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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: January 22, 2002

Subject/Title: Consideration of designation of Francisco & Associates, Inc. as the Engineer of Work for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for the 2002/03 Fiscal Year

Submitted by: Engineering: B. Grewal/D. Galey

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of a Consolidated Annual Report for Landscape & Lighting Assessment District Nos. 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (Spa “D”); 95-8 (Garin Ranch); 97-1 (Hancock-Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (Spa “L”); 99-4 (California Grove); 99-5 (Deer Creek Country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard); 00-4 (Brentwood Park); 01-1 (Laird Project); 02-1 (Oak Street); 02-2 (Apricot); 02-3 (Central & O’Hara); 02-4 (Sand Creek & Brentwood); 02-5 (Balfour & John Muir); 02-6 (San Jose & Sand Creek); 02-7 (Walnut & Continente); 02-8 (Lone Tree); the Citywide Park Maintenance District No. 98-1 and updating the Landscape & Lighting Facilities Audit for the 2002/2003 fiscal year.

Authorize the City Manager to execute a Consultant Services Agreement with Francisco & Associates, Inc. in an amount not to exceed $100,000 for:

1. Preparing the Consolidated Landscape & Lighting Engineer’s Report
2. Preparing the Citywide Park Maintenance District Engineer’s Report
3. Filing assessments with the Contra Costa County Auditor
4. Updating the Landscape & Lighting Facilities Audit

In addition, the Consultant Services Agreement will include:

1. Preparing Engineer’s Reports, noticing and balloting for annexations into existing districts and formation of new districts in an amount not to exceed $5,000 per development.

PREVIOUS ACTION
Actions were taken in previous years to form many of the Landscape & Lighting Districts (LLD’s) and the Citywide Park Maintenance District. 

BACKGROUND
The Landscaping and Lighting Act of 1972 requires an annual review and update setting the assessment each year. As part of the annual review, the Landscaping and Lighting Act of 1972 requires an Annual Engineer’s Report and a public hearing. In addition, Proposition 218 requires noticing and balloting if any increases over the approved maximum are being proposed. Preliminary budgets indicate that District 99-5 (Deer Creek Country Club) will have an increase over the allowable maximum assessment previously approved in the Engineer’s Report for the upcoming year, and therefore ballots and individual noticing of parcels currently in this LLD will be required. New subdivisions that have been approved since the last Engineer’s Report will go through the balloting process for annexation into existing districts or formation of new districts. As in previous years it is proposed that the consultant will prepare two Engineer’s Reports for this year, one for the Consolidated Landscape & Lighting Districts and one for the Citywide Park Maintenance District. The areas of public landscaping will be increased due to new landscaping coming on-line in the newer subdivisions. The consultant will also update the audit of the facilities associated with the landscape & lighting districts.

FISCAL IMPACT
Funds for the formation of each new LLD are deposited with the City by the developer. The remaining cost for service is provided by existing district assessments.

Attachments:
Resolution 
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DESIGNATING FRANCISCO & ASSOCIATES, INC. AS THE ENGINEER OF WORK FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS AND THE CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1 FOR THE 2002/03 FISCAL YEAR.

WHEREAS, Section 22622 of the California Streets and Highways Code requires the City Council to adopt a resolution generally describing any proposed new improvements to be included in determining the annual assessment levied for any assessment district created under the Landscaping and Lighting Act of 1972, and 

WHEREAS, Section 22622 further requires that the City Council order the preparation of an Engineer’s Report prior to initiating proceedings to fix the annual levy of assessments for any such district.

NOW, THEREFORE BE IT RESOLVED

1. Francisco & Associates, Inc., the firm designated by this Council as the Engineer of Work for Landscape & Lighting Assessment District Nos. 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (Spa “D”); 95-8 (Garin Ranch); 97-1 (Hancock-Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (Spa “L”); 99-4 California Grove); 99-5 (Deer Creek Country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard); 00-4 (Brentwood Park); 01-1 (Laird Property); 02-1 (Oak Street); 02-2 (Apricot); 02-3 (Central & O’Hara); 02-4 (Sand Creek & Brentwood); 02-5 (Balfour & John Muir); 02-6 (San Jose & Sand Creek); 02-7 (Walnut & Continente); 02-8 (Lone Tree); and the Citywide Park Maintenance District No. 98-1 for fiscal year 2002/2003, and is hereby directed to file an annual consolidated report in accordance with the provisions of the Landscaping and Lighting Act of 1972.

