the assessment roll ~herein; and (b) cause a copy of the assessment diagram and a notice of assessment, substantially the form provided in Section 3114 of the Streets and Highways Code of California, executed by the City Clerk, to be filed and recorded, respectively, in the office of the County Recorder of the County of Santa Clara. From the date of recording of the notice of assessment, all persons shall be deemed to have notice of the contents of ~such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of ten (i0) years from the date of the recordation, or in the event bonds are issued to represent the assessments, then such liens shall continue Until the expiration of four (4) years after the due date of the last installment upon the bonds or of the last installment of principal of the bonds. The appropriate officer or officers of the City are hereby authorized to take all actions and to pay any and all fees required by law in connection with the:above. 8.Cash Payment Ordered. (a) Cash Payment. Under the Act, this Council hereby directs that the owners of property within the Assessment District shall be given written notice of the confirmation of the assessments and of the recording thereof in the office of the Superintendent of Streets and of the opportunity of such owners to pay all or a portion of the assessments attributable to the first phase of the bonds to be issued in cash for a period of not less than thirty (30) days. (b) Collection Officer. The Director of Administrative ’ Services of the City is appointed Collection Officer (the "Collection Officer") for the assessments and the person to whom payment of -the assessments shall be made, and that the office of the Collection Officer, at 250 Hamilton Avenue, Palo Alto, California 94301 is designated as the place at which any payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility for collecting assessments. -3- (c) Mailed Notices. The Collection Officer shall cause notices to pay assessments to be mailed under Section 10404 of the Act, which notice shall state that bonds will be issued under the Improvement Bond Act of 1915, to represent any unpaid assessments. The mailed notice shall be mailed to each owner of real property within the Assessment District at his or her last known address as the same appears on the tax rolls of the City, or on file in the office of or as known to the Clerk of the Council, or to both addresses if the address is not the same,- or to the general delivery when no address so appears. (d) Published Notice. The Collection Officer shall also cause the notice to be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in a newspaper published and circulated in the City. (e) Proceeds of Collections. The Collection Officer shall establish a fund, separate and distinct from other funds of’ the City and designated .~City of Palo Alto, University Avenue Area Off-Street Parking Assessment District Cash Payment Fund" (the "Cash Payment Fund") into which shall be deposited all sums received from the cash payments. The Cash Payment Fund may be invested by the Collection Officer in lawful investments for the City; provided, however, that the Collection Officer shall be under no obligation to invest any or all of the amounts in the Cash Payment Fund. In the event that this Council issues bonds for the Assessment District, the moneys in the Cash Payment Fund shall be applied to the acquisitions and improvements for the Assessment District and the Fund shall be closed. If the Council determines not to issue bonds to finance the acquisitions and improvements, .the Collection Officer shall return the amounts of cash payments (with any interest thereon) to the persons responsible for paying such cash payments and the Fund shall be closed.~ The timing of such determinations shall be entirely at the discretion of the Council. 9. Effective Date. This resolution shall be effective upon the date of its adoption. *********** -4- INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: Jones Hall, A Profession~~ration Bond Counsel City. Manager Director of Public Works Director, Administrative Services Sr.Assistant City Attorney -5- ATTACHMENT B FINAL ENGINEER’S REPORT UNIVERSITY AVENUE AREA OFF- STREET PARKING ASSESSMENT DISTRICT Prepared for: City of Palo Alto California Prepared by: Harris & Associates March, 2001 City O,f Palo Alto University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report TABLE OF CONTENTS Assessment ........................., .............................................................pg. ] Engineer’s Cost Estimate ...............................................................Pg. 4 Method of Assessment Gen¢ral ........................................................................................Pg. 5 Project Overview ..........................................................................Pg. 5 Benefit .........................: ......................: .......................................Pg. 6 Considerations from Proposition 218 .......................................Pg. 6 Special Benefit Analysis .......... ..................................................Pg. 7 Apportionment Formula ................................................................Pg. 8 Method for Allocating Costs to the Assessment District ..........Pg. 8 Method for Allocating Costs within the Assessment District... Pg. 8 Description of Improvements ......................................................Pg. 10 Boundary Map and Assessment Diagram ................................Pg. 11 Assessment Roll ......................................................................Pg, 1] Names and Addresses of Owners ..............................................Pg. 11 Plans and Specifications ..............................................................Pg. 11 Annual Administrative Assessment .......................: ...................Pg. 11 Certificates .....................................................................Pg. 12 Appendices ]. 