Brentwood City Council
July 23, 2024

JULY 23, 2024, 7:00 PM

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may provide remote public comment during public hearings and on business items via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. In addition, the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. If Zoom participation is not enabled, the meeting will continue with public attendance in person only. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)

3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].

Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council via email before the meeting,

2. posted online for public inspection at www.brentwoodca.gov/meetings and

3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.

4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037

July 23, 2024, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. REPORT ON CLOSED SESSION
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.

During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.

Zoom participation during this general public comment period will not be accepted.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.

F. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

F.1 Minutes of the City Council/Successor Agency meeting of June 25, 2024 F.2 Minutes of the Special City Council meeting of June 25, 2024 F.3 A Proclamation Recognizing Ace Hardware's 100th Anniversary F.4 A Proclamation Proclaiming August 2024, as Back to School Month F.5 Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane).

Title/Recommendation
Adopt a resolution initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane); declaring the intention to levy and collect assessments; and setting the date of September 10, 2024 at 7:00 p.m. or at such time thereafter that the matter can be heard for the Public Hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.

F.6 Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside)
Title/Recommendation
Adopt a resolution initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside); declaring the intention to levy and collect assessments; and setting the date of September 10, 2024, at 7:00 p.m. or at such time thereafter that the matter can be heard for the Public Hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.

F.7 Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates)
Title/Recommendation
Adopt a resolution initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates); declaring the intention to levy and collect assessments; and setting the date of September 10, 2024, at 7:00 p.m. or at such time thereafter that the matter can be heard for the Public Hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.

F.8 Purchase and Sale Agreement with Houser/Maggiora for utility easements to service the Innovation Center @ Brentwood.

Title/Recommendation
Adopt a resolution approving and authorizing the City Manager, or designee, in coordination with the City Attorney, to execute an Agreement for Purchase and Sale of Easements, in substantial conformance with the attached agreement, with Melrina A.

Houser, as Trustee of the Houser Family Survivor’s Trust, as to an Undivided 37.5% Interest; William P. Maggiora and Joyce K. Yano-Maggiora, Husband and Wife, as Joint Tenants, as to an Undivided 37.5% Interest; and Debra R. Maggiora, a married woman as her sole and separate property as to an Undivided 25% Interest, for a portion of APNs 019-081-009 and 019-081-020, to acquire utility easements necessary for CIP Project No. 336-31695 Innovation Center @ Brentwood Infrastructure (“Project”) for $84,500, and authorizing execution of other documents as necessary to complete the right-of-way transaction.

Necessary CEQA findings will be made upon construction plan design and prior to construction.

G. PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

G.1 An application for a Vesting Tentative Subdivision Map, Design Review, Density Bonus request, and request for associated waivers including the City’s General Plan Density Transition Policy.

Title/Recommendation
Adopt three separate resolutions: (1) approving a Mitigated Negative Declaration (SCH# 20240501112) and Mitigation Monitoring and Reporting Program and Errata Sheet; (2) approving the Vesting Tentative Subdivision Map No. 9649 (VTSM 9649) for the subdivision of 9.6-acres in 34 single-family residential lots; and (3) approving Design Review No 23-012 (DR 23-012) for the Orchard Grove project, as conditioned.

The project includes a Vesting Tentative Subdivision Map (VTSM 9649) for the subdivision of 9.6-acres into 34 parcels (including 30 single-family detached homes and four affordable duets), one on-site bioretention parcel, and a designated 0.4-acre remainder parcel. The project also includes a density bonus application to allow for a 17.2% increase in density (3.54 units per acre) pursuant to the State Density Bonus Law (SDBL) and waivers including the General Plan density transition policy, as well as a design review application (DR 23-012) for the homes to be constructed on the 34 lots. The project is located at 1901 Lone Oak Road, just south of Grant Street and directly east of Adams Lane (APN 016-040-004).

The City prepared a mitigated negative declaration and Errata Sheet for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures are included by reference as conditions of approval.

H. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.

H.1 Amendment No. 1 to the Agreement for Artist Services with Douwe Blumberg for the “Fields of Time” Public Art Spaces, CIP#337-37244
Title/Recommendation
Staff is recommending the City Council 1) provide direction to City Staff on updating the “Fields of Time” (“FOT”) monument figures; 2) adopt a resolution approving and authorizing the City Manager or designee to execute an amendment to the agreement with Douwe Blumberg for the FOT; and 3) amend the FY 2024/25 – 2028/29 Capital Improvement Program for the Public Art Spaces Capital Improvement Program (CIP) #337-37244 (“Project” or “Public Art Spaces Project”).

H.2 Report on Economic Development and Innovation Center Efforts from 2022-2024 Title/Recommendation
Receive update from staff regarding development of the Innovation Center and the City’s Economic Development efforts.

H.3 Planning Commission request for the City Council to consider increasing the notification radius for public hearing items from 300 feet to 1,000 feet Title/Recommendation
Provide staff direction regarding whether to proceed with amending the Brentwood Municipal Code to increase the notification radius for public hearing items.

H.4 Planning Commission request to study open space protection issues following the passage of Measure Q
Title/Recommendation
Provide staff direction regarding whether to proceed with studying amendments to the Brentwood Municipal Code, Right to Farm Ordinance, and Conservation and Open Space Element to provide additional open space protection following the passage of Measure Q.

H.5 Planning Commission request to study traffic and safety concerns in the vicinity of Grant Street, Adams Lane, Caper Drive, and Lone Oak Road
Title/Recommendation
Provide staff direction regarding whether to study traffic and safety concerns in the vicinity of Grant Street, Adams Lane, Caper Drive, and Lone Oak Road, including the scope and content of what should be studied.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 A Request from Vice Mayor Meyer and Council Member Mendoza to discuss requiring that media outlets used by the City be held to the Society of Professional Journalists Code of Ethics
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer and Council Member Mendoza to discuss requiring media outlets with which the City spends money on advertising, or that distribute City press releases, be held to the Society of Professional Journalists Code of Ethics and that those organizations state publically that they follow those guidelines.

J.2 A Request from Council Member Pierson to change the Age and Disabilities Friendly Communities Committee, and the Diversity, Equity, Belonging and Inclusion Committee, from ad-hoc to standing committees.

Title/Recommendation
That the City Council consider a request from Council Member Pierson to change the Age and Disabilities Friendly Communities Committee, and the Diversity, Equity, Belonging and Inclusion Committee, from ad-hoc to standing committees, and thus subject to the Ralph M. Brown Act.

K. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.

Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.

The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On July 18, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
June 25, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:09 p.m.

Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

C. REPORT ON CLOSED SESSION
Mayor Bryant stated there was no reportable action.

D. PUBLIC COMMENTS
Mayor Bryant opened Public Comments.

Brayden Haena provided comments on Heritage High School football.

Laura Avila provided comments and compliments related to the Juneteenth event.

Chris Palomo, Nor Cal Carpenters Union, spoke about implementing prequalification language in City contracts.

Ian Cohen provided comments on Heritage High School Future Business Leaders of America's recent regional and state competition success and upcoming national competition in Orlando.

Daniel Hawn spoke on behalf of a City of Brentwood employee regarding succession planning, employee retention, and the class and compensation study.

Adam Bousiakis provided comments regarding traffic concerns and landscaping improvements at the Balfour exit and the medians near John Muir and Vic Stewarts.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Pierson reported on attendance at a meeting with Dan Keen, Land Use and Development (LUD) meeting, Juneteenth planning meeting, the Juneteenth event, and individually named and thanked the many staff

2 members who took part in the planning and implementation of the Juneteenth event.

Council Member Oerlemans reported on attendance at the Juneteenth event and thanked City staff for their great efforts.

Vice Mayor Meyer reported on attendance at the Brentwood Veterans Memorial Building Luau, a meeting with Ben Winkleblack, the newly appointed Contra Costa County Animal Services Director, the Juneteenth event, and a meeting with a group of Brentwood moms with adult children with disabilities in search of resources.

Council Member Mendoza reported on attendance at the Juneteenth event, LUD meeting, a meeting with Dan Keen, Cal Cities Housing Committee meeting, Town Hall with Tim, Miles for Mayo Walk, Soroptimist International of the Delta's Annual Uncorked "Wine, Dine & Dance the Night Away" fundraiser, Lions Club installation event, the Brentwood Veterans Memorial Building Luau, and a Cal Cities Legislative forum.

Mayor Bryant reported on attendance at an East Contra Costa County Habitat Conservancy Governing Board meeting, the Juneteenth event, and the Delta Theater reopening.

F. CONSENT CALENDAR
Mayor Bryant pulled Item F.3 to be considered separately from the Consent Calendar.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff, excluding item F.3.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.1 Minutes of the City Council/Successor Agency meeting of June 11, 2024
F.2 Minutes of the Special City Council meeting of June 11, 2024 F.3 A Proclamation Proclaiming July as Parks and Recreation Month Mayor Bryant presented the proclamation to the Parks and Recreation Department.

Moved by: Joel Bryant, Mayor
Seconded by: Jovita Mendoza, Council Member

3 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.4 Authorizing the Execution of Agreements and Necessary Documents, for Ongoing and/or Recurring Purchases with Specified Vendors for FY 2024/25
Adopted Resolution 2024-67 and Resolution 2024-03-SA approving and authorizing the City Manager or City Attorney and Executive Director or General Counsel, or designees, as appropriate, to execute certain Agreements, Amendments, Purchase Orders and/or Change Orders that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel, limited to legal services and personnel investigative services), for FY 2024/25, after approval as to form by the City Attorney or General Counsel.

F.5 Notice of Completion for Unlimited Environmental, Inc. for the Brentwood Boulevard Widening North – Phase I (Building Demolition) Adopted Resolution 2024-68 accepting the work performed by Unlimited Environmental, Inc. (“UEI”) for the Brentwood Boulevard Widening North – Phase I (Building Demolition), CIP Project No. 336- 31620 (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

F.6 GANN Limit
Adopted Resolution 2024-69 adopting the 2024/25 Proposition 4 (1979) Appropriations Limit, or GANN Limit, using the change in State per capita income factor of 3.62% as the cost-of-living factor and the change in the City population factor of 0.49% to calculate the Limit.

F.7 Annexation #16 to Community Facilities District No. 5 Adopted Resolution 2024-70 approving Annexation #16 Boundary Map for City of Brentwood (“City”) Community Facilities District (“CFD”) No.