2. The improvements to be made in these assessment districts are generally described as follows:

The operation, maintenance and servicing of parks, landscaping, irrigation, lighting and associated facilities located on arterial and collector streets and other public areas as included in the FY 2002/03 Landscape & Lighting Assessment District and the Citywide Park Maintenance District Engineer’s Reports except: 

a) new annexations will be included, and
b) new districts will be included, and
c) new landscaping and associated improvements may be included.

3. The City Manager is hereby directed to execute an Agreement for Professional Engineering Services with Francisco & Associates, Inc. in an amount not to exceed $100,000 for the preparation of the Consolidated Landscape & Lighting Engineer’s Report, the Citywide Park Maintenance District Engineer’s Report including the filing of assessments with the Contra Costa County Auditor and updating the Landscape & Lighting Facilities Audit. The Agreement will also include the noticing and balloting for annexations into existing districts and formation of new districts in an amount not to exceed $5,000 per development.

4. This resolution is adopted pursuant to Section 22622 of the Streets and Highways Code.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of January 2002 by the following vote:

AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
OF FRANCISCO & ASSOCIATES, INC.

This Agreement, made and entered into this 22nd day of January 2002, by and between the CITY OF BRENTWOOD municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", and Francisco & Associates, Inc. with an office located at 130 Market Place, Suite 160, San Ramon, California, 94583 hereinafter referred to as “CONSULTANT".
RECITALS

A. CITY desires certain professional consultant services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this agreement to provide to the CITY, professional engineering services on an as-needed basis for the Landscape and Lighting Assessment Reporting including Citywide Park Maintenance Reporting, Updating the Landscape & Lighting Facility Audit, and any other assessment and special tax services as requested by the City.

SECTION 2 - DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

It is understood that Joseph A. Francisco will be the designated representative providing services to the City and this designated representative shall not be replaced without the City's approval.

SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT'S work.

SECTION 4 - TERM

The services to be performed under this agreement shall commence on January 22, 2002 and be completed on December 31, 2002.

SECTION 5 - PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request and CITY approval of the work performed. The CITY shall pay the CONSULTANT at the rates and for the hours actually performed by the CONSULTANT in accordance with the rates set forth in Exhibit "A" not to exceed $100,000.00.

SECTION 6 - TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this agreement or suspend work on the Project for any reason upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this agreement upon receipt of said written notice.

Upon termination and upon CITY'S payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation. Upon termination or expiration of this agreement, the obligations of the parties shall cease, save and except from those provided under Sections 7, 8, 10, 11, 12, 14, 15, and 16.

SECTION 7 - OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this agreement, although instruments of professional service are and shall be the property of CITY, whether the project for which they are made is executed or not. Use of the instruments of professional service by City for other than the project, is at CITY'S sole risk without legal liability or exposure to CONSULTANT.

SECTION 8 - CONFIDENTIALITY

All reports and documents prepared by CONSULTANT in connection with the performance of this agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this agreement.

SECTION 10-CONSULTANT'S STATUS

It is expressly agreed that in the performance of the professional services required under this agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this agreement.

SECTION 11 - INDEMNITY

CONSULTANT, in the performance of professional services, under this Agreement shall indemnify, defend, and hold harmless CITY, its directors, officers, employees and agents from any claim, loss, injury, damage, and expense and liability to the extent arising out of the negligence, errors, omissions, or wrongful acts of CONSULTANT, its employees, subcontractors, or agents. For liability for other liability arising out of professional services, CONSULTANT shall indemnify, defend, and hold harmless, CITY, its directors, officers, employees, and agents from any loss, injury, damage, and expense and liability resulting from injury to or death of any person and loss of or damage to property, or claim of such injury, death, loss or damage, caused by an act or omission in the performance under this Agreement by CONSULTANT, its employees, subcontractors, or agents, except for any loss, injury, or damage caused by the active negligence or willful misconduct of personnel employed by CITY.