2. Detailed Construction Cost Estimates Assessment Roll 03/13/01 I:~ProjectskPALO ALTOkPERI TOC.doc City Of Palo Alto University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03113/01 Page 1 ASSESSMENT WHEREAS, on January 22, 2001, the City Council of the City of Palo Alto, County of Santa Clara, State of California, under the Municipal Improvement Act of 1913 (the Act) adopted its Resolution of Intention No. 8035 The proceedings include financing for the acquisition and/or construction of the public improvements more particularly therein described, in and for the City’s University Avenue Area Off-Street Parking Assessment District (the "Assessment District"). WHEREAS, said Resolution directed the undersigned to make and file a report presenting: a) Maps and descriptions of the lands and easements to be acquired if any; b)Plans and specifications of the proposed improvements if the improvements are not already installed, including the class and types of improvements for each zone of the Assessment District, if these zones exist; c)A general description of the works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances or property are to be acquired as part of the improvements; e) An estimate of the cost of the improvements and the cost of lands, rights-of-way, easements and incidental expenses in connection with the improvements including any cost of registering bonds; A diagram showing, as they existed at the time of the passage of the Resolution of Intention, all of the following: 1.The exterior boundaries of the assessment district. 2.The boundaries of any zone within the district 3.The lines and dimensions of each parcel of land within thedistrict with each subdivision given a separate number upon the diagram; A proposed assessment of the total amount of the cost and expense of the proposed improvements upon the subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision respectively. The assessment shall refer to the subdivisions by their respective numbers; g)A proposed maximum annual assessment upon each of the subdivisions of land in the district to pay costs incurred by the City of Palo Alto and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. The particulars of which are described in the Resolution, incorporated herein by reference; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of the City of Palo Alto hereby make the following assessment to cover the portion of the estimated cost of said acquisitions, work and improvements, and the costs and expenses incidental thereto which specifically benefit the Assessment District and are to be paid by the Assessment District. I:kProjectsh°ALO ALTO~Final Engineer’s Report.doc City Qf Palo ,Alto University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03/13/01 Page 2 The amount to be paid for said acquisitions, work and improvements, and the expenses incidental thereto, is generally as follows: SUMMARY COST ESTIMATE Project Construction & Acquisitions Contributions Total Cost for Assessment District Incidental Costs Bond Costs Interest Income Balance To Assessment (1) As Preliminarily Approved $33,330,383 $0 $33,330,383 $6,876,335 $5,697,415 $0 $45,904,133 (2) As Confirmed And Recorded $33,330,383.00 $0.00 $33,330,383.00 $7,639,971.89 $5,697,415.00 ($818,779.89) $45,848,990.00 (3) As Modified After Recordation I do hereby assess and apportion the Balance to Assessment of the Total Cost of said acquisitions, work and improvements upon the several lots, pieces or parcels or portions of lots or subdivisions of land specifically benefited thereby and liable therefor, severally and respectively, in accordance with the special benefits to be received by such subdivisions, respectively, from the acquisitions and improvements. These pieces, parcels or portion of lots or subdivisions of land are hereinafter numbered to correspond with the numbers upon the attached Assessment Diagram. The portions of land and apportioned assessments are more particularly set forth in Appendix 2 attached herein, and incorporated by reference. In addition, an annual assessment for costs incurred by the City of Palo.Alto and not otherwise reimbursed for administration and collection of assessment of bonds shall be levied in a maximum annual amount of twenty-five dollars ($25.00) per individual assessment parcel per year. Said maximum annual administrative assessment shall increase each year by the change in the Consumer Price Index (CPI), during the preceding year ending in January, for All Urban Consumers for the San Francisco Bay area. As required by said Act, an Assessment Diagram is hereto attached showing the Assessment District and also the boundaries and dimensions of the respective subdivisions of land within said Assessment District as the same existed at the time of the passage of said Resolution, each of which subdivisions having been given a separate number upon said Diagram. Said assessment is made upon the several subdivisions of land within said Assessment District in proportion to the estimated special benefits to be received by said subdivisions, respectively, from said improvement. The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property. Each subdivision of land assessed is described in the Assessment Roll by reference to its parcel number as shown on the Assessor’s Maps of the County of Santa Clara for the Fiscal Year 2000-2001 I:h°rojectsh0ALO ALTO~Final Engineer’s Report.doc City Of Palo Alto University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03/13101 Page 3 and includes all of such parcel excepting those portions thereof within existing public roads or right of way to be acquired in these proceedings for public road purposes. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County. Notice is hereby given that serial and/or term improvement bonds to represent unpaid assessments and bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds; will be issued hereunder in the manner provided under the Improvement Bond Act of 1915 and the last installment of such bonds shall mature not to exceed twenty-nine (29) years from the second day of September ’ next succeeding twelve (12) months from their date. Under the Resolution of Intention, the requirement of Division 4 of the California Streets and Highway Code shall be satisfied with Part 7.5 of said Division 4, for which the following is presented: The total amount, as near as can be determined, of the total principal amount of all unpaid special assessment and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than contemplated in the instant proceeding is:$ 3,835,000 2.The total amount of the principal sum of the special assessment (the "Balance of Assessment") proposed to be levied in the instant proceedings is: $ 45,904,133 The total amount of the principal sum of unpaid special assessment levied against the parcels proposed to be assessed, as computed pursuant to paragraph 1, above, plus the principal amount of the special assessment proposed to be levied in the instant proceedings from paragraph 2, above is ¯ $ 49,739,133 The total true value, as near as may be determined, of the parcel of land and improvements which are proposed to be assessed in the instant proceedings, as determined by the full cash value of the parcels as shown upon the last equalized assessment roll of the County of Santa Clara is: $ 444,654,665 The ratio of total true value, as near as may be determined to the total amount of the principal sum of unpaid special assessments is: 8.9 to 1 Dated: By: ,2001 ,HARRIS & ASSOCIATES Engineer of Work Mary Grace Pawson RCE 044573 l:hUrojectskPALO ALTO~Final Engineer’s Report.doc City 0,f Pal0 Alto University Avenue Area 0ff-Street Parking Assessment District Final Engineer’s Report 03/13/01 Page 4 ENGINEER’S COST ESTIMATE The proposed project costs are set forth below. The costs are presented assuming that the City will issue two series of assessment bonds. Series 1 will acquire existing assessments and finance ongoing design and administrative activities. Series 2 will finance construction. Appendix 1 includes a more detailed presentation of the cost ,estimates prepared for the two parking structures. Description Series 1 Bond Issue Construction and Incidental Costs Refinance Outstanding Assessment Bonds Planning, Design & Construction Management Right -of-Way Assessment District Costs Contingency Financing Costs Interest Income Balance to Assessment Series 1 Series 2 Bond Issue Construction and Incidental Costs Financing Costs Interest Income Balance to Assessment Series 2 Total Balance to Assessment Underwriter’s Discount Bond Reserve Rating Agency Fees Capitalized Interest Cost of Issuance Lot R Construction Lot R Estimating Contingency Lot R General Conditions Lot R Escalation Lot R Contigencies Lot S/L Construction Lot S/L Estimating Contingency Lot S/L General Conditions Lot S/L Escalatior~ Lot S/L Contigencies CityManagement and Administration Assessment District Costs Underwriter’s Discount Bond Reserve Rating Agency Fees Capitalized Interest Cost of Issuance Preliminary Costs $2,217,080 $5,563,615 $185,000 $238,0O0 $102,000 $141,300 $671,000 $25,000 $161,040 $115,965$o $9,420,000 $6,846,000 $821,520 $613,402 $621,069 $890,199 $14,906,200 $1,788,744 $1,335,596 $1,352,290 $1,938,283 $o $787,720 $547,200 $2,765,740 $50,000 $1,200,170 $20,000 $o $36,484,133 $45,904,133 Confirmed Costs $2,217,080 $5,800,472 $185,000 $238,000 $0 $141,300 $671,000 $25,000 $161,040 $115,965 -$190,000 S9,364,857 $6,846,000 $821,520 $613,402 $621,069 $890,199 $14,906,200 $1,788,744 $1,335,596 $1,352,290 $1,938,283 $634,000! $782,500 $547,200’ $2,765,740 $50,00O $1,200,170 $20,000 -$628,780 $36,484,133 $45,848,990 IAProjects~PALO ALTOLFinal Engineer’s Report.doc City Of Palo Alto ¯ University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03/13/01 Page 5 METHOD OF ASSESSMENT GENERAL The Assessment District is formed under the authority of the Municipal Improvement Act of 1913 . (the Act) and Article XIIID of the California State. Constitution, and in accordance with the Proposition 218 Omnibus Implementation Act (chapt. 28~ 1997 stats.) as supplemented by the provisions of Section 13.12.050 of the Palo Alto Improvement Procedure Code, which require that local agencies levy assessments based on the special benefits provided by the project. In addition, Article XIIID, Section 4, of the State Constitution requires that a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also requires that publicly owned property that benefits from the improvements be assessed. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the -purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. Therefore, costs and expenses of proposed improvement(s) will be apportioned against the properties by a formula or method that proportionally and equitably distributes the costs in direct proportion to the estimated special benefits these parcels receive from the improvements. The approval of the assessments rests with the City Council. The Council renders its decision after hearing testimony and evidence presented at a public hearing and tabulating the assessmerit ballots which are mailed to all record owners of property within the Assessment District. Only ballots delivered to the City prior to the close of the public hearing are tabulated. The Council’s findings must include whether or not the assessment spread has been made in direct proportion to the estimated special benefits received by each parcel. Assessment ballots are weighted by the amount of the assessment. The ballot tabulation is finalized after the close of the Public Hearing. If fifty percent or more of the weighted assessment ballots submitted favor the levy of the assessments, then the Council may proceed. If the majority of the weighted ballots (more than 50%) oppose the levy of assessment, then the proceedings must be abandoned. PROJECT OVERVIEW The University Avenue Area is a diverse mixed-use area with a combination of offices, retail establishments, restaurants, civic facilities and some higher density residences. The goal of both the City and the property owners in the area has been to "promote the economic health of Downtown, encourage retail vitality and variety and increase potential for a variety of uses". 1 The zoning designations within the University Avenue area are Commercial Downtown ("CD"). The CD district is intended to: 1 Downtown Report - A Summary_, January 1988, City of Palo Alto l:~ProjectskPALO ALTOLFinal Engineer’s Report.doc City Of Palo ~to University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03/13/01 Page 6 o:.Control amount and size of development ¯ .’.Preserve and promote ground floor retail uses ¯:.Enhance pedestrian activity ¯ :.Create harmonious transitions to residential neighborhoods ¯:.Assist in the preservation of historic buildings2 The University Avenue Parking Assessment District was established in 1975 with the goal of providing safe, convenient parking. Since its inception, the University Avenue Parking Assessment District has acquired 20 lots and constructed 2 parking garages. The Parking Assessment District has worked to create a downtown parking "system" with a variety of parking opportunities. The parking system supports an area where visitors perform multiple tasks (dine, shop, run errands) and are able to walk easily between various business establishments. In 1994, the City in cooperation with downtown property owners and the Chamber of Commerce, brought forward a "Comprehensive Parking Plan for Downtown" (the "Comprehensive Plan). The Comprehensive Plan identified and addressed a deficit of parking in the Downtown area. The Plan recommended the construction of new parking facilities. The City has been working since 1994 to develop plans for construction of new parking garages on surface lots S and L, near the center of downtown and surface lot R, on the southwesterly side of downtown. Together, the new garages will add approximately 700 new parking spaces to the downtown system. The S/L Garage consists of seven levels, two below grade and five above grade, and incorporates space, not suitable for parking and reserved for future private or public use, within the design. The R Garage includes five levels all above grade and the structure is completely devoted to parking. To date the City has completed planning, environmental documentation and 50-percent design on two new garages. This assessment district is proposed to generate over $45 million of funding for the construction of the new garages and refinancing of existing assessment bonds at more favorable rates and terms. BENEFIT Considerations from Proposition 218 In November 1996, the voters of California approved Proposition 218, which added Articles XIIIC and XIIID to the California State Constitution. Proposition 218 added new procedures and requirements for all assessments. Particularly, Proposition 218 requires the following: The assessment proceedings must identify all parcels which will have special benefit conferred upon them, including property owned by Federal, State or Local government agencies. "Special benefit" means "particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." General enhancement of property value is not considered to be a "special benefit." 