5. Adopted Resolution 2024-71 declaring the intent to annex territory to Community Facilities District No. 5, levy a special tax in such territory and set a date of August 13, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the Public Hearing.

F.8 Amendments to the Brentwood Municipal Code to reflect changes in fire agencies names relating to fire emergencies
Waived second reading and adopted Ordinance 1075 authorizing the replacement of “East Contra Costa County Fire Protection District” and

4 other Districts with “Current fire services provider” from any applicable sections of the current municipal code.

These text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

G. PUBLIC HEARINGS
G.1 An application for a General Plan amendment (GPA 24-002) to amend the Safety Element as it relates to the recently certified Housing Element and Government Code section 65302(g)(3), in compliance with state law
Mayor Bryant opened the Public Hearing following a staff presentation by Jennifer Hagen, Senior Planner.

There being no one wishing to speak, it was moved/seconded by Pierson/Oerlemans to close the public comment and the motion carried unanimously.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-74 approving General Plan amendment (GPA 24-002) to amend the City’s Safety Element, in compliance with State law.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.2 Sidewalk Vending Permit Application Fee and Permit Fee and Administrative Fines for BMC Chapter 5.64, Sidewalk Vending Michelle Morey, Accounting Manager, presented the item.

Mayor Bryant opened the Public Hearing.

There being no one wishing to speak, it was moved/seconded by Mendoza/Meyer to close the Public Hearing and the motion carried unanimously.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-75 amending the FY 2023/24 Cost Allocation Plan and Schedule of City Fees to implement a new Sidewalk Vending

5 Permit Application Fee, Sidewalk Vending Permit Fee and Administrative Fines for sidewalk vending violations per Brentwood Municipal Code Section 5.64.130, Sidewalk Vending Violations – Penalties.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.3 2024/25 – 2025/26 Operating Budget Adoption
Christine Andrews, Assistant Director of Finance and Information Systems, presented the item.

Mayor Bryant opened the Public Hearing.

Heather Silfies read a letter, which was signed and submitted to the City Council by 124 City of Brentwood employees, requesting, as a good faith measure, the City Council delay consideration of additional General Fund expenditures until the negotiation process is complete.

Ian Cohen provided comments regarding employee wages and the cost of living.

There being no one else wishing to speak, it was moved/seconded by Mendoza/Pierson to close the Public Hearing and the motion carried unanimously.

Following the vote, the City Council recessed at 8:28 p.m. and reconvened at 8:38 p.m.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2024-73 1) amending the 2023/24 Operating Budget; 2) adopting the 2024/25 – 2025/26 Operating Budget; 3) amending the 2024/25 – 2028/29 Capital Improvement Program (CIP); 4) approving the addition of ten (10) new full-time positions to the City staff; 5) amending the 2023/24 Fund Balance Restrictions and Commitments in the General Fund; Fund, as detailed in Exhibit A, which is incorporated herein by reference, with the exception that the displayed General Plan Update Reserve be reduced by $1,200,000, as a good faith measure during labor negotiations, which amount shall not be subject to Council/Administrative Policy No. 10-5 (‘Budget and Fiscal Policies’), Section 7.1.1.1.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor

6 Motion Approved (5 to 0)
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2024-04-SA adopting the 2024/25 – 2025/26 Operating Budget for the former Brentwood Redevelopment Agency Funds.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 Name the Sand Creek Sports Complex, dedicate and name the championship field after Cecy Martinez, and approve the concept design for the team photo area
Mayor Bryant opened the public comment period following a staff presentation by Aaron Wanden, Parks Manager.

Ian Cohen spoke in support of the item as presented by staff.

Rod Flohr provided comments and suggestions related to the name of the sports complex.

There being no one else wishing to speak, Mayor Bryant closed the public comment period.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopt Resolution 2024-76 1) officially naming the sports complex the “Sand Creek Sports Complex”; 2) dedicating and naming the championship field (Field #1) in the memory of Cecy Martinez; and 3) approving the design for the team photo area.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.2 A Resolution approving Midway Alley to be renamed Helen Myers Way Mayor Bryant opened public comment following a staff presentation.

7 PJ thanked staff and the City Council for making this project a reality.

There being no one else wishing to speak, Mayor Bryant closed public comments.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2024-72 renaming Midway Alley as Helen Myers Way in honor of the late Helen Myers.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Member Mendoza requested that the City Council consider and discuss requiring media outlets with which the City spends money on advertising, or that distribute City press releases, be held to the Society of Professional Journalists Code of Ethics.

Council Member Pierson requested the that the City Council consider changing the Age and Disabilities Friendly Communities Committee, and the Diversity, Equity, Belonging and Inclusion Committee, from ad-hoc to standing committees.

J. ADJOURNMENT
It was moved/seconded by Pierson/Mendoza to adjourn the meeting at 9:20 p.m. and the morion carried unanimously.

1 SPECIAL CITY COUNCIL MINUTES
June 25, 2024, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 5:33 p.m.

Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Mayor Bryant opened Public Comments.

There being no one wishing to speak, Mayor Bryant closed Public Comments.

D. RECESS TO CLOSED SESSION
It was moved/seconded by Meyer/Oerlemans to recess to closed session and the motion carried unanimously.

D.1 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION D.2 CONFERENCE WITH LABOR NEGOTIATORS
E. ADJOURNMENT
City Council reconvened in open session at 7:09 p.m.

PROCLAMATION
WHEREAS, we proudly acknowledge and celebrate the enduring legacy of Ace Hardware in Brentwood, as they mark a century of service to the community; and
WHEREAS, for 100 years, Ace Hardware has been a cornerstone of reliability, offering top-quality tools, supplies, and expertise to the residents of Brentwood and beyond; and
WHEREAS, this milestone is a testament to their enduring commitment to excellence and dedication to customer satisfaction; and WHEREAS, their role as a trusted resource for all things home improvement, Ace Hardware has become a beloved institution in our community; and
WHEREAS, as we applaud Ace Hardware on their remarkable achievement, we extend our gratitude for their contributions to the growth and success of Brentwood.

NOW THEREFORE, BE IT PROCLAIMED that the City Council of the City of Brentwood does hereby honor and commend Ace Hardware for a century of excellence and service to our community.

Dated this 23rd day of July 2024

Joel R. Bryant, Mayor

PROCLAMATION
WHEREAS, education is the cornerstone of our society, fostering growth, innovation, and a brighter future for all; and
WHEREAS, the return to school signifies a renewed commitment to academic excellence, personal development, and the pursuit of knowledge; and
WHEREAS, students, educators, and families prepare diligently during this time for the upcoming school year, ensuring that classrooms are equipped and minds are ready for learning; and
WHEREAS, the importance of education extends beyond the classroom, impacting communities and contributing to the overall wellbeing and progress of our community; WHEREAS, acknowledging August as Back to School Month
highlights the significance of this annual transition and encourages community support for students and educators;
NOW, THEREFORE, BE IT PROCLAIMED that the City Council
of the City of Brentwood does hereby recognize the month of August 2024 as

BACK TO SCHOOL MONTH
and urge all residents to recognize the importance of education, support our students and educators, and contribute to a successful and enriching school year.

Dated this 23rd day of July 2024

Joel R. Bryant, Mayor

CITY COUNCIL AGENDA ITEM NO. F.5
07/23/2024
SUBJECT: Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane).

DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Adopt a resolution initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane); declaring the intention to levy and collect assessments; and setting the date of September 10, 2024 at 7:00 p.m. or at such time thereafter that the matter can be heard for the Public Hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.

FISCAL IMPACT
Upon build-out of the subdivision, the City will have authorization to collect the maximum annual assessment revenue of approximately $69,977 (in Fiscal Year 2024-25 dollars) from the residential parcels within the Hanson Lane project. The maximum annual assessment revenue for Landscape & Lighting Assessment District No. 24-1 (Hanson Lane) will be increased each fiscal year based upon the prior year’s change in the San Francisco Bay Area Urban Wage Earners Consumer Price Index and will fund the special benefit portion of the maintenance, operation, servicing, replacement, and administration expenses associated with City improvements that benefit the project. The annual costs for Landscape & Lighting Assessment District No. 24-1 (Hanson Lane) attributed to the public at large of approximately $4,395 will be funded by the General Fund.

To ensure the Landscape & Lighting Assessment Districts are self-supporting, each district has an administrative cost factored into the maximum assessment rate during formation to cover creation of annual Engineer’s Reports and levying of assessments.

Funds to cover the costs associated with the formation of the Landscape & Lighting District have been deposited with the City by the developer.

CITY COUNCIL AGENDA ITEM NO. F.5
07/23/2024

BACKGROUND
The proposed formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane) will consist of 94 single-family residential homes at build-out, located south of Lone Tree Way and east of Brentwood Boulevard.

The project is conditioned to provide a funding mechanism to offset the annual operation, maintenance, and future capital replacement costs attributed to City streetlights, landscaping, open space areas, trails, and park improvements which benefit the properties located within this project.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that an Engineer’s Report be generated for the formation of any new assessment district or any annexations into existing assessment districts. The Engineer’s Report identifies public improvements to be maintained, as well as the maximum annual assessment rates to be levied on properties benefiting from these improvements. The 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 district was originally formed, plus an annual cost of living adjustment.

This report will set the maximum annual assessment rates for the new assessment district being proposed.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that all formations of assessment districts receive voter approval, from the affected property owner(s), and a public hearing be held, prior to final approval from City Council. The adoption of the attached resolution will trigger the noticing and balloting period and the mailing of these notices and ballots to the affected property owner(s). 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 September 10, 2024. 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 of property owners do not oppose the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane). If a majority of property owners are not opposed, City Council may adopt a resolution confirming the diagram and assessments to form Landscape & Lighting Assessment District No. 24-1 (Hanson Lane).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. F.5
07/23/2024

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation. Not approving this action will result in the inability of the City to levy assessments in Fiscal Year 2024/25 to fund the operation, maintenance, and replacement of public improvements associated with Landscape and Lighting Assessment District No. 24-1 (Hanson Lane), and result in a significant General Fund obligation.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Preliminary Engineer’s Report – LLAD 24-1 (Hanson Lane)

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

Actions were taken in previous years to form the City’s 67 existing Landscape & Lighting Assessment Districts.