SECTION 12-INSURANCE

The CONSULTANT shall provide and maintain:

A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $500,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
C. Errors and omissions insurance in the minimum amount of $1,000,000.00 aggregate.
D. Workers Compensation in at least the minimum statutory limits.
E. General Provisions for all insurance. All insurance shall:
1. Include the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.
2. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of Insurance.
4. No changes in insurance may be made without the written approval of the City Attorney's Office.

SECTION 13 – NONASSIGNABILITY

Personal Services of Consultant: Both parities hereto recognize that this agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT

It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work and will perform the work agreed to be done under this agreement utilizing a specialist standard of care and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, ,and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of consultant from said obligation.

SECTION 15 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deeded to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement of any applicable law or ordinance.

SECTION 16 - COSTS AND ATTORNEYS FEES

Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the agreement. The above $5000 limit is the total of attorneys' fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither party shall have to pay the other more than $5000 for attorneys' fees arising out of an action, or actions to enforce the provisions of this agreement.

SECTION 17 - NON-DISCRIMINATION

CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 18 – MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 19 - ARBITRATION

After mediation above, and upon agreement of the parties, any dispute or claim arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties.

SECTION 20 - LITIGATION

CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT'S services under this agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony.

SECTION 21 – NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: City of Brentwood
150 City Park Way
Brentwood, CA 94513

To CONSULTANT: Francisco & Associates, Inc.
130 Market Place, Suite 160
San Ramon, CA 94583

SECTION 22 – AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 23 - GOVERNING LAW

This agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first above written.


CITY OF BRENTWOOD FRANCISCO & ASSOCIATES, INC.


John Stevenson, City Manager Joseph A. Francisco, P.E.


APPROVED AS TO FORM:


Dennis Beougher, City Attorney

January 2, 2002

Pamela Ehler
Finance Director
City of Brentwood
150 City Park Way
Brentwood, CA 94513


Subject: Proposal to Provide Assessment Engineering Services for the Landscaping & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1

Dear Pamela:

Francisco & Associates, Inc. is pleased to present this proposal to administer the Landscaping & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for FY 2002-03. The services listed below will ensure that all new subdivisions will be annexed into Landscaping & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for FY 2002-03. In addition in accordance with Proposition 218 we will coordinate the noticing and balloting of all new and increased assessments.

BASIC ANNUAL ADMINISTRATIVE SERVICES

PREPARATION OF THE ENGINEER'S REPORTS AND LEVYING OF ASSESSMENTS

Francisco & Associates, Inc. will prepare the Engineer’s Reports for the Landscaping & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for FY 2002-03. Each Report will include; description of improvements, the annual budget, the benefit spread methodology, assessment district diagram and a listing of individual assessments for each parcel within the assessment district. The services listed below will ensure that all tasks required under the Landscaping and Lighting Act of 1972 and Proposition 218 will be addressed. The specific tasks to complete the Engineer’s Reports and levying assessments are as follows:



Task 1 - Project Kickoff Meeting
Meet with City staff to review scope of work, project schedule and any changes to the proposed assessment districts from the previous year. Identify if there were any annexations or de-annexations to the assessment districts which may affect revenues. Identify if there have been any changes in the quantity and type of improvements that the City is maintaining for the ensuing year. 

Task 2 - Collect Available Data
Collect available data from the County Assessor’s office and from City staff that is pertinent to the annual administration of the assessment districts. The ensuing year’s data would include the secured closed property tax roll from the County and the proposed budgets and annexation/de-annexation information from City staff.

Task 3 - Prepare Assessment Diagrams
Prepare the Assessment Diagrams to include parcels within the boundaries of the assessment district. This includes all parcels that have either annexed or de-annexed into the assessment districts from the prior year. Provide the City with 11” x 17” copies for their internal use. 

Task 4 ﷓ Draft Preliminary Engineer's Reports

Based upon the information received at the project kick-off meeting and other team meetings, prepare the Draft Preliminary Engineer’s Reports. The Draft Preliminary Engineer’s Reports will include a description of improvements, the ensuing years maintenance budget, the benefit-spread methodology, Assessment District Diagrams and a listing of individual assessments for the ensuing year. In accordance with Proposition 218, the Engineer’s Reports will be prepared and signed by a Registered Professional Engineer. 