2 Downtown Report - A Summary_ IAProjectskPALO ALTOkFinal Engineer’s Report.doc City Of Palo Alto University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03113/01 Page 7 The assessment on a parcel may not exceed the reasonable cost of the proportional special benefit conferred on the parcel. The improvements proposed for the Assessment District must meet the special benefit test of Proposition 218. Additionally, the assessment on each parcel must not exceed the cost of the proportional special benefit conferred on the parcel. Special Benefit Analysis Definition of "Special Benefit": A property benefits from the parking system when the availability of that system helps offset requirements imposed by the City through its planningor zoning. process. This benefit is most clearly illustrated by a commercially zoned property with no onsite parking: development and use of the property would be prohibited by current planning and zoning criteria if an alternate parking system were not available. In these cases, the downtown parking system is integral to the highest and best use of property within that system. History of the Benefit Area: The University Avenue Area (also referred to as the "Downtown Area") received increasing City attention in the mid-1980s. The 1984-1986 Downtown Study addressed the increased parking and traffic problems resulting in part from a surge in Downtown office building construction.3 The Study responded to a period of rapid commercial growth that resulted in increased parking and traffic problems and raised the issue of the compatibility of new downtown construction with existing development.4 The study resulted in new parking regulations in the University Avenue Parking Assessment District as part of a comprehensive effort.to assure reasonable commercial development and employment centerswithin the downtown area.5 Area of Benefit: The existing University Avenue Parking Assessment District is the area of benefit; properties within this area receive special consideration under City parking regulations.6 Specifically, the parking facilities specially benefit commercial properties and employment centers within the downtown as a result of the comprehensive planning and zoning work undertaken after the 1984-1986 Downtown Study.7 This study focused on mitigating growth and traffic impacts. However it acknowledged the importance of retail vitality and economic health for the commercial segrnent.8 The Downtown Study includes a "Twelve Point Public Parking Program" which specifically focuses on working with employers to implement program goals.9 The South of Forest Area (SOFA) is relatively close to some of the parking facilities in the University AvenueAssessment District system including Lots E and G and Civic Center Garage. Howeverproperties within the SOFA are not given unique treatment within the Zoning Code. Parking provided by University Avenue Facilities may not be used to offset parking requirements for properties in the SOFA; hence this area does not receive special Downtown Report, A Summary, January 1998 page 1. Ibid, page 5 Ibid, page 1. Palo Alto Municipal Code Sections 18.83 et. seq. Downtown Report, A Summary, January 1988. Ibid, page 8-9. Ibid, Appendix A. I:kProjectskPALO ALTOWinal Engineer’s Report.doc City Of Palo ,Alto University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03/13/01 Page 8 benefit from the proposed parking garages. Facilities providing "Special Benefit": The proposed R Garage provides only special benefit. This structure, when constructed, will be utilized solely to meet parking requirements and demands in the University Avenue Assessment District. The lot may not be used by other property in the City to offset parking requirements. All costs and facilities associated with the R Garage are intended solely to provide additional parking for the University Avenue Parking Assessment District in accordance with the City’s design requirements and Mitigation Measures adopted for the project under the California Environmental Quality Act. The proposed S/L Garage also provides special benefit because it also includes parking spaces that will be utilized solely to meet the demands and requirements of the University Avenue Assessment District. All costs and facilities associated with parking at the S/L Garage are intended to provide additional parking for the University Avenue Parking Assessment District in accordance with the City’s design requirements and Mitigation Measures adopted for the project under the California Environmental Quality Act. Costs and facilities that are incorporated within the S/L Garage but that do not provide parking, do not provide special. benefit. Facilities Providing "General Benefit": The design of the S/L Garage includes a space dedicated for future commercial or public use. These facilities can be logically incorporated within the design on the site because of site geometry and setback requirements. This logical architectural and engineering design provides for construction economies. However, these facilities do not provide parking, hence they do not specially benefit the property within the Assessment District. The cost of constructing these general benefit facilities is not an eligible . cost within the Assessment District. Any and all costs associated with this general benefit space will be paid by the City of Palo Alto, either as a contribution to reimburse the Assessment District or through a separate funding source. APPORTIONMENT FORMULA Method for Allocating Costs to the Assessment District The costs for the R Garage will be fully allocated to the Assessment District. The costs associated with the S/L Garage will be fully allocated to the Assessment District. The planning, design, construction management, administrative or construction costs of the non-parking space attached to the S/L Garage will not be allocated to the Assessment District and are not included in this report. Method for Allocating Costs within the Assessment District The City currently utilizes a blended rate of 1 parking space for 250 square feet of developed floor area (frequently expressed as 1/250 or 4/1000) to calculate parking demand within the Assessment District. The blended-rate is justified based on the mixed-use nature of the area. Many visitors park and walk