On March 23, 2021, by Resolution No. 2021-32, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute a Professional Services Agreement with Francisco for a two-year term, in an amount not to exceed $229,900 per agreement year for assessment engineering services for Fiscal Years 2021/22 and 2022/23. In addition, the two-year agreement included an option to extend the agreement for two additional one-year terms.

On March 14, 2023, by Resolution No. 2023-25, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute an amendment to extend the agreement for Fiscal Year 2023/24, for the first of the two allowable optional one-year terms in an amount not to exceed $229,900.

On March 26, 2024, by Resolution No. 2024-29, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute an amendment to extend the agreement for Fiscal Year 2024/25, for the second of the two allowable optional one-year terms in an amount not to exceed $229,900.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

INITIATING AND DECLARING THE INTENTION TO ORDER THE FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-1 (HANSON LANE);

DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING THE DATE OF SEPTEMBER 10, 2024, AT 7:00 P.M. OR AT SUCH TIME

THEREAFTER THAT THE MATTER CAN BE HEARD FOR THE PUBLIC HEARING

IN ACCORDANCE WITH THE PROVISIONS OF THE STREETS & HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972” AND CALIFORNIA PROPOSITION 218.

WHEREAS, as required by Section 22585 of the California Streets and Highways Code, the City Council of the City of Brentwood intends to adopt a resolution initiating proceedings in which it proposes the formation of an assessment district under the Landscaping and Lighting Act of 1972, describing the improvements of the proposed district, describing the proposed assessment district and specifying the distinctive designation of the district as Landscape & Lighting Assessment District No. 24-1 (Hanson Lane), and ordering the preparation of an Engineer’s Report to determine the annual levy of assessments for the district; and WHEREAS, as required by Section 22586 of the California Streets and Highways Code, and in accordance with provisions of the Landscaping and Lighting Act of 1972, the Engineer of work has filed a Preliminary Engineer’s Report for Landscape & Lighting Assessment District No. 24-1 (Hanson Lane) for Fiscal Year 2024-25 with the City Clerk; and WHEREAS, as required by Section 22587 of the California Streets and Highways Code, the City Council of the City of Brentwood intends to adopt a resolution of intention which declares the City Council’s intention to order the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane) for Fiscal Year 2024-25, declares the intention to levy and collect assessments; and gives notice of the time and place for a hearing by the City Council regarding the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane).

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

1. Hereby initiates and declares its intention to order the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane) and declares its intention to levy and collect assessments in said Assessment District.

2. Finds that the improvements to be made in this Assessment District are generally described as the operation, maintenance and servicing of landscaping, irrigation, parks, lighting, and associated facilities located in and along arterial and collector streets and within other public areas as referenced in the Preliminary Engineer’s Report for the Fiscal Year 2024-25 on file with the City Clerk. All interested persons are referred to the Preliminary Engineer’s Report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

3. Declares that on September 10, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, it will conduct a Public Hearing on the question of the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane) and the levy of proposed annual assessments upon the assessable lots and parcels of land within

the Assessment District. The meeting and hearing will be held at the City Council Chambers, 150 City Park Way, Brentwood, California. Property owners may submit, revise, or withdraw ballots by appearing at the City Council Chambers, 150 City Park Way, Brentwood, California, during the course of the hearing for this agenda item.

Ballots may also be submitted by mail to the same address. Public participation is anticipated to be available via Zoom, telephone, or email, as will be enumerated in the agenda for the City Council meeting of September 10, 2024.

4. Authorizes and asks that the City Clerk to give the notice of Public Hearing required by the Landscaping and Lighting Act of 1972 and Proposition 218.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of July 2024 by the following vote:

Landscaping and LighƟng
Assessment District 24‐1
Hanson Lane
Fiscal Year 2024‐25
Preliminary Engineer’s Report
July 23, 2024

Formation of LLAD No. 24-1 (Hanson Lane)
Engineer’s Report Fiscal Year 2024-25 TABLE OF CONTENTS i
Page No.

City Directory.........................................................................................................ii Certificates............................................................................................................iii SECTION I Introduction .................................................................................... 1 SECTION II Impacts of Proposition 218............................................................. .3 SECTION III Engineer’s Report ........................................................................... 5 Part A - Plans and Specifications............................................................... 7 Part B - Estimate of Cost ........................................................................... 9 Part C - Assessment District Diagram...................................................... 11 Part D - Method of Apportionment of Assessment................................... 13 Part E - Property Owner List & Assessment Roll ..................................... 28 Appendix A – Maximum Assessment Roll.........................................................A-1 Appendix B – Benefit Boundary Diagrams ........................................................B-1

Formation of LLAD No. 24-1 (Hanson Lane)
Engineer’s Report Fiscal Year 2024-25 CITY DIRECTORY
ii

CITY OF BRENTWOOD

FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT No. 24-1
(HANSON LANE)
FISCAL YEAR 2024-25

CITY COUNCIL MEMBERS AND CITY STAFF
Joel R. Bryant
Mayor
Susannah Meyer Jovita Mendoza
Vice Mayor Council Member
Pa'tanisha Pierson Tony Oerlemans
Council Member Council Member
Tim Ogden
City Manager
Allen Baquilar Margaret Wimberly
City Engineer City Clerk
Kerry Breen Bruce Mulder
Director of Finance & Information Systems Director of Parks & Recreation Francisco & Associates
Assessment Engineer

Formation of LLAD No. 24-1 (Hanson Lane)
Engineer’s Report Fiscal Year 2024-25 CERTIFICATES
iii

ENGINEER'S REPORT

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-1 (HANSON LANE)
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer’s Report as directed by the City of Brentwood City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and provisions of the Landscaping and Lighting Act of 1972 commencing with Section 22500 et. seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: June 28, 2024 By:

Eduardo Espinoza, P.E.

CE No. 83709
I HEREBY CERTIFY that the Engineer’s Report, together with the Assessment Roll and Assessment District Diagram thereto attached was filed with me on the ___________ day of _________, 2024.

Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment District Diagram thereto attached, was approved and confirmed by the City Council of the City of Brentwood, Contra Costa County, California, on the ____ ________day of ________, 2024.

Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

Formation of LLAD No. 24-1 (Hanson Lane) SECTION I
Engineer’s Report Fiscal Year 2024-25 INTRODUCTION
1 SECTION I

INTRODUCTION
ENGINEER’S REPORT
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-1 (HANSON LANE)
FISCAL YEAR 2024-25
To ensure the proper flow of funds for the ongoing operation, maintenance, servicing and replacement of specific improvements within the City of Brentwood (the “City”), the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of sixty-seven (67) Landscape & Lighting Assessment Districts (LLADs) and is currently proposing the formation of one (1) additional LLAD, which is the purpose of this Report. Improvements, which may be operated, maintained, serviced, and replaced by the LLADs, include, but are not limited to, landscaping, park, streetlighting, and trail improvements.

Generally, as a part of the conditions of approval to develop property within the City, property owners/developers are required to mitigate their project’s financial impact to the City. Developers can provide their own financing mechanism to mitigate their impacts or they can form a new LLAD or when applicable, annex into an existing LLAD. The formation of these LLADs ensure that the operation, maintenance, servicing, and replacement costs of these improvements are specifically paid for by those property owners who directly benefit from the improvements.

LLAD No. 24-1 (the “District”) will include the Hanson Lane development located south of Lone Tree Way in the northeast portion of the City. The Hanson Lane development will consist of 94 single-family homes at build-out. In order to form the District, it will require approval from the District property owner(s), prior to final approval from City Council. This process is discussed in Section II, ‘Impacts of Proposition 218’ of this Report.

As required by the Landscaping and Lighting Act of 1972, the Engineer’s Report includes:
(1) a description of the improvements to be operated, maintained, serviced and replaced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within the District.

The City of Brentwood will hold a public hearing on September 10, 2024, regarding the formation of the District. At the public hearing the City will provide an opportunity for any interested person to be heard. After the public input portion of the public hearing, the City Clerk will tabulate the assessment ballots. If the assessment ballot tabulation is favorable, the City Council may adopt a resolution forming the District and confirming the maximum assessment rates as originally proposed or as modified.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION I
Engineer’s Report Fiscal Year 2024-25 INTRODUCTION
2 Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION II
Engineer’s Report Fiscal Year 2024-25 PROPOSITION 218
3 SECTION II
IMPACT OF PROPOSITION 218
FORMATION OF LIGHTING & LANDSCAPE ASSESSMENT DISTRICT No. 24-1 (HANSON LANE)
FISCAL YEAR 2024-25
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These procedures stipulate that even if assessments are initially exempt from Proposition 218, new or future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessment was anticipated in the property owner approved assessment formula (e.g., CPI increase or assessment cap) then the assessment increase is compliant with the intent and provisions of Proposition 218.

In order to form the District, it will require voter approval from the District property owner(s), prior to final approval from City Council. In order to comply with the requirements of Proposition 218, the City of Brentwood has implemented the following procedures:
1) Every property owner within the District will be mailed a ballot, which allows the property owners to cast their votes either in favor or against the proposed formation of the assessment district. A notice describing the assessment, the individual property owner’s maximum annual assessment rate, the duration of the assessment, the reason for the assessment, and the basis upon which the assessment is calculated will accompany the ballots.
2) After the close of the public input portion of the public hearing, the ballots, which have been returned to the City Clerk will be tabulated to determine whether a majority protest against the formation of the District exists. 3) When tabulating the assessment ballots, they will be weighted based on their proportionate maximum assessment amount.
4) Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not used for business purposes similar to private residential,

Formation of LLAD No. 24-1 (Hanson Lane) SECTION II
Engineer’s Report Fiscal Year 2024-25 PROPOSITION 218
4 commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

All property owners will be noticed in accordance with Proposition 218 a minimum of 45 days prior to the public hearing, unless a shorter notice period is agreed to by all affected property owners. After the public hearing and after the ballots have been tabulated, if a majority of the weighted ballots are in favor of the assessment, then the City Council may adopt a resolution forming the District and confirming the maximum assessment rate.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 ENGINEER'S REPORT 5 SECTION III

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), Proposition 218 and in accordance with the Resolution of Intention accepting the Preliminary Engineer’s Report, adopted by the City Council of the City of Brentwood, on July 23, 2024, and in connection with the proceedings for:

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-1 (HANSON LANE)
FISCAL YEAR 2024-25
Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the Parks & Recreation Department and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and is on file in the Office of the Parks & Recreation and Engineering Department.

