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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: February 12, 2008

Subject/Title: Consideration of various actions pertaining to existing Landscape and Lighting Assessment Districts for Fiscal Year 2008/09, including; annexation of territory; designation of the Engineer of Work; and approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Francisco & Associates, Inc., in an amount not to exceed $145,000, plus a 10% contingency of $14,500, for a total amount of $159,500, for Assessment Engineering Services.

Prepared by: Debra Galey, Management Analyst

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
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 Fiscal Year (“FY”) 2008/09; proposing the annexation of CUP No. 06-37 to Landscape and Lighting Assessment District (”LLD”) No. 99-8, annexation of Subdivision No. 8506 (residential), MS No. 353-06 and MS No. 357-06 to LLD No. 02-3, and annexation of Subdivision No. 8506 (commercial) to LLD No. 02-11; ordering the engineer of work to prepare and file the Annexation Engineer’s Report for FY 2008/09; approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Francisco & Associates, Inc. for Assessment Engineering Services in the amount of $145,000, plus a 10% contingency of $14,500, for a total amount of $159,500.

Adopt a Resolution declaring the intention to order the annexation of CUP No. 06-37 to Landscape and Lighting Assessment District (”LLD”) No. 99-8, annexation of Subdivision No. 8506 (residential), MS No. 353-06 and MS No. 357-06 to LLD No. 02-3, and annexation of Subdivision No. 8506 (commercial) to LLD No. 02-11; declaring the intention to levy and collect assessments; and setting the date of April 22, 2008, at 7:00 PM for the Public Hearing in accordance with provisions of the Streets and Highways Code “Landscape and Lighting Act of 1972” and Proposition 218.

PREVIOUS ACTION
Actions were taken in previous years to form the City’s 50 existing Landscape and Lighting Assessment Districts and Citywide Park Maintenance District. Engineer’s Reports setting the annual assessment rates have been approved each year by the City Council prior to finalizing the tax roll with Contra Costa County and levying assessments.

BACKGROUND
The Landscaping and Lighting Act of 1972 (“Act”) requires that an annual review and updated Engineer’s Report be prepared to set assessment rates each fiscal year. The Act also requires an Engineer’s Report to be generated for the formation of any new assessment districts or annexation of property, due to new development, into existing assessment districts.

To meet these requirements, it is proposed that the consultant will prepare two Engineer’s Reports for FY 2008/09, 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 & Lighting Assessment Districts and Citywide Park Maintenance 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. Landscape 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.

As required by the Act, the Annexation Engineer’s Report attached to this staff report identifies public improvements to be maintained, as well as a maximum annual assessment rate to be levied on properties benefiting from these improvements. These assessment rates may or may not change each fiscal year, dependent on the maintenance budget, but cannot exceed the maximum annual assessment amount set when the assessment districts were originally formed, plus an annual cost of living adjustment. This report will annex additional development projects into existing districts that were formed with previous Council actions.

Annexations into Existing Districts:
No. 99-8 Gerry Property Conditional Use Permit No. 06-37, 1 SFR Lot

No. 02-3 Apricot Way Minor Subdivision No. 353-06, 4 SFR Lots
Minor Subdivision No. 357-06, 2 SFR Lots
Subdivision No. 8506 (residential), 166 SFR Lots

No. 02-11 Lone Tree Plaza Subdivision No. 8506 (commercial)

District No. 02-11 includes non-residential development. The maximum assessment rates for non-residential development have been calculated to include costs for all street lighting and landscaping improvements within the City’s right-of-way that was required to be installed for that development and benefit the property. In most cases, the City will be responsible for maintaining the roadway medians and streetlights only, the remainder of the improvements (frontage landscaping) will be the responsibility of the property owner through a License Agreement with the City. If the property owner fails to maintain the remainder of the improvements to City standards, then the City may assume maintenance responsibility; therefore, the maximum assessment rate will not be assessed unless the City has assumed complete maintenance responsibility.

The Landscaping and Lighting Act of 1972 and Proposition 218 require all new districts and annexations receive voter approval, by property owner, prior to final approval from City Council. The adoption of this Resolution will trigger the mailing of notices and ballots to the property owners. In order for the ballots to be counted they must be returned to the City Clerk prior to the close of the public input portion of the Public Hearing, which will be held on April 22, 2008. At the close of the public input portion of the Public Hearing, the ballots will be tabulated and the City Clerk will determine if a majority approval exists to annex the properties into the existing assessment districts.

FISCAL IMPACT
It is anticipated that the City could collect a maximum of $420,000 on an annual basis from the annexations referenced in the Annexation Engineer’s Report for Fiscal Year 2008/09. This assessment revenue is to cover anticipated maintenance, utility and administration expenses associated with public improvements constructed by and benefiting these new developments.

To ensure the Landscape and Lighting 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 each annexed Landscape and Lighting District are deposited with the City by the developer.

Attachments:
 Resolution of Initiation
 Resolution of Intention for the annexation of territory
 Professional Services Agreement
 Preliminary Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts Annexation Fiscal Year 2008/09, dated February 12, 2008.