to a variety of establishments within the area and City policy encourages this type of activity. Basis of Benefit: Spec!al benefit is provided to commercial properties and significant employers within the parking assessment district, because the availability of parking I:kProjectskPALO ALTO~Final Engineer’s Report.doc City Of Palo Alto .University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03ll 3/01 Page 9 throughout the district allows these properties to comply with City regulations. Without adequate parking, property cannot develop or change use. Compliance with City regulations is a special and unique benefit afforded to those properties within the Assessment District and not available to those properties outside of the District. Residential property within the Downtown Area does not receive special benefit from the parking facilities. The parking demand associated with residential property is very low, compared to commercial enterprises and parking is provided onsite. The Downtown Area also includes three churches. The churches are not large employers nor do they draw traffic and parking to the Downtown Area during business hours. A survey of the three churches indicates that their primary hours of operation are limited to Sunday mornings and Wednesday evenings. This type of use is not the focus of the parking program and does not represent a significant portion of the land use within the downtown area. Because of their unique use and hours of operation, these existing churches also do not contribute to the parking deficit downtown and will not receive special benefit from new parking facilities. Quantification of Benefit: The City, through its Parking Ordinance~° has established a variety of parking standards for different types of commercial and industrial land uses. These range from requirements as high as 1 space per 150 square feet to as low as 1 space per 400 square feet. The 1/250 standard represents an "average" demand, between the two extremes. Based on this information, and the City’s long history in the University Avenue Area, a Parking Benefit Unit of four spaces per 1000 square feet is reasonable. In some cases, properties located in the University Avenue Area provide parking on site. Properties with on-site parking with have their Parcel Benefit calculation adjusted to give appropriate credit for on-site parking provided the parking spaces provided meet the design criteria outlined in the City’s Municipal Code. The benefit formula can be mathematically expressed below: For Residential Properties: Parcel Benefit (in PBU) = 0 For existing Churches that do not ordinarily place large parking demands during peak business hours: Parcel Benefit (in PBU) = 0 For Existing University Avenue Parking Facilities: Parcel Benefit (in PBU) =0 For All other Parcels: Parcel Benefit (in PBU)n = (Enclosed square footage on a Parcel) x (4 PBU/1,000sf) -(onsite parking provided) Assessment Rate (in $iPBU) = (Project Cost)/(Total PBU in District) Parcel Assessment = Assessment Rate x Parcel Benefit ~°Pal0 Alto Municipal Code Section 18.83 et. seq. I~ "PBU" = Parcel Benefit Unit l:LProjects~PALO ALTOLFinal Engineer’s Report.doc City Of Palo Alto University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03/13/01 Page 10 DESCRIPTION OF IMPROVEMENTS Within the City of Palo Alto, (the "City") County of Santa Clara, State of California, the construction and acquisition of the following public vehicle off-street parking improvements, including the acquisition of all lands, easements, rights-of-way, licenses, franchises, permits and any outstanding assessments, the removal of all existing improvements and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof in accordance with plans and specifications to be approved by the City: The Site SiL Garage to be constructed on a.site of approximately 40,400 square feet located in the block bounded by Bryant Street, Lytton Avenue, Florence Avenue and University Avenue and consisting of a reinforced concrete structure of seven levels (five above-ground and two below ground levels) with approximately 692 parking spaces and approximately 8,100 square feet of non-parking space, but excluding any portion of such structure to be used for other than vehicle parking or related uses. The Site R Garage to be constructed on a site of approximately 25,200 square feet located in the block bounded by Alma Street, High Street, University Avenue and Hamilton Avenue and consisting of a reinforced concrete parking structure-of five parking levels (all above ground) with approximately 228 parking spaces. The foregoing shall include restrooms, bicycle racks and lockers, elevators, stairs, electric vehicle charging hook-ups, landscaping and architectural treatments. I:~Projects~PALO ALTO~Final Engineer’s Report.doc City Of Palo Alto University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03/,13/01 Page 11 BOUNDARY MAP AND ASSESSMENT DIAGRAM A reduced copy of the Boundary Map and Assessment Diagram are attached hereto. Full-sized copies of the Boundary Map and Assessment Diagram are on file in the Office of the City Clerk, of the City of Palo Alto. As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number assigned to each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Appendix 2. Reference is hereby made to the Assessor’s Parcel Maps of the County of Santa Clara for the boundaries and dimensions of each parcel of land. ASSESSMENT ROLL The Assessment Roll includes an Assessment Number, the Assessor’s