PART C: ASSESSMENT DIAGRAM
This part incorporates by reference a diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. The diagram has been prepared by the Engineer of Work and is on file in the Office of the Brentwood City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 ENGINEER'S REPORT 6 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the maximum amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Brentwood City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART A
7 PART A

PLANS AND SPECIFICATIONS
The facilities, constructed that benefit the District, and those which may be subsequently operated, maintained, serviced, and replaced are generally described as follows:

The operation, maintenance, servicing and replacement of streetlighting, landscaping, walls, monuments, trails, parks, open space areas, and associated facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation, maintenance, servicing and replacement of the facilities as described below.

Streetlighting Facilities Along Arterial and Major Roadways Median and roadside street lights located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B-2) and described in Table 2 of this Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Landscaping Facilities Along Arterial and Major Roadways Median and roadside landscaping facilities located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B2) and described in Table 3 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Parks Facilities
Community and neighborhood parks and open space facilities as shown on the Parks Benefit Boundary Diagram (Appendix page B-3) and described in Table 4 of this Report consist of, but are not limited to parks, open space, drainage areas, creeks, ponds, pathways, landscaping, trees, shrubbery, sidewalks, tot lots, park equipment, playgrounds, fences, etc. including the removal of trash and debris, and other appurtenant facilities within the public park areas, public rights-of-way, and easements benefitting parcels within the boundaries of the District.

In-Tract Streetlighting Facilities
In-tract streetlights located along in-tract roadways of the District are shown on the InTract Benefit Boundary Diagram (Appendix page B-4) and described in Table 5 of this

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART A
8 Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

In-Tract Landscaping Facilities
In-tract landscaping facilities located within or adjacent to the District are shown on the In-Tract Benefit Boundary Diagram (Appendix page B-4) and described in Table 6 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, monuments, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Trail Facilities
Maintenance of trail facilities as shown on the Trail Benefit Diagram (Appendix page B-5) and described in Table 7 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of open space areas, trails, etc. including landscaping, irrigation, hardscapes, pathway materials, removal of trash and debris, and other appurtenant facilities within the public rights-of-way and easements that benefit parcels within the boundaries of the District.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART B
9 PART B

ESTIMATE OF COST
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of each LLAD. The Act provides that the total cost of operation, maintenance, servicing and replacement of the street lighting, landscaping, trails, parks, open space areas, and associated facilities, etc. can be recovered by each LLAD.

Incidental expenses including administration of the LLADs, engineering fees, legal fees and all other associated costs of the District can also be included.

Table No. 1 on the following page shows the total operation, maintenance, servicing, and replacement budgets upon completion of all improvements which could be assessed against the benefiting parcels within the District in FY 2024-25 dollars.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART B
10 Revenues collected from the assessment shall be used only for the purposes as stated herein. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year.

FY 2024-25 LLAD Other Other Non- General
Improvement Type Cost No. 24-1 LLAD Parcels 1 LLAD Parcels 2 Benefit 3 Arterial Streetlighting $413,174.95 $1,510.58 $315,560.10 $84,500.51 $11,603.76 Arterial Landscaping $4,423,732.20 $18,294.28 $3,821,674.31 $511,682.93 $72,080.68 Community and Neighborhood Parks $9,267,730.71 $21,185.72 $7,903,110.85 $1,028,493.98 $314,940.16 In-Tract Streetlighting4 $6,750.00 $6,615.00 N/A N/A $135.00 In-Tract Landscaping4 $1,582.28 $1,550.63 N/A N/A $31.65 Trail Landscaping $1,119,514.91 $16,737.64 $896,746.48 $127,664.75 $78,366.04 Maintenance Subtotal $15,232,485.05 $65,893.85 $12,937,091.74 $1,752,342.17 $477,157.29 Local In-Tract Reserves
Capital Reserves5 $2,041.41 $2,041.41 NA NA NA
Operating Reserves/Contingency5 $2,074.74 $2,041.41 NA NA $33.33 Reserves Subtotal $4,116.15 $4,082.82 NA NA $33.33
Total $15,236,601.20 $69,976.67 $12,937,091.74 $1,752,342.17 $477,190.62 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs.
2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are included in the cost estimate shown for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 24-1 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 1 - LLAD No. 24-1 Cost Estimate (FY 2024-25 Dollars) Special Benefit

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART C
11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are completely within the boundaries of the City of Brentwood. The Assessment Diagram is on file in the Office of the City Clerk of the City of Brentwood and shown on the following page of this Report. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram for the District is included on the following page.

City of Brentwood
LLAD No. 24-1 (Hanson Lane) Assessment Diagram

LONE TREE WY
Legend
LLAD 24-1 Boundary
Parcel Lines
±
150 75 0 150 300
Feet

BONITA WY

BEVERLY PL CERRITOS RD

MARSH CREEK REGIONAL TRAIL
APN
018-230-034

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which includes, but is not limited to the operation, maintenance, servicing and replacement of street lighting, landscaping, trails, park, and open space area facilities.

Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.

Article XIIID provided that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. Additionally, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed.

ASSESSMENT METHODOLOGY
The operation, maintenance, servicing, and replacement costs for the landscaping, streetlighting, parks, open space areas, and trail facilities are apportioned in accordance with a methodology that is consistent with standard assessment engineering practices.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
14 Since the assessments are levied on the owners of properties as shown on the secured property tax rolls, the final assessments must be assigned by Assessor's Parcel Number.

If assessments were to be allocated by parcel, not considering land use, benefit would not be allocated accurately, because a single-family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are allocated to each parcel of land based on the benefit received by each parcel. The assessment methodology is based on Equivalent Dwelling Units (EDUs) as discussed below.

Single-Family Residential Parcels - The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents approximately 90% of the parcels within the City. Therefore, the single-family residential parcel is defined as one EDU per parcel. The assessment methodology used to assign EDUs to other land uses in proportion to the special benefit they receive relative to the single-family residential parcel is discussed below.

Condominium, Duet, Townhome and Mobile Home Parcels - Condominiums, duets, townhomes, and mobile homes on average have approximately 75% of the building square footage compared to a single-family home. Furthermore, studies consistently show that these types of residential products impact public infrastructure approximately 75% as much as a single-family residential parcel. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home.

Furthermore, studies consistently show that multi-family residential units impact public infrastructure approximately 50% as much as a single-family home. Therefore, all multifamily parcels are assessed 0.50 EDUs per unit.

Non-Residential Parcels - Commercial, industrial, institutional, and other non-residential properties are assessed at three (3) EDUs per acre of land. The 3.00 EDU per acre allocation is based upon the average size of a single-family parcel in the City of Brentwood which is approximately 1/6 of an acre. For every acre of non-residential land approximately 6 single-family homes could be constructed on that acre of land which would equate to 6.00 EDUs per acre. Furthermore, it was determined that NonResidential parcels benefit less than residential properties from the authorized improvements because their employees have less time and opportunity to use and benefit from the improvements, than residents who live within the City. Employees typically benefit or may use the improvements before work, during breaks and at lunch, or after work. Residents have the ability to use the improvements during the same times and on weekends and holidays, since they reside in the area. Based on this information, it is reasonable to assume that for non-residential property the opportunity to use and benefit from the improvements is approximately 50% of that realized by residential properties.

Therefore, EDUs assigned to non-residential property are assessed three (3) EDUs per acre of land because they have been discounted by 50% to account for the differences in benefit from improvements conferred on residential and non-residential property.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
15 Undeveloped Parcels – All undeveloped properties are assessed at 25% of the developed EDUs assigned for each parcel of land based on the properties land use classification.

Undeveloped properties benefit less from the improvements than developed property because undeveloped properties do not have structures which house residents or utilize employees. However, the improvements funded by the City’s LLADs do benefit undeveloped property because improvements have already been installed that allows for development to occur and to use the improvements immediately upon the initiation of development making the property more attractive. Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property.

To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure. Based upon the review, it was determined that approximately 25% of the assessed value of developed property in the City is associated with the underlying land.

Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property.

Therefore, EDUs assigned to undeveloped residential and non-residential property have been discounted by 75% to account for the differences in benefit from improvements conferred on developed and undeveloped property.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an APN by the County), and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities (such as office buildings like a City Hall, etc.). Also exempted from the assessment would be utility rights-of-ways, common areas (such as in condominium complexes), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Furthermore, parcels within the District may be assessed as developed once the final maps have been approved by the City of Brentwood and/or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
16 QUANTIFICATION OF BENEFIT
The District will provide a funding source for the operation, maintenance, servicing and replacement of streetlighting, landscaping, park, and open space area facilities authorized under the statute that benefit properties within the boundaries of the District. As previously discussed, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed. In order for the City to separate out the costs associated with general and special benefits for each improvement type, an analysis of each improvement was conducted as described below.

Streetlighting Along Arterial and Major Roadways
Streetlighting located along the City’s arterial and major roadways provide a benefit to parcels inside and outside the City. The benefits from streetlights are enhanced illumination which allows for:
• Safer vehicle and pedestrian access to and from property. • Enhanced deterrence of criminal or suspicious activity such as property theft, vandalism, criminal acidity, illegal dumping, and damage to improvements and property.
• Improved ability of pedestrians and motorists to see. • Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Increased nighttime visibility resulting in enhanced safety on roads, streets, and in public areas.

To determine which properties benefit from streetlighting along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g., neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
17 utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced streetlighting improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. The aggregated EDU assignments for each categorization of property determined that 2.81% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 97.19% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a special and direct benefit to the parcels within the City and 2.81% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a general benefit.

Streetlighting Along Arterial and Major Roadway Cost Allocation The 1,396 roadside and median streetlights located along arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $413,175 per year to maintain in FY 2024-25 dollars. The cost to maintain the streetlighting along the arterial and major roadways are spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified to be within the Arterial and Major Roadway Benefit Boundary equate to 25,711 EDUs which results in an annual cost allocation of $16.07 per EDU in FY 2024-25 dollars. As previously discussed,

97.19% of the annual cost to operate and maintain the streetlights would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary.