Task 5 – Submit the Draft Preliminary Engineer's Reports to the City Staff

Submit the Draft Preliminary Engineer’s Reports to City staff for review and comment.

Task 6 – Preliminary Engineer's Reports
Based upon the comments received from the City staff on the Draft Preliminary Engineer’s Reports, prepare the Final Preliminary Engineer’s Reports and submit to the City staff for City Council approval.


Task 7 – Adoption of the Resolution of Intention and Approval of the Preliminary Engineer’s Reports

Attend the City Council meeting regarding the adoption of the Resolution of Intention and approval of the Preliminary Engineer’s Reports. If requested, present Preliminary Engineer’s Reports and answer any questions.

Task 8 – Final Engineer's Reports
Based upon the comments received from the City staff and City Council Members at the Council meeting referenced in Task 7 above, prepare the Final Engineer’s Reports and submit to the City for Council approval.

Task 9 ﷓ Public Hearing

Attend the Public Hearing regarding the approval of the Final Engineer’s Reports and adoption of the Resolution Authorizing the Levy of Assessments. If requested, present the Final Engineer’s Reports and answer any questions.

Task 10 ﷓ Filing of Engineer’s Reports, Assessment Diagrams and Resolutions Authorizing the Levy of Assessments
In accordance with the County’s annual submittal requirements, file the Engineer’s Reports, Assessment Diagrams and Resolutions Authorizing the Levy of Assessments with the County Auditor’s office.

Task 11 – Auditor’s Report
Francisco & Associates will prepare the annual Auditor's Reports in County approved electronic format. If there are any rejected parcels resulting from the first submittal we will research them and resubmit to the County to ensure that the City receives all of the assessment revenue they are entitled to.

Task 12 ﷓ Property Owner Assistance
Francisco & Associates will provide property owner assistance, which will involve researching property owner questions, providing written responses to their questions, if necessary, and coordinating any changes with the County Auditor’s office.

ANNEXATION SERVICES

The proposed scope of work will ensure that the City has completed the necessary tasks to develop the annual assessment district budgets for any new developments within the City. In addition the tasks will include development of a Letter of Understanding between the Developer/Property Owner and the City indicating what their total annual budget will be including the maximum annual assessments that can be levied within their development to pay for the maintenance of their facilities. The tasks needed to complete this process are as follows:

Task No. 1 – Project Team Meetings

Meet with key City staff members who will be responsible for the annexation process periodically to determine if any new developments within the City that are coming on line will be required to annex into an existing Landscape & Lighting Assessment District or form a new one. For each new applicable development discuss the projected timeline for developing the annual maintenance budgets, annual assessment rates and letters of understanding.

Task No. 2 – Develop Improvement Inventory Listing
With assistance from the Parks Department and the Public Works Department, conduct an inventory for each improvement type within each proposed development (e.g. 50 – 100 watt street lights, 1.5 acres of lawn, 60 - 15 gallon trees, 2,500 sq. ft. of bushes, playground set, etc.). 

Task No. 3 – Determine Maximum Annual Budget

With assistance from the Parks Department and the Public Works Department, determine the maximum annual operational and maintenance budget for each improvement type within the proposed development. The budget will take into account that the City operates and maintains the improvements on a fiscal year basis (July 1 through June 30) and the City does not receive it’s assessment revenue from the County until January and May of that same fiscal year. Therefore, the City will need to collect approximately 6 months worth of operating reserves to cover the cash flow shortfall during this period (July 1 through January 1). In addition, the budget will include a capital replacement fund to replace capital facilities that either get vandalized or reach their life expectancy. The capital replacement fund should be equal to 20% of the proposed capital improvement costs. 

Task No. 4 – Determine Development Operation & Maintenance Timeline

With assistance from the Engineering Department, determine the timeline for when the improvements will become the operation and maintenance responsibility of the City. This step is important because it determines if the City should charge the development for only a partial years worth of operation and maintenance costs or a whole years worth. If the improvements do not come on line until 6 months into the fiscal year the City may want to reduce the first years assessment by 50%.

