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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: June 13, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute License Agreements, as necessary, for landscape maintenance of City right-of-way by private non-residential property owners, upon acceptance of public improvements.

Prepared by: Public Works: D. Galey

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute License Agreements, as necessary, for landscape maintenance of City right-of-way by private non-residential property owners, upon acceptance of public improvements.
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.

On May 9, 2006, by Resolution No. 2006-92, City Council approved and authorized the City Manager to execute a License Agreement for landscape maintenance of City right-of-way by private non-residential property owners in Landscape and Lighting District No. 02-12, Sunset Industrial Complex.
BACKGROUND
The City’s Landscape and Lighting Districts (LLD) are formed as a funding mechanism for maintenance of public area landscaping and street lighting. Every new development, residential and commercial per their Conditions of Approval, are required to participate within an LLD to contribute to on-going maintenance funding for public landscape and lighting improvements constructed as a part of new development projects. Non-residential developers have expressed an interest in maintaining the landscape frontage improvements located within the City right-of-way. They would prefer to maintain themselves, rather then having the City maintain these improvements and assess the cost to the benefiting properties through the LLD on the annual property tax bill. These property owners feel they are able to maintain the landscaping at a higher level of service and lower cost than the City is able to do through public contracting requirements. Non-residential property owners would also like the ability to provide for enhanced landscaping, entry statements, seasonal color, etc., located behind the curb out of traffic areas, which can benefit their properties and businesses, and is not within the maintenance standard typically provided by the City.

In response to these non-residential property owners and businesses, staff has drafted a License Agreement allowing the property owners to enter and maintain the landscaping within the City right-of-way fronting their properties. The agreement identifies maintenance responsibility, minimum maintenance standards, indemnification requirements for entering City right-of-way and resulting Landscaping and Lighting District assessments for areas continuing to be maintained by the City (i.e. median landscaping and street lighting). The agreement also specifies resumption of maintenance by the City and LLD assessments to be levied, should maintenance standards not be met. Staff proposes to utilize this License Agreement with non-residential property owners choosing to maintain their frontage landscaping. Upon approval, this License Agreement would be executed between the City and the property owners as the improvements, including right-of-way landscaping, is accepted as complete per a particular project’s conditions of approval.

FISCAL IMPACT
Maintenance of public right-of-way landscaping by private property owners results in decreased maintenance cost by the City. The Landscaping and Lighting District’s maximum annual assessment, identified at district formation, will be set to include the cost of frontage maintenance should the property owner not maintain to City standards or choose to have the City maintain these improvements.

Attachments:
Resolution
Form of License Agreement
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE AGREEMENTS, AS NECESSARY, FOR LANDSCAPE MAINTENANCE OF CITY RIGHT-OF-WAY BY PRIVATE NON-RESIDENTIAL PROPERTY OWNERS, UPON ACCEPTANCE OF PUBLIC IMPROVEMENTS.

WHEREAS, Section 22500-22679 of the California Streets and Highways Code, known as the Landscape and Lighting Act of 1972, authorizes local agencies to form Assessment Districts for the levy and collection of landscape maintenance funding from benefiting properties; and

WHEREAS, the City Council of the City of Brentwood has formed 46 Landscape and Lighting Assessment Districts through prior actions for the funding of landscape improvements constructed by new development projects; and

WHEREAS, on May 9, 2006, by Resolution No. 2006-92, City Council approved and authorized the City Manager to execute a License Agreement for landscape maintenance of City right-of-way by private non-residential property owners in Landscape and Lighting District No. 02-12, Sunset Industrial Complex; and

WHEREAS, private non-residential property owners have requested the City allow them to maintain landscape maintenance in the public right-of-way.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that:
1. A Form License Agreement for landscape maintenance of City right-of-way by non-residential property owners, a copy of which is attached hereto as Exhibit “A”, is hereby approved.

2. The License Agreement identifies maintenance responsibility, minimum maintenance standards, indemnification requirements for entering City right-of-way and resulting Landscaping and Lighting District assessments.

3. The City Manager is authorized to execute specific license agreements in substantially the same form as that attached hereto as Exhibit “A”, as non-residential projects are accepted as complete per the project’s conditions of approval.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of June 2006 by the following vote:
 

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