RESOLUTION NO.


A RESOLUTION OF INITIATION 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 FISCAL YEAR 2008/09; PROPOSING THE ANNEXATION OF CUP NO. 06-37 TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 99-8, ANNEXATION OF SUBDIVISION NO. 8506 (RESIDENTIAL), MS NO. 353-06 AND MS NO. 357-06 TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 02-3, AND ANNEXATION OF SUBDIVISION NO. 8506 (COMMERCIAL) TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 02-11; AND ORDERING THE ENGINEER OF WORK TO PREPARE AND FILE THE ANNEXATION ENGINEER’S REPORT FOR THE 2008/09 FISCAL YEAR; AND APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FRANCISCO & ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES IN THE AMOUNT OF $145,000, PLUS A 10% CONTINGENCY OF $14,500, FOR A TOTAL AMOUNT OF $159,500.

WHEREAS, Section 22622 of the California Streets and Highways Code requires the City Council to adopt a resolution of initiation generally describing any proposed new improvements or any substantial changes in existing improvements to be included for the determination of annual assessments levied for any existing 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; and

WHEREAS, Section 22585 of the California Streets and Highways Code requires the City Council to adopt a resolution of initiation for the formation of a Landscape and Lighting Assessment District and further requires that the City Council order the preparation of an Engineer’s Report prior to initiating proceedings, to determine the annual levy of assessments for any such district; and

WHEREAS, Section 22605 of the California Streets and Highways Code authorizes the City Council to propose annexation of territory to existing assessment districts, concurrently with and through the same procedures as the formation of new assessment districts.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that:
1. 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 within public areas.

2. The City Council of the City of Brentwood hereby proposes the annexation of CUP No. 06-37 to Landscape and Lighting Assessment District No. 99-8 Gerry Property, annexation of Subdivision No. 8506 (residential), MS No. 353-06 and MS No. 357-06 to Landscape and Lighting Assessment District No. 02-3 Apricot Way, and annexation of Subdivision No. 8506 (commercial) to Landscape and Lighting Assessment District No. 02-11 Lone Tree Plaza.

3. Francisco & Associates, Inc., is the firm designated by this City 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 2008/09, and is hereby directed to file Engineer’s Reports in accordance with the provisions of the Landscaping and Lighting Act of 1972.

4. A Professional Services Agreement with Francisco & Associates, Inc. in the amount of $145,000, plus a 10% contingency of $14,500, for a total amount of $159,500, for Assessment Engineering Services is hereby approved and the City Manager or designee is authorized to execute same.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of February 2008 by the following vote:


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE INTENTION TO ORDER THE ANNEXATION OF CUP NO. 06-37 TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 99-8, ANNEXATION OF SUBDIVISION NO. 8506 (RESIDENTIAL), MS NO. 353-06 AND MS NO. 357-06 TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 02-3, AND ANNEXATION OF SUBDIVISION NO. 8506 (COMMERCIAL) TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 02-11 ; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING THE DATE OF APRIL 22, 2008, AT 7:00 P.M. FOR THE PUBLIC HEARING IN ACCORDANCE WITH PROVISIONS OF THE STREETS AND HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972” AND PROPOSITION 218.


WHEREAS, the City Council of the City of Brentwood, by approval of Resolution of Initiation 2008-____, has proposed the annexation of territory to existing District Nos. 99-8 Gerry Property, 02-3 Apricot Way, and 02-11 Lone Tree Plaza; and

WHEREAS, the Engineer of work has filed an Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Annexation Fiscal Year 2008/09 with the City Clerk, in accordance with provisions of the Landscaping and Lighting Act of 1972; and

WHEREAS, Section 22587 of the Streets and Highways Code requires the City Council to declare the intention to order the annexation of territory to existing assessment districts and declare the intention to levy and collect assessments.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that:

1. The City Council of the City of Brentwood hereby declares the intention to order the annexation of CUP No. 06-37 to Landscape and Lighting Assessment District No. 99-8 Gerry Property, annexation of Subdivision No. 8506 (residential), MS No. 353-06 and MS No. 357-06 to Landscape and Lighting Assessment District No. 02-3 Apricot Way, and annexation of Subdivision No. 8506 (commercial) to Landscape and Lighting Assessment District No. 02-11 Lone Tree Plaza and declares the intention to levy and collect assessments in said assessment districts.

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 public areas as referenced in the Annexation Engineer’s Report for Fiscal Year 2008/09 on file with the City Clerk. All interested persons are referred to the Engineer’s Report for a full and detailed description of the improvements, the boundaries of the various assessment districts and the proposed assessments upon assessable lots and parcels of land within the assessment districts.

3. On April 22, 2008, at 7:00 p.m., City Council will conduct a Public Hearing on the question of the annexation of territory to assessment districts and the levy of annual assessments for each of the assessment districts. The meeting and hearing will be held at the City Council Chambers, 734 Third Street, Brentwood, California.

4. The City Clerk is authorized and directed to give the notice of public hearing required by the Landscaping and Lighting Act of 1972.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of February 2008 by the following vote:
 
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