Task No. 5 – Determine the Number and Types of Development

With assistance from the Engineering Department, determine the number and types of development. For example, the number of single-family homes, townhomes, condominiums, apartments, and square footage of commercial, industrial, etc. within each new development.

Task No. 6 – Development of the Benefit Spread Methodology

Develop a benefit-spread methodology that fairly distributes the costs for operating and maintaining the proposed improvements to the benefiting parcels within the boundaries of the development. If the development is composed of all single family parcels and the improvements benefit all parcels similarly then the costs can be spread evenly on a per parcel basis. If certain improvements only benefit a select group of parcels then the costs associated with those certain improvements may only be assessed to that select group of parcels. 

Task No. 7 – Determine if the Development Should Annex into an Existing Assessment District

Determine if the proposed development should form a new Landscape & Lighting Assessment District or annex into an existing Landscape & Lighting Assessment District. If the proposed development is located adjacent to an existing Landscaping & Lighting Assessment District and the proposed improvements and assessment rates are similar, then the proposed development should be annexed into the adjacent Landscaping & Lighting Assessment District. Otherwise, a new Landscaping & Lighting Assessment District should be formed.

Task No. 8 – Develop Developer/Property Owner Letter of Understanding

Develop a Letter of Understanding for the Developer/Property Owner indicating the maximum annual budget for the proposed development and the proposed maximum annual assessment rates. The assessment rates will include a provision that they can be increased annually based on the prior years increase in the Consumer Price Index (CPI). In addition, the letter of understanding will inform the Developer/Property Owner that they will be receiving a notice and ballot in the mail around May or June and that they will be required to return the ballot to the City prior to the close of the Public Hearing which either annexes them into an existing Landscaping & Lighting Assessment District or creates a new Landscaping & Lighting Assessment District. 

If the proposed development has park improvements being constructed, the maximum annual budget and the maximum assessment rates will be shown two different ways. The first set of budgets and assessment rates will be shown with the park costs included and the second set of budgets will be shown with the park costs excluded. This is because the City has an existing Citywide Park Maintenance District No. 98-1, which pays for all park improvements throughout the City. However, if the Citywide Park Maintenance District No. 98-1 is ever voted down and dissolved, each development will be responsible and required to pay for the park costs associated with their development. Therefore, it is important to show that the maximum assessments that can be levied in any given year include the park costs.

The Engineering Department will ensure that the letter of understanding has been signed by the Developer/Property Owner prior to the issuance of a permit or final approval of the map. 

PROJECT SCHEDULE

Based upon discussions at the project kickoff meeting we will develop a project schedule that is suitable to the City staff. Once the City staff has established the ensuing years budget we can prepare the Engineer’s Reports and start the annual assessment process. We are required to submit the assessments to the County no later than August 10 of each year. 
Project Kick-off Meeting January

Prepare Preliminary Engineer’s Report January

Council Approves Preliminary Engineer’s Report February

Mail Property Owner Ballots February

Council Approves Final Engineer’s Report April

Council Conducts Public Hearing April

Submit Auditor’s Report to County August 

Property Owner Assistance August through December

FEE SCHEDULE

The following is our proposed fee schedule for the annual administration of the Landscaping & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for FY 2002-03.

Landscaping & Lighting Assessment Districts $30,000/yr.
Citywide Park Maintenance District No. 98-1 $20,000/yr.

Annexation services for each new development will be billed at the following rate schedules shown below:

Francisco & Associates, Inc. would bill the City on a time and materials basis at the hourly rates shown below with a not to exceed limits shown above for the basic administrative and annexation services.

Principal Engineer $130/hr.
Project Manager $110/hr.
Senior Financial Analyst $80/hr.
Financial Analyst $65/hr.
CAD Drafter $50/hr.
Word Processing $40/hr.

Reimbursable expenses such as duplication, County Assessor maps and data will be billed at cost plus 15%. Mileage will be billed at $0.36/mile.


If you have any questions, or comments regarding our scope, fee or timeline, please call myself or Jennifer at (925) 867-3400.

Sincerely,
Francisco & Associates, Inc.


Joseph A. Francisco, P.E.
Principal

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