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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: March 28, 2006

Subject/Title: Adopt a Resolution of Initiation 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 2006/07 Fiscal Year; and approving and authorizing the City Manager to execute a Professional Services Agreement with Francisco & Associates, Inc. in an amount not to exceed $245,000 for Assessment Engineering Services.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution designating Francisco & Associates, Inc. as the Engineer of Work, directing the filing of an Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 and updating the Landscape & Lighting Facilities Audit for the 2006/2007 Fiscal Year; and approving and authorizing the City Manager to execute a Professional Services Agreement with Francisco & Associates, Inc. in an amount not to exceed $245,000 for Assessment Engineering Services.
PREVIOUS ACTION
Actions were taken in prior years to form the City’s existing 46 Landscape & Lighting Assessment Districts (LLAD’s) and Citywide Park Maintenance District. Engineer’s Reports setting annual assessment rates have been approved each year by the City Council prior to finalizing the tax roll with the County and levying assessments.
BACKGROUND
The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer’s Report be prepared to set assessment rates each fiscal year. The assessments may or may not change each fiscal year (dependent upon the annual maintenance and operational expenditures), but cannot exceed the maximum annual assessment amount set when the districts were originally formed, plus an annual cost of living adjustment. In addition, any new assessment districts to be formed or any annexations to existing assessment districts due to new development, also require an Engineer’s Report to be generated.

Proposition No. 218 requires noticing and balloting of any new assessments, or if any increase over the previously approved maximum rate is being proposed. New residential and commercial development projects 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 per the City’s Standard Conditions of Approval. 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 consultant will also update the audit of the facilities and expenses associated with the Landscape & Lighting Districts due to increased areas of public landscaping from residential and commercial development projects that have been accepted for City maintenance.

The Professional Services Agreement covers the above listed services for the Consolidated Landscape and Lighting and Citywide Park District work; and the agreement also covers additional Assessment Engineering Services. The full scope of work provided by the Consultant and covered in the agreement includes:

1. Preparation of the Consolidated Landscape & Lighting Assessment Districts Engineer’s Report;
2. Preparation of the Citywide Park Maintenance District No. 98-1 Engineer’s Report;
3. Preparation and filing of Consolidated Landscape & Lighting District and Citywide Park District assessments with the Contra Costa County Auditor;
4. Update of the ongoing Landscape & Lighting Facilities Audit;
5. Lighting and Lighting District formation and/or annexation proceedings of new development projects, including noticing and balloting of property owners;
6. Preparation and filing of Community Facilities District special tax levies with the Contra Costa County Auditor;
7. Community Facilities District formation and/or annexation proceedings of new development projects, including noticing and balloting of property owners;
8. Preparation and filing of the Water/Sewer Standby Charge with the Contra Costa County Auditor;
9. Assessment Reapportionment Services;
10. Assistance with the formation of a Geological Hazard Abatement District.
FISCAL IMPACT
To ensure the Landscape & Lighting Districts and Community Facilities Districts are self-supporting, each existing district has had an administrative cost factored into the assessment rate during formation, to cover creation of annual Engineer’s Reports and levying of assessments. Funds to cover the costs associated with formation of each new/annexed Landscape & Lighting District, Community Facilities District and Geological Hazard Abatement District are deposited with the City by the developer.

Attachments:
Resolution
Professional Services 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 AND UPDATING THE LANDSCAPE & LIGHTING FACILITIES AUDIT FOR THE 2006/2007 FISCAL YEAR; AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FRANCISCO & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $245,000 FOR ASSESSMENT ENGINEERING SERVICES.

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 for the determination of annual assessments 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 set the annual levy of assessments for any such district.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that:
1. Francisco & Associates, Inc., is the firm designated by this Council as the Engineer of Work for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2006/2007, and is hereby directed to file Engineer’s Reports in accordance with the provisions of the Landscaping and Lighting Act of 1972; and
2. The improvements to be made in these assessment districts are generally described as the operation, maintenance and servicing of parks, landscaping, irrigation, lighting and associated facilities located in and along arterial and collector streets and within other public areas as referenced in the Consolidated Landscape & Lighting Assessment District Engineer’s Report and Citywide Maintenance District No. 98-1 Engineer’s Report for Fiscal Year 2006/2007; and
3. A Professional Services Agreement with Francisco & Associates, Inc. in an amount not to exceed $245,000 for Landscape & Lighting District, Citywide Park Maintenance District, Water & Sewer Standby charge, Community Facilities District, Assessment Reapportionment, and Geologic Hazard Abatement District Services, is hereby approved and the City Manager authorized to execute same.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of March 2006 by the following vote:

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