Parcel Number, and Names and Addresses of the Property Owners as found on the secured Assessment Roll of the County of Santa Clara dated August 2000. The Assessment Roll shows the proposed Assessment for each property within the proposed Assessment District. The Act requires that the Assessment Roll be included in the Engineer’s Report. The Assessment Roll is included as Appendix 2. Assessment Ballots and Notices of the Public Hearing will be mailed to the property owners shown. PLANS AND SPECIFICATIONS Reference is hereby made to the Plans and Specifications in and for said assessment proceedings on file in the office of the City Clerk of the City of Palo Alto, County of Santa Clara. The Plans and Specifications are by reference included with this Engineer’s Report. ANNUAL ADMINISTRATIVE ASSESSMENT An annual administrative assessment shall be levied on each parcel of land or subdivision of land within the Assessment District. The administrative assessment will pay for necessary costs and expenses incurred by the City of Palo Alto, and not otherwise reimbursed, resulting from the administration and collection of assessments and/or from the administration or registration of any bonds and reserve or other related funds. This maximum assessment hereinafter set forth is authorized pursuant to the provisions of Section 10204(0 of the Streets and Highways Code and the said maximum annual assessment shall not exceed twenty- five dollars ($25) per individual assessment parcel per year. Said maximum annual administrative assessment shall increase each year by the change in the Consumer Price Index (CPI), during the preceding year ending in January, for All Urban Consumers for the San Francisco Bay area. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. I:~Projects~PALO ALTOLFinal Engineer’s Report.doc LEGEND: II GRAPHIC SCALE ~m ASSESSMENT DISTRICT BOUNDARIES UNIVERSITY PROPOSED BOUNDARIES OF AVENUE AREA OFF-STREET PARKING ASSESSMENT CITY OF PALO ALTO, COUNTY OF SANTA CLARA ,STATE OF CALFORNIA R£FERENCE IS HEREBY M~)E TO I~IE kt~PS OF RECORD IN THE OmCE OF THE ASSESSOR OF ~-IE COUNTY OF SANTA CLARA FOR A0E’i’AJLED DESCRIPTION OF" THE UNES AND DIMENSK)NS OF /~y PARCELS SHOWN HERE1N, WHICH M~ SHALL GOVERN FOR ACL 0ET~JLS CONCERNING THE UNES AND DIMF_NSIONS OF SUCH PARCE’L~. DISTRICT ¯PROJECT- -~ .~ 1.F1LED IN THE OFRCEOF CRY OF PALO ALTO 2001, 2.I HERE]~f CERllFY BOUNDARIES OF THE O$’F-~’TREET PARKING C/TY OF PALO ALTO, ~D BY THE CRY 0~" PALO ALTO, AT A REGULAR HE].D ON THE~DAY OF R~>OLUllON NO. 3.RLED THIS_ DAY OF_ 2001,AT THE HOUR OF O’CLOCK M, IN BOOK OF M~OF ASSESSMENTS ~ COMMUNRY ~LmES DISTRICTS AT PAGE IN THE OFRCE OF THE COUNIY RECORDER, I’VE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. COUNTY RECORDER COUhFrY SANTA CLARA DATE JAN. 2, 2001 SHEET 1 OF 1 LEGEND’~ 136-011-022 G~C SC~ ASSESSMENT DISTRICT BOUNDARIES t ASSESSOR’S PARCEL NUMBER (APN)REFERENCE IS HEREBY I~E TO THE MAPS OF RECORD ~NOmCE OF THE ASSESSOR OF THE COUNTY OF S~NIA CLAR~ FOR A~. OET.~LED DESCRIPTION OF THE UNESLOTUNEP~I~ELS SHOWN HERFIN, WHICHO~LS CONC~RN~N~ TH~ UN~S ~O ~ue~r-~m OF SUCH P~:B.s. ASSESSMENT NUMBER R~,mS OF WAY AND EASEMENTS TO OiE ACQUIRED FOR THEIMPROVt~MENTS TO B~ M~M~E FOR ~ AS~E~M~IT DIS3RICr SH~.L2. NOT e~ SUSPECT ro TH~ u~ oF *SS~SSU~TS L~W~ ON .,,,,o,.,,,=~ SHOt~NON’THI~DIAGI~’~M. UNIVERSITY AVENUE AREA OFF-STREET PARKING ASSESSMENT CITY OF PALO ALTO, COUNTY OF SANTA CLARA STATE OF CAUFORNIA [P~CoT~/ilL I I I I__1_1 II 3.,~W ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVED ON THE ~ DAY OF~ , 2001. REFERENCE IS MADE TO THE ASSESSMENT ROll RECORDED IN THE OFRCE OF THE SUPERINTENDENT OF STREETS FOR THE EXACT AMOUNT OF EACH ASSESSMENT ~~;=~E~..c= s.oWN o. TH,s 4.RLED THIS ~ OAYOF ~ 2001,AT THE HOUR OF O’CLOCK M. IN BOOK OF MAPS OF "~’~’~SMEN’I~ ~ COMMUNITY F-~"(~--LITIES DISTRICTS AT PAGE IN THE OFRCE OF THE Coo..~Eco~2~,~E Cou~ o~ ~. c~ COUNTY SANTA CLARA - i ii i =_ DATE JAN. 2, 2001 SHEEr 1 OF 4. MATCH UNE SEE SHEET ,.3 1.RE~E IS HI~EBY M~E TO THE MAPS OF RECORD iN THE omcE OF THE ASSESSOR "OF THE COUNTY OF .~ANTA CL~ FOR A DErNLSD DESCRIPTION OF THE UNES ~NO DIMENSIONS OF ~ P,~RCELS SHOWN HEREIN. WHICH MAP~ SH~ GOVERN FOR ALL DETNLS CONCERNING THE lINES AND DIMENSIONS OF SUCH P~RCELS. 2.RIGt’~ OF WAY AND EASEMENTS TO 81~ ACQUIRED FOR THEIMPROYI"MI’~I’P~ TO BE MADE FOR THIS ASSESSM~q" DISTRICT SHALL NOT BE SUBJECT TO THE UEN OF ASSESSMENT~LEVIED ONASSESSOR’S PARCELS SHOWN ON THIS DIAGRAM, UNIVERSITY ASSESSMENT DIAGRAM FOR AVENUE AREA OFF-STREET PARKING ASSESSMENT CITY OF PALO ALTO, COUNTY OF SANTA CLARA STATE OF CALI=ORNIA GRAPHIC SCALE DISTRIC T ~ ~ ~ SHEET 2 OF 4.¯ MATCH UNE SEE SHEET |.REFERENCE IS HEREBY M~)E TO THE MAPS OF RECORD IN ]HE OFFICE OF THE ASSESSOR OF THE COUNIY OF SANTACLARA FOR A OETNLED DESCRIPTION OF ]HE UNES AND DIMENSIONSOF ANY P/~R~B.S SHOWN HER~IN, WHICH M.~°S SHALL GOVERN FOR ALL 0ET~JLS CONCERNING THE UNES AND DIMENSIONS OF SUCH PARCELS. 