Table No. 2 shows the streetlight cost allocation associated with arterials and major roadways.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
18 Landscaping Along Arterial and Major Roadways
Landscaping located along the City’s arterial and major roadways provide a benefit to parcels within and outside the City. The benefits from landscaping include enhanced beautification which allows for:
• Enhanced desirability of property through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties.
• Enhanced beautification to the adjacent developments. • Increased sense of pride in ownership of property within the LLADs resulting from well-maintained improvements associated with the properties. • Enhanced quality of life through well-maintained green space and landscaped areas.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the LLADs through well-maintained surroundings and amenities including abatement of graffiti.
• Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise.

To determine which properties benefit from landscaping along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g. neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial LLAD No. 24-1
LLAD Other Other Non General Cost per EDU
Improvement No. 24-1 LLAD Parcels LLAD Parcels Benefit (FY 2024-25 Type 0.37% 76.37% 20.45% 2.81% Dollars)1
Arterial and Major Roadway
Streetlighting $1,510.58 $315,560.10 $84,500.51 $11,603.76 $16.07 1 The LLAD No. 24-1 Cost per EDU was determined by dividing the LLAD No. 24-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-1.

Special Benefit
Table No. 2 - Arterial and Major Roadway Street Lighting Cost Allocation

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
19 and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced landscaping improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. It was determined that parcels within the categories that are not in a LLAD benefit less than parcels within the LLADs due to the proximity of the landscaping to the properties within the LLADs. This finding resulted in the EDUs assigned to parcels in the City and not in a LLAD and parcels outside the City being reduced by 50%. The aggregated EDU assignments for each categorization of property determined that 1.63% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 98.37% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a special and direct benefit to the parcels within the City and 1.63% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a general benefit.

Landscaping Along Arterial and Major Roadway Cost Allocation The 117.493 acres of City-maintained landscaping along the arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $4,423,733 per year to maintain in FY 2024-25 dollars. The cost to maintain the arterial and major roadway landscaping is spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified on the Arterial and Major Roadway Benefit Boundary equate to 22,731 EDUs which results in an annual cost

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
20 allocation of $194.62 per EDU in FY 2024-25 dollars. As previously discussed, 98.37% of the annual cost to operate and maintain the roadside and median landscaping would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary. Table 3 shows the landscaping cost allocation associated with arterials and major roadways.

Park Facilities
The City of Brentwood’s General Plan policy is aimed at ensuring that recreational opportunities will continue to exist throughout the City and that an adequate park system continues to be developed and maintained to serve the City. In keeping with these policies, the City Council formed a Citywide Park Assessment district for park maintenance in 1997 to secure a funding mechanism for a portion of the benefits and associated costs to maintain community parks and neighborhood parks. In addition, the City’s LLADs were also established to fund park costs associated with each benefiting property for the community and neighborhood parks that could not be funded from the Citywide Park Assessment District. For the purposes of this report, community parks are defined as typically being larger parks that are designed with amenities to serve the City as a whole as described further in the Parks, Trails and Recreation Master Plan originally approved on August 23, 1994 and subsequently approved on June 25, 2002.

Neighborhood parks are defined as being generally smaller than community parks and typically benefit those residents located within a one-half mile radius from the park and as further defined within the Parks, Trails and Recreation Master Plan previously referenced.

There are 99 Parks spread throughout the City serving a population of approximately 67,000 residents. Community and neighborhood parks provide a special and direct benefit to the parcels within the City. The special and direct benefit to the parcels consists of enhanced recreational opportunities, including baseball, soccer, swimming, basketball, walking, jogging, etc. and the use of improvements such as: picnic tables, barbequing, playground equipment, community center rooms, green spaces, benches, bioswales, etc.

The parks and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, environmental and health benefits, community gathering places, and an overall improved and healthier community image, etc. If these park improvements were not installed, property within the City’s LLADs would not look as appealing to property owners, prospective property buyers, and patrons alike, which would adversely affect the value of their property. Based on the Parks and Economic Development Report LLAD No. 24-1
LLAD Other Other Non General Cost per EDU
No. 24-1 District Parcels District Parcels Benefit (FY 2024-25 Improvement Type 0.41% 86.39% 11.57% 1.63% Dollars)1
Arterial and Major Roadway
Landscaping $18,294.28 $3,821,674.31 $511,682.93 $72,080.68 $194.62 1 The LLAD No. 24-1 cost per EDU was determined by dividing the LLAD No. 24-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-1.

Special Benefit
Table No. 3 - Arterial and Major Roadway Landscaping Cost Allocation

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
21 published in the American Planning Association, homes adjacent and near parks and open space are typically valued at 8-20% higher than comparable properties, with positive price effect declining to zero about ½ mile away. Therefore, park improvements provide a special and direct benefit to property located within ½ miles of park improvements.

Furthermore, the Brentwood Parks, Trails, and Recreation Master Plan development guidelines as previously referenced herein, states that, neighborhood parks should service residents within a ½ mile +/- radius or approximately 1,000 to 2,000 people. The City maintains on average one neighborhood park per 800 residents. In addition to the special and direct benefits the property owners receive within the City from these enhanced park improvements, there are also some incidental benefits received by residents located from outside the City that may utilize the City’s community and neighborhood parks. Even though these are incidental benefits, they must be accounted for and cannot be assessed to the properties within the City’s LLADs.

Based on park user data, it is conservatively estimated that approximately 95% of the benefits associated with community parks are of benefit to property within the City and 98% of the benefits associated with neighborhood parks are of a special and direct benefit to properties within ½ mile distance (+/-). Therefore, 95% of the costs to annually operate, maintain, service and replace the community parks and 98% of the costs to annually operate, maintain, service and replace the neighborhood parks would be a special and direct benefit to the parcels within the City, and 5% and 2%, respectively of the annual costs to operate, maintain, service and replace the parks would be a general benefit.

Park Facilities Cost Allocation
The approximately 253.06 acres of community and neighborhood parks within the Park Benefit Boundary cost approximately $9,267,731 to maintain in FY 2024-25 dollars. The cost to maintain the parks is spread to all benefiting parcels identified within the Parks Benefit Boundary.

The community parks within the Park Benefit Boundary cost approximately $4,319,518 to maintain in FY 2024-25 dollars. As previously discussed, 95% of the annual cost to operate and maintain community parks is considered a special and direct benefit to the parcels within the park benefit boundary and 5% of the annual cost to operate and maintain community parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,872 EDUs, which results in an annual cost allocation of $84.83 per EDU in FY 2024-25 dollars for community parks. Table 4A shows the cost allocation associated with community parks.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
22 The neighborhood parks within the Park Benefit Boundary cost approximately $4,948,213 to maintain in FY 2024-25 dollars. As previously discussed, approximately 98% of the annual cost to operate and maintain neighborhood parks is considered a special and direct benefit to the parcels within the park benefit boundary and 2% of the annual cost to operate and maintain neighborhood parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,872 EDUs, which results in an annual cost allocation of $140.55 per EDU in FY 2024-25 dollars for neighborhood parks.

Table 4B shows the cost allocation associated with neighborhood parks.

The total annual cost allocation needed to maintain the community and neighborhood parks within the Park Benefit Boundary is $225.38 per EDU in FY 2024-25 dollars as summarized in Table 4C below.

In-Tract Streetlighting
To determine which properties benefit from in-tract or development specific streetlighting a benefit analysis was performed. Streetlighting located along and adjacent to the in-tract streets provides a special and direct benefit to parcels within the developments. The special and direct benefits from streetlights within the development consists of enhanced illumination which allows for safer vehicle and pedestrian access to and from property. In addition, this enhanced illumination helps deter criminal or suspicious activity such as property theft, vandalism, illegal dumping, etc.

LLAD No. 24-1
LLAD Other Other Non General Cost per EDU
Improvement No. 24-1 District Parcels District Parcels Benefit (FY 2024-25 Type 0.18% 85.85% 8.96% 5.00% Dollars)1
Parks $7,974.02 $3,708,456.69 $387,111.30 $215,975.90 $84.83 1 The LLAD No. 24-1 cost per EDU was determined by dividing the LLAD No. 24-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-1.

Special Benefit
Table No. 4A - Community Park Cost Allocation
LLAD No. 24-1
LLAD Other Other Non General Cost per EDU
Improvement No. 24-1 District Parcels District Parcels Benefit (FY 2024-25 Type 0.27% 84.77% 12.96% 2.00% Dollars)1
Parks $13,211.70 $4,194,654.16 $641,382.68 $98,964.26 $140.55 1 The LLAD No. 24-1 cost per EDU was determined by dividing the LLAD No. 24-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-1.

Table No. 4B - Neighborhood Park Cost Allocation
Special Benefit
Community Park Neighborhood Park Parks
Cost per EDU Cost per EDU Cost per EDU
$84.83 $140.55 $225.38
Table No. 4C - Parks FY 2024-25 Annual Cost Allocation

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
23 Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along in-tract roadways within the development would be a special and direct benefit to the parcels within the City’s LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract street lighting were assigned to properties located outside of the development.

Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a special and direct benefit to the parcels within each development and 2% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a general benefit.

In-Tract Streetlighting Cost Allocation
The forty-five (45) in-tract streetlights within the In-Tract Benefit Boundary cost approximately $6,750 to maintain in FY 2024-25 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract streetlights is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary. The parcels identified on the In-Tract Benefit Boundary equate to 94 EDUs which results in an annual cost allocation of $70.37 per EDU in FY 2024-25 dollars. Table 5 shows the cost allocation associated with in-tract streetlights.

LLAD No. 24-1
LLAD General Cost per EDU
Improvement FY 2024-25 No. 24-2 Benefit (FY 2024-25
Type Cost 98.00% 2.00% Dollars)1
In-Tract Streetlighting $6,750.00 $6,615.00 $135.00 $70.37 1 The LLAD No. 24-1 cost per EDU was determined by dividing the LLAD No. 24-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-1.

Table No. 5 - Local In-Tract Streetlighting Cost Allocation

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
24 In-Tract Landscaping
To determine which properties benefit from in-tract or development specific landscaping a benefit analysis was performed. Landscaping located along and adjacent to the in-tract streets provides a special and direct benefit to parcels within the development. The special and direct benefits from in-tract landscaping within the development consists of enhanced beautification to the entrances and along the roadsides within the development.