2.RIGHTS OF WAY AND EASEMENTS TO BE ACQUIRED FOR THEIMPROVEMB~ITS TO BE MADE FORTHIS ASSESSMENT DISTRICT SHALLNOT B~ SUBJECT TO ]HE UEN OF ASSESSMENTS I.EMED ONASSESSOR’S PARCELS SHOWN ON THIS O~RA~I. ASSESSMENT DIAGRAM FOR UNIVERSITY AVENUE AREA OFF-STREET PARKING ASSESSMENT DISTRICT CITY OF PALO ALTO, COtJNTY OF SANTA CLARA STATE OF CALIFORNIA DATE JAN. 2, 2001 SHEET --3 OF~ 2.RIGHTS OF WAY ANO F.ASEMENTSTO BE ACQUIRED FOR THE:iMPROV~MENT~ TO 8~ 1~4~)~" FOR THIS ASSESSMF_NT DISTRK)T SHALLNOT BE SUBJEGT TO 114£ UEN OF ASSESSM~fTS LEVIED Off ASSESSOR’S PARCELS SHOWN ON THiS DtAGRAM. WEBSTER STREET I I I ¯ ml. ~rASSO STREET MATCH UNE SEE SHEET 3 UNIVERSITY ASSESSMENT DIAGRAM FOR AVENUE AREA OFF-STREET PARKING ASSESSMENT CITY OF PALO ALTO, COUNTY OF SANTA CLARA STATE OF CALFORNIA DISTRICT GRAPHIC SCALE ( m ~’~ ) llnoh- 100 f~ DATE JAN. 2, 2001 SHEET 4- OF ~" City,Of Palo Alto University Avenue Area Off-Street Parking Assessment District Final Engineer’s Report 03/13/01 Page 12 CERTIFICATES I, the City Clerk of the City of Palo Alto, County of Santa Clara, State of California, hereby certify that the Assessment and Assessment Roll in this Engineer’s Report, in the amounts set forth in Columns (1) of each, with the Assessment Diagram attached, Was filed with me on ,2001. Donna J. Rogers City Clerk City of Palo Alto I, have prepared this Engineer’s Report and do hereby certify that the amounts set forth in Column (2) under Summary Cost Estimate, hereof entitled Assessment, and the individual amounts in Column (2) of the Assessment Roll, herein, have been computed by me in accordance with the order of the City Council of the City of Palo Alto, County Santa Clara, adopted on ,2001. Mary Grace Pawson P.E. Engineer of Work I, the City Clerk of the City of Palo Alto, County of Santa Clara, State of California, hereby certify that the Assessment in this Engineer’s Report, in the amounts set forth in Column (2) was approved and confirmed by the City Council of the City of Palo Alto on ., 2001, by Resolution No. Donna J. Rogers City. Clerk City of Palo Alto I, the Director of Public Works of the City of Palo Alto, County of Santa Clara, State of California, hereby certify that the Assessment in this Engineer’s Report, together with the Assessment Diagram thereto attached, was recorded in my office on .,2001 Glenn S. Roberts P.E. Director of Public Works/Superintendent of Streets City of Palo Alto l:kProjectskPALO ALTOkFinal Engineer’s Report.doe Appendix 1 Detailed Construction Cost Estimates Palo Alto - Parking Structures Cost Estimate Description SERIESIBONDISSUE Construction & Acquisition Costs Refinance Outstanding Assessment Bonds Outstanding Bond Amount Debt Service and Bond Reserve Funds Subtotal Construction & Acquisition Costs Incidentals Planning Costs Design & Construction Management City Management & Adminstration Right-of-way (Appraisals/Legal/Easements) Printing, Advertising, Notices, etc. Filing Fees Bond Counsel Financial Advisor Assessment Engineering Incidental Contingency Total Incidental Expenses: Bond Costs Total Bond Costs: Underwriter’s Discount Bond Reserve Capitalized Interest Bond Insurance Rating Agency Fees Official Statement Printing, Registration and Servicing Interest Income BALANCE TO ASSESSMENT SERIES 1 SERIES2 BONDISSUE Construction & Acquisition Costs S/L GARAGE - Construction General Requirements & Permits Excavation and Foundations Structural Frame Roofing and Waterproofing Exterior Walls Interior Construction Special Requirements Vertical Transportation’ Mechanical Electrical Sitework Subtotal Estimating Contingencies (12%) General Conditions Fee (8%) Escalation to Start of Construction (7.5%) Change Order Contingency (10%) Subtotal S/L Garage Preliminary Costs $3,479,440 -$1,262~360 $5,615 $4,800,OOO $758,000 $185,000$2,500 $2,500 $90,000 $75,000 $68,000 $102,000 $141,300 $671,000 $161,040 $95,965 $25,000 $5,00O $15,000 $o $1,021,000 $3,133,000 $4,959,000 $47,000 $2,194,000 $433,000 $230,000 $407,000 $843,000 $1,038,000 $601,200 $14,906,200 $1,788,744 $1,335,596 $1,352,290 $1,938,283 Confirmed Costs $3,479,440.00 -$1~262,360.00 $5,615.00 $4,800,000.00 $994,856.89 $185,000.00 $2,500.00 $2~500.00 $90,000.00 $75,000.00 $68,000.00 $o.oo $141,300.00 $671,000.00 $161,040.00 $95,965.00 $25,000.00 $5,000.00 $15,000.00 $189,999.99 $1,021,000 $3,133,000 $4,959,000 $47,OOO $2,194,000 $433,000 $230,000 $407,000 $843,000 $1,038,000 $601,200 $14,906,200 $1,788,744 $1,335,596 $1,352,290 $1,938,283 Line Item Subtotals $2,217,080.011 $6,223,471.89 $1,114,305.00 -$189,999.89 $9,364,857.00 $21,321,113 Description Preliminary Confirmed Line Item Costs Costs Subtotals R GARAGE - Construction General Requirments & Permits Excavations and Foundations Structural Frame Roofing and Waterproofing Extedor Wall Interior Construction Special Requirements Vertical Transportation Mechanical Electdcal Sitework SubtotalEstimating Contingencies (12%) General Conditions Fee (8%) EscalatiOn to Start of Construction (7.5%) Change Order Contingency (10%) Subtotal R Garage Incidentals City Management and Administration Printing, Advertising, Notices, etc. Right-of-way Acquisition (Lot S/L) Filing Fees Bond Counsel Financial Advisor Assessment Engineering Incidental Contingency Total Incidental Expenses: Bond Cos~ Underwriter’s Discount Bond Reserve Capitalized Interest Rating Agency Fees Official Statement Printing, Registration and Servicing Total Bond Costs: $550,000 $850,000 $2,048,000 $13,000 $1,883,000 $184,000 $146,000 $120,000 $270,000 $414,000 $368,O00 $6,846,000 $821,520 $613,402 $621,069 $890,199 $0 $2,500 $527,000 $2,500 $165,500 $75,000 $10,000 $5,22O $547,200 $2,765,740 $1,200,170 $50,000 $5,ooo $15,ooo $550,000 $850,000 $2,O48,O00 $13,000 $1,883,000 $184,000 $146,000 $120,000 $270,000 $414,000 $368,000 $6,846,000 $821,520 $613,402 $621,069 $890,199 $634,000 $2,500 $527,000; $2,5OO $165,500 $75,00O $10,000 $o $547,200 $2,765,740 $1,200,170 $50,000 $5,00O $15 000 $9,792,190 $1,416,500 $4,583,110 Interest Income -$628,780BALANCE TO ASSESSMENT SERIES 2 $36,484,133 TOTAL BALANCE TO ASSESSMENT $45,848,990 ~>~<~<6 oo~oo~mm