Property owners who reside within these developments realize this enhanced aesthetic benefit when they are entering and exiting the development. If these in-tract landscape improvements were not installed, the developments would not look as appealing to property owners and prospective property buyers which would adversely affect the value of their property. Therefore, these landscape improvements provide a specific enhancement to their property values and not a general enhancement of property values.

Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along in-tract roadways within the development would be a special and direct benefit to the parcels within the LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned was applied to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract landscaping were assigned to properties located outside of the development. Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a special and direct benefit to the parcels within the development and 2% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a general benefit.

In-Tract Landscaping/Fencing and Soundwall Cost Allocation The approximately 3,000 square feet of soundwall within the In-Tract Benefit Boundary cost approximately $1,583 to maintain in FY 2024-25 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract landscaping is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary. The parcels identified on the InTract Benefit Boundary equate to 94 EDUs which results in an annual cost allocation of $16.50 per EDU in FY 2024-25 dollars. Table 6 shows the cost allocation associated with in-tract landscaping.

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
25 Trails
Trails provide special and direct benefits to the parcels located within a certain proximity to the trails. These special and direct benefits consist of enhanced recreational opportunities such as walking, jogging, biking, etc. within and along their developments.

These benefits allow for:
• Increases in options to exercise and incorporate recreational opportunities into daily routines.
• Increases in opportunities to travel and connect with places people may need or want to go.
• Enhanced environmental opportunities because of improvement in air quality due to people utilizing the trail verse driving to nearby destinations. • Specific enhancements in property values due to the increase in walkability of an area and the increase in amenities.

In addition, the trails provide general benefits to the public-at-large since it is a public trail system and anyone from the public can access it. To determine who is most likely to use trails, the City’s Parks and Recreation Department staff performed a trail user survey over multiple days at different times and locations along existing trail segments over a threemonth period. Based upon their survey findings, ninety-three percent (93%) of trail users were benefitting property owners located both within the City and those outside the City limits, who lived within ½-mile (+/-) of trails. The ½-mile benefit boundaries from each respective trail can vary slightly for trail segments due to the location of geographical features and major roadways. Therefore, it is estimated that 93% of the annual cost to operate, maintain, service and replace the trail improvements would be a special and direct benefit to the parcels within the ½-mile (+/-) distance both within and outside the City and 7% of the annual cost to operate, maintain, service and replace the trail improvements would be a general benefit. Special benefits assigned to properties that lie within a ½ mile (+/-) of trails that are not within a LLAD (in or outside the City), are special benefits that will be paid by the City because they cannot be assessed to parcels within LLADs. Only the benefits associated with properties within the City and within a LLAD that are within a ½ mile (+/-) distance of trails will be assessed.

Trails Assessment Allocation
The 27.782 acres of trails within the District Trail Benefit Boundary (Appendix B) cost approximately $1,119,515 to maintain in FY 2024-25 dollars. As previously discussed, 93% of the annual cost to operate and maintain these trail segments are a special and LLAD No. 24-1
LLAD General Cost per EDU
Improvement FY 2024-25 No. 24-2 Benefit (FY 2024-25
Type Cost 98.00% 2.00% Dollars)1
In-Tract Landscaping/Fencing and Soundwalls $1,582.28 $1,550.63 $31.65 $16.50 1 The LLAD No. 24-1 cost per EDU was determined by dividing the LLAD No. 24-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-1.

Table No. 6 - Local In-Tract Landscaping Cost Allocation

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
26 direct benefit to the parcels within the Trail Benefit Boundary and is spread to all benefitting parcels within the Trail Benefit Boundary. The parcels identified to be within the Trail Benefit Boundary equate to 5,848 EDUs which results in an annual cost allocation of $178.06 per EDU in FY 2024-25 dollars. Table No. 7 below shows the cost allocation associated with the District Trail Benefit Boundary.

DISTRICT MAXIMUM ASSESSMENT RATE
The maximum assessment rate may be adjusted each subsequent fiscal year to correspond with the annual increase in the San Francisco Bay Area Urban Wage Earners Consumer Price Index from December to December of each year (Base Year of 2023), or 2% whichever is greater.

Parcels within the District become assessable once the final maps have been approved by the City of Brentwood or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected in the ensuing fiscal year.

The following table outlines the total maximum assessment rate in FY 2024-25 dollars.

LLAD No. 24-1
LLAD Other District Non District General Cost per EDU
Improvement No. 24-1 Parcels Parcels Benefit (FY 2024-25 Type 1.50% 80.10% 11.40% 7.00% Dollars)1
City Trails $16,737.64 $896,746.48 $127,664.75 $78,366.04 $178.06 1 The LLAD No. 24-1 cost per EDU was determined by dividing the LLAD No. 24-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-1.

Table No. 7 - Trail Cost Allocation
Special Benefit

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
27 Other Other Non LLAD No. 24-1
LLAD No. 24-1 District Parcel District Parcel Rate per EDU FY 2024-25 Special Special Special General (FY 2024-25
Improvement Type Cost Benefit Benefit1 Benefit2 Benefit3 Dollars) Arterial and Major Roadway Streetlighting $413,174.95 $1,510.58 $315,560.10 $84,500.51 $11,603.76 $16.07 Arterial and Major Roadway Landscaping $4,423,732.20 $18,294.28 $3,821,674.31 $511,682.93 $72,080.68 $194.62 Community and Neighborhood Parks $9,267,730.71 $21,185.72 $7,903,110.85 $1,028,493.98 $314,940.16 $225.38 In-Tract Streetlighting4 $6,750.00 $6,615.00 N/A N/A $135.00 $70.37 In-Tract Landscaping4 $1,582.28 $1,550.63 N/A N/A $31.65 $16.50 Trail Landscaping $1,119,514.91 $16,737.64 $896,746.48 $127,664.75 $78,366.04 $178.06 Subtotal $15,232,485.05 $65,893.85 $12,937,091.74 $1,752,342.17 $477,157.29 $701.00 Local In-Tract Reserves
Capital Reserves5 $2,041.41 $2,041.41 N/A N/A N/A $21.72 Operating Reserves/Contingency5 $2,074.74 $2,041.41 N/A N/A $33.33 $21.72 Subtotal $4,116.15 $4,082.82 N/A N/A $33.33 $43.44
Total $15,236,601.20 $69,976.67 $12,937,091.74 $1,752,342.17 $477,190.62 $744.44 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs.
2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are included in the cost estimate for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 24-1 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 8 - Total Maximum Assessment Calculation (FY 2024-25 Dollars)

Formation of LLAD No. 24-1 (Hanson Lane) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART E
28 PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel proposed for the District is shown on the last equalized Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the maximum proposed amount of assessments apportioned to each lot or parcel. The Maximum Assessment Roll is on file in the Office of the City Clerk of the City of Brentwood and is shown in this Report as Appendix “A”.

Formation of LLAD No. 24-1 (Hanson Lane)
Engineer’s Report Fiscal Year 2024-25 APPENDIX A
A-1

APPENDIX A

MAXIMUM ASSESSMENT ROLL

Formation of LLAD No. 24-1 (Hanson Lane)
Engineer’s Report Fiscal Year 2024-25 APPENDIX A
A-2

Assessor Parcel Development FY 2024-25
Number(s) Name Maximum Assessment
018-230-034 Hanson Lane $69,976.67
LLAD No. 24-1 (Hanson Lane)

Formation of LLAD No. 24-1 (Hanson Lane)
Engineer’s Report Fiscal Year 2024-25 APPENDIX B
B-1

APPENDIX B

BENEFIT BOUNDARY DIAGRAMS

*
*
Street Lighting and Landscaping along Arterial and Major Roadways Benefit Boundary Diagram
LLAD No. 24-1
¯ 0 2,500 5,000
Feet
4 4
Brentwood Blvd
Sellers Ave
Sunset Rd
Concord Ave
Byron Hwy
Bixler Rd
Chestnut St
Brentwood Blvd
Minnesota Ave
Hanson Lane
Project Site
B-2
Neroly Rd Delta Rd
Brentwood Blvd
O'Hara Ave
Sycamore Ave
Sand Creek Rd
Oak St
Lone Tree Wy
Fairview
Ave
Empire Ave
Shady Willow Ln
Jeffrey Wy Sand Creek Rd
Balfour Rd
Central Blvd
Fairv ei w
Ave
Griffith Ln
Walnut Blvd
Vineyards Pkwy
Legend
LLAD No. 24-1 Boundary
City Limit
Parcel Lines
Parcels outside of City Limits - East/South Bound
Parcels outside of City Limits - North/West Bound
Parcels within City Limits
City Arterial/Major Roadways

LLAD No. 24-1
Parks Benefit Diagram
Lone Tree Wy
Sand Creek Rd
Balfour Rd
Brentwood Blvd
Fairview Ave
Minnesota Ave
Grant St
O'Hara Ave
Brentwood Blvd
John Muir Pkwy
4 ¯
Sunset
Park
Aquatic Complex
& Skate Park
King
Park
Miwok Park
Oak Meadow
Park
Apple Hill
Park
Arbor View
Park
Garin
Park
Summerset
Commons
Park
Sand Creek
Soccer
Hanson Lane
Project Site
B-3
4 2,000 1,000 0 2,000
Feet
Legend
LLAD No. 24-1 Boundary
City Limit
Parcel Lines
Parcels within the
Neighborhood Park Boundary
Community Park
Neighborhood Park

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City of Brentwood
LLAD No. 24-1 In-Tract Benefit Diagram

LONE TREE WY
M
E
G
A
N
O
S
R
D
M
E
G
A
N
O
S
R
D
RIVA
S
D
R
CAT
E
R
PIL
LA
R
L
N

BLOOMFIELD WY

VICEROY WY

HANSON LN
Legend
LLAD 24-1 Boundary
Parcel Lines
Citywide Parks Improvement
Citywide Trail Improvement
!( Proposed Streetlights
Proposed Masonry Walls
±
150 75 0 150 300
Feet
P
arc
el D
Parcel B
P
arc
el C
Parcel A
B-4 Page 59 of 478
City of Brentwood - LLAD No. 24-1 Trail Benefit Diagram B-5
Hanson Lane
Project Site
Fairview
Ave
Brentwood Blvd
O
H' ara Ave
E
mpire Ave
Lone Tree Wy
Sand Creek Rd
4 850
¯0 850
Feet
Legend
LLAD No. 24-1 Boundary
City Limit
Parcel Lines
Grant Street Trail Benefit Boundary
Parcels within Grant Street Trail Benefit Boundary
Grant Street Trail

CITY COUNCIL AGENDA ITEM NO. F.6
07/23/2024
SUBJECT: Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside)
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Adopt a resolution initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside); declaring the intention to levy and collect assessments; and setting the date of September 10, 2024, at 7:00 p.m. or at such time thereafter that the matter can be heard for the Public Hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.

FISCAL IMPACT
Upon build-out of the project, the City will have authorization to collect the maximum annual assessment revenue of approximately $75,071 (in FY 2024-25 dollars) from the residential parcels within the Trumark Trailside development. The maximum annual assessment revenues for Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) will be increased each fiscal year based upon the prior year’s change in the San Francisco Bay Area Urban Wage Earners Consumer Price Index and will fund the special benefit portion of the maintenance, operation, servicing, replacement, and administration expenses associated with City improvements that benefit the project. The annual costs for Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) attributed to benefit to the public at large of approximately $3,381 will be funded by the General Fund.

To ensure the Landscape & Lighting Assessment Districts are self-supporting, each district has an administrative cost factored into the maximum assessment rate during formation to cover creation of annual Engineer’s Reports and levying of assessments.

Funds to cover the costs associated with the formation of the Landscape & Lighting District have been deposited with the City by the developer.

CITY COUNCIL AGENDA ITEM NO. F.6
07/23/2024

BACKGROUND
The proposed formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) will consist of 57 single-family homes and six duets at build-out, located north of Sand Creek Road and west of Fairview Avenue.

The project is conditioned to provide a funding mechanism to offset the annual operation, maintenance, and future capital replacement costs attributed to City streetlights, landscaping, open space areas, trails, and park improvements that benefit the properties located within this project.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that an Engineer’s Report be generated for the formation of any new assessment district or any annexations into existing assessment districts. The Engineer’s Report identifies public improvements to be maintained, as well as the maximum annual assessment rates to be levied on properties benefiting from these improvements. The 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 district was originally formed, plus an annual cost of living adjustment.

This report will set the maximum annual assessment rates for the new assessment district being proposed.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that all formations of assessment districts receive voter approval, from the affected property owner(s), and a public hearing be held, prior to final approval from City Council. The adoption of the attached resolution will trigger the noticing and balloting period and the mailing of these notices and ballots to the affected property owner(s). 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 September 10, 2024. 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 of property owners do not oppose the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside). If a majority of property owners are not opposed, the City Council may adopt a resolution confirming the diagram and assessments to form Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION

CITY COUNCIL AGENDA ITEM NO. F.6
07/23/2024
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation. Not approving this action will result in the inability of the City to levy assessments in Fiscal Year 2024/25 to fund the operation, maintenance, and replacement of public improvements associated with the Landscape and Lighting Assessment District No. 24-2 (Trumark Trailside), and result in a significant obligation of the General Fund.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Preliminary Engineer’s Report – LLAD 24-2 (Trumark Trailside)

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

Actions were taken in previous years to form the City’s 67 existing Landscape & Lighting Assessment Districts.

On March 23, 2021, by Resolution No. 2021-32, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute a Professional Services Agreement with Francisco for a two-year term, in an amount not to exceed $229,900 per agreement year for assessment engineering services for Fiscal Years 2021/22 and 2022/23. In addition, the two-year agreement included an option to extend the agreement for two additional one-year terms.

On March 14, 2023, by Resolution No. 2023-25, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute an amendment to extend the agreement for Fiscal Year 2023/24, for the first of the two allowable optional one-year terms in an amount not to exceed $229,900.

On March 26, 2024, by Resolution No. 2024-29, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute an amendment to extend the agreement for Fiscal Year 2024/25, for the second of the two allowable optional one-year terms in an amount not to exceed $229,900.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

INITIATING AND DECLARING THE INTENTION TO ORDER THE FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-2 (TRUMARK TRAILSIDE); DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING THE DATE OF SEPTEMBER 10, 2024, AT 7:00 P.M. OR AT SUCH TIME THEREAFTER THAT THE MATTER CAN BE HEARD FOR

THE PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF THE STREETS & HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972” AND CALIFORNIA PROPOSITION 218.

WHEREAS, as required by Section 22585 of the California Streets and Highways Code the City Council of the City of Brentwood is to adopt a resolution initiating proceedings in which it proposes the formation of an assessment district under the Landscaping and Lighting Act of 1972, describing the improvements of the proposed district, describing the proposed assessment district and specifying the distinctive designation of the district as Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside), and ordering the preparation of an Engineer’s Report to determine the annual levy of assessments for the district; and WHEREAS, as required by Section 22586 of the California Streets and Highways Code, and in accordance with provisions of the Landscaping and Lighting Act of 1972, the Engineer of Work has filed a Preliminary Engineer’s Report for Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) for Fiscal Year 2024-25 with the City Clerk; and WHEREAS, as required by Section 22587 of the California Streets and Highways Code, the City Council of the City of Brentwood is to adopt a resolution of intention which declares the City Council’s intention to order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) for Fiscal Year 2024-25, declares the intention to levy and collect assessments; and gives notice of the time and place for a hearing by the City Council regarding the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside).

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

1. Hereby initiates and declares its intention to order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) and declares its intention to levy and collect assessments in said Assessment District.

2. Finds that the improvements to be made in this Assessment District are generally described as the operation, maintenance and servicing of landscaping, irrigation, parks, lighting, and associated facilities located in and along arterial and collector streets and within other public areas as referenced in the Preliminary Engineer’s Report for the Fiscal Year 2024-25 on file with the City Clerk. All interested persons are referred to the Preliminary Engineer’s Report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

3. Declares that on September 10, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, it will conduct a Public Hearing on the question of the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) and the levy of proposed annual assessments upon the assessable lots and parcels of land

within the Assessment District. The meeting and hearing will be held at the City Council Chambers, 150 City Park Way, Brentwood, California. Property owners may submit, revise, or withdraw ballots by appearing at the City Council Chambers, 150 City Park Way, Brentwood, California, during the course of the hearing for this agenda item. Ballots may also be submitted by mail to the same address. Public participation is anticipated to be available via Zoom, telephone, or email, as will be enumerated in the agenda for the City Council meeting of September 10, 2024.

4. Authorizes and asks that the City Clerk to give the notice of the public hearing required by the Landscaping and Lighting Act of 1972 and Proposition 218.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of July 2024 by the following vote:

Landscaping and LighƟng
Assessment District 24‐2
Trumark Trailside
Fiscal Year 2024‐25
Preliminary Engineer’s Report
July 23, 2024

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 TABLE OF CONTENTS i
Page No.

City Directory.........................................................................................................ii Certificates............................................................................................................iii SECTION I Introduction .................................................................................... 1 SECTION II Impacts of Proposition 218............................................................. .3 SECTION III Engineer’s Report ........................................................................... 5 Part A - Plans and Specifications............................................................... 7 Part B - Estimate of Cost ........................................................................... 9 Part C - Assessment District Diagram...................................................... 11 Part D - Method of Apportionment of Assessment................................... 13 Part E - Property Owner List & Assessment Roll ..................................... 28 Appendix A – Maximum Assessment Roll.........................................................A-1 Appendix B – Benefit Boundary Diagrams ........................................................B-1

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 CITY DIRECTORY
ii

CITY OF BRENTWOOD

FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT No. 24-2
(TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25

CITY COUNCIL MEMBERS AND CITY STAFF
Joel R. Bryant
Mayor
Susannah Meyer Jovita Mendoza
Vice Mayor Council Member
Pa'tanisha Pierson Tony Oerlemans
Council Member Council Member
Tim Ogden
City Manager
Allen Baquilar Margaret Wimberly
City Engineer City Clerk
Kerry Breen Bruce Mulder
Director of Finance & Information Systems Director of Parks & Recreation Francisco & Associates
Assessment Engineer

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 CERTIFICATES
iii

ENGINEER'S REPORT

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-2 (TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer’s Report as directed by the City of Brentwood City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and provisions of the Landscaping and Lighting Act of 1972 commencing with Section 22500 et. seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: June 28, 2024 By:

Eduardo Espinoza, P.E.

CE No. 83709
I HEREBY CERTIFY that the Engineer’s Report, together with the Assessment Roll and Assessment District Diagram thereto attached was filed with me on the ___________ day of _________, 2024.

Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment District Diagram thereto attached, was approved and confirmed by the City Council of the City of Brentwood, Contra Costa County, California, on the ____ ________day of ________, 2024.

Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION I Engineer’s Report Fiscal Year 2024-25 INTRODUCTION
1 SECTION I

INTRODUCTION
ENGINEER’S REPORT
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-2 (TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25
To ensure the proper flow of funds for the ongoing operation, maintenance, servicing and replacement of specific improvements within the City of Brentwood (the “City”), the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of sixty-seven (67) Landscape & Lighting Assessment Districts (LLADs) and is currently proposing the formation of one (1) additional LLAD, which is the purpose of this Report. Improvements, which may be operated, maintained, serviced, and replaced by the LLADs, include, but are not limited to, landscaping, park, streetlighting, and trail improvements.

Generally, as a part of the conditions of approval to develop property within the City, property owners/developers are required to mitigate their project’s financial impact to the City. Developers can provide their own financing mechanism to mitigate their impacts or they can form a new LLAD or when applicable, annex into an existing LLAD. The formation of these LLADs ensure that the operation, maintenance, servicing, and replacement costs of these improvements are specifically paid for by those property owners who directly benefit from the improvements.

LLAD No. 24-2 (the “District”) will include the Trumark Trailside development which is located north of Sand Creek Road and west of Fairview Avenue. The Trumark Trailside development will consist of 57 single-family homes and six duets at build-out. In order to form the District, it will require approval from the District property owner(s), prior to final approval from City Council. This process is discussed in Section II, ‘Impacts of Proposition 218’ of this Report.

As required by the Landscaping and Lighting Act of 1972, the Engineer’s Report includes:
(1) a description of the improvements to be operated, maintained, serviced and replaced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within the District.

The City of Brentwood will hold a public hearing on September 10, 2024, regarding the formation of the District. At the public hearing the City will provide an opportunity for any interested person to be heard. After the public input portion of the public hearing, the City Clerk will tabulate the assessment ballots. If the assessment ballot tabulation is favorable, the City Council may adopt a resolution forming the District and confirming the maximum assessment rates as originally proposed or as modified.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION I Engineer’s Report Fiscal Year 2024-25 INTRODUCTION
2 Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION II Engineer’s Report Fiscal Year 2024-25 PROPOSITION 218
3 SECTION II
IMPACT OF PROPOSITION 218
FORMATION OF LIGHTING & LANDSCAPE ASSESSMENT DISTRICT No. 24-2 (TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These procedures stipulate that even if assessments are initially exempt from Proposition 218, new or future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessment was anticipated in the property owner approved assessment formula (e.g., CPI increase or assessment cap) then the assessment increase is compliant with the intent and provisions of Proposition 218.

In order to form the District, it will require voter approval from the District property owner(s), prior to final approval from City Council. In order to comply with the requirements of Proposition 218, the City of Brentwood has implemented the following procedures:
1) Every property owner within the District will be mailed a ballot, which allows the property owners to cast their votes either in favor or against the proposed formation of the assessment district. A notice describing the assessment, the individual property owner’s maximum annual assessment rate, the duration of the assessment, the reason for the assessment, and the basis upon which the assessment is calculated will accompany the ballots.
2) After the close of the public input portion of the public hearing, the ballots, which have been returned to the City Clerk will be tabulated to determine whether a majority protest against the formation of the District exists. 3) When tabulating the assessment ballots, they will be weighted based on their proportionate maximum assessment amount.
4) Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not used for business purposes similar to private residential,

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION II Engineer’s Report Fiscal Year 2024-25 PROPOSITION 218
4 commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

All property owners will be noticed in accordance with Proposition 218 a minimum of 45 days prior to the public hearing, unless a shorter notice period is agreed to by all affected property owners. After the public hearing and after the ballots have been tabulated, if a majority of the weighted ballots are in favor of the assessment, then the City Council may adopt a resolution forming the District and confirming the maximum assessment rate.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 ENGINEER'S REPORT 5 SECTION III

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), Proposition 218 and in accordance with the Resolution of Intention accepting the Preliminary Engineer’s Report, adopted by the City Council of the City of Brentwood, on July 23, 2024, and in connection with the proceedings for:

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-2 (TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25
Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the Parks & Recreation Department and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and is on file in the Office of the Parks & Recreation and Engineering Department.

PART C: ASSESSMENT DIAGRAM
This part incorporates by reference a diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. The diagram has been prepared by the Engineer of Work and is on file in the Office of the Brentwood City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 ENGINEER'S REPORT 6 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the maximum amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Brentwood City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART A
7 PART A

PLANS AND SPECIFICATIONS
The facilities, constructed that benefit the District, and those which may be subsequently operated, maintained, serviced, and replaced are generally described as follows:

The operation, maintenance, servicing and replacement of streetlighting, landscaping, walls, monuments, trails, parks, open space areas, and associated facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation, maintenance, servicing and replacement of the facilities as described below.

Streetlighting Facilities Along Arterial and Major Roadways Median and roadside street lights located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B-2) and described in Table 2 of this Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Landscaping Facilities Along Arterial and Major Roadways Median and roadside landscaping facilities located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B2) and described in Table 3 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Parks Facilities
Community and neighborhood parks and open space facilities as shown on the Parks Benefit Boundary Diagram (Appendix page B-3) and described in Table 4 of this Report consist of, but are not limited to parks, open space, drainage areas, creeks, ponds, pathways, landscaping, trees, shrubbery, sidewalks, tot lots, park equipment, playgrounds, fences, etc. including the removal of trash and debris, and other appurtenant facilities within the public park areas, public rights-of-way, and easements benefitting parcels within the boundaries of the District.

In-Tract Streetlighting Facilities
In-tract streetlights located along in-tract roadways of the District are shown on the InTract Benefit Boundary Diagram (Appendix page B-4) and described in Table 5 of this

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART A
8 Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

In-Tract Landscaping Facilities
In-tract landscaping facilities located within or adjacent to the District are shown on the In-Tract Benefit Boundary Diagram (Appendix page B-4) and described in Table 6 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, monuments, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Trail Facilities
Maintenance of trail facilities as shown on the Trail Benefit Diagram (Appendix page B-5) and described in Table 7 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of open space areas, trails, etc. including landscaping, irrigation, hardscapes, pathway materials, removal of trash and debris, and other appurtenant facilities within the public rights-of-way and easements that benefit parcels within the boundaries of the District.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART B
9 PART B

ESTIMATE OF COST
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of each LLAD. The Act provides that the total cost of operation, maintenance, servicing and replacement of the street lighting, landscaping, trails, parks, open space areas, and associated facilities, etc. can be recovered by each LLAD.

Incidental expenses including administration of the LLADs, engineering fees, legal fees and all other associated costs of the District can also be included.

Table No. 1 on the following page shows the total operation, maintenance, servicing, and replacement budgets upon completion of all improvements which could be assessed against the benefiting parcels within the District in FY 2024-25 dollars.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART B
10 Revenues collected from the assessment shall be used only for the purposes as stated herein. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year.

FY 2024-25 LLAD Other Other Non- General
Improvement Type Cost No. 24-2 LLAD Parcels 1 LLAD Parcels 2 Benefit 3 Arterial Streetlighting $412,637.59 $988.31 $315,560.10 $84,500.51 $11,588.67 Arterial Landscaping $4,417,302.28 $11,969.13 $3,821,674.31 $511,682.93 $71,975.91 Community and Neighborhood Parks $9,260,167.53 $13,860.88 $7,903,110.85 $1,028,493.98 $314,701.82 In-Tract Streetlighting4 $5,550.00 $5,439.00 N/A N/A $111.00 In-Tract Landscaping4 $19,825.41 $19,428.90 N/A N/A $396.51 Trail Landscaping $1,113,292.39 $10,950.69 $896,746.48 $127,664.75 $77,930.47 Maintenance Subtotal $15,228,775.20 $62,636.91 $12,937,091.74 $1,752,342.17 $476,704.38 Local In-Tract Reserves
Capital Reserves5 $6,216.98 $6,216.98 NA NA NA
Operating Reserves/Contingency5 $6,343.86 $6,216.98 NA NA $126.88 Reserves Subtotal $12,560.84 $12,433.96 NA NA $126.88
Total $15,241,336.04 $75,070.87 $12,937,091.74 $1,752,342.17 $476,831.26 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs. 2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are included in the cost estimate shown for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 24-2 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 1 - LLAD No. 24-2 Cost Estimate (FY 2024-25 Dollars) Special Benefit

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART C
11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are completely within the boundaries of the City of Brentwood. The Assessment Diagram is on file in the Office of the City Clerk of the City of Brentwood and shown on the following page of this Report. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram for the District is included on the following page.

City of Brentwood
LLAD No. 24-2 (Trumark Trailside) Assessment Diagram
Legend
LLAD 24-2 Boundary
Parcel Lines
±
150 75 0 150 300
Feet
APN
019-092-013
APN
019-092-034

ASHBOURNE PL

BRAMPTON PL

MONTCLAIR PL

STRATHAVEN PL

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which includes, but is not limited to the operation, maintenance, servicing and replacement of street lighting, landscaping, trails, park, and open space area facilities.

Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.

Article XIIID provided that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. Additionally, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed.

ASSESSMENT METHODOLOGY
The operation, maintenance, servicing, and replacement costs for the landscaping, streetlighting, parks, open space areas, and trail facilities are apportioned in accordance with a methodology that is consistent with standard assessment engineering practices.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
14 Since the assessments are levied on the owners of properties as shown on the secured property tax rolls, the final assessments must be assigned by Assessor's Parcel Number.

If assessments were to be allocated by parcel, not considering land use, benefit would not be allocated accurately, because a single-family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are allocated to each parcel of land based on the benefit received by each parcel. The assessment methodology is based on Equivalent Dwelling Units (EDUs) as discussed below.

Single-Family Residential Parcels - The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents approximately 90% of the parcels within the City. Therefore, the single-family residential parcel is defined as one EDU per parcel. The assessment methodology used to assign EDUs to other land uses in proportion to the special benefit they receive relative to the single-family residential parcel is discussed below.

Condominium, Duet, Townhome and Mobile Home Parcels - Condominiums, duets, townhomes, and mobile homes on average have approximately 75% of the building square footage compared to a single-family home. Furthermore, studies consistently show that these types of residential products impact public infrastructure approximately 75% as much as a single-family residential parcel. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home.

Furthermore, studies consistently show that multi-family residential units impact public infrastructure approximately 50% as much as a single-family home. Therefore, all multifamily parcels are assessed 0.50 EDUs per unit.

Non-Residential Parcels - Commercial, industrial, institutional, and other non-residential properties are assessed at three (3) EDUs per acre of land. The 3.00 EDU per acre allocation is based upon the average size of a single-family parcel in the City of Brentwood which is approximately 1/6 of an acre. For every acre of non-residential land approximately 6 single-family homes could be constructed on that acre of land which would equate to 6.00 EDUs per acre. Furthermore, it was determined that NonResidential parcels benefit less than residential properties from the authorized improvements because their employees have less time and opportunity to use and benefit from the improvements, than residents who live within the City. Employees typically benefit or may use the improvements before work, during breaks and at lunch, or after work. Residents have the ability to use the improvements during the same times and on weekends and holidays, since they reside in the area. Based on this information, it is reasonable to assume that for non-residential property the opportunity to use and benefit from the improvements is approximately 50% of that realized by residential properties.

Therefore, EDUs assigned to non-residential property are assessed three (3) EDUs per acre of land because they have been discounted by 50% to account for the differences in benefit from improvements conferred on residential and non-residential property.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
15 Undeveloped Parcels – All undeveloped properties are assessed at 25% of the developed EDUs assigned for each parcel of land based on the properties land use classification.

Undeveloped properties benefit less from the improvements than developed property because undeveloped properties do not have structures which house residents or utilize employees. However, the improvements funded by the City’s LLADs do benefit undeveloped property because improvements have already been installed that allows for development to occur and to use the improvements immediately upon the initiation of development making the property more attractive. Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property.

To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure. Based upon the review, it was determined that approximately 25% of the assessed value of developed property in the City is associated with the underlying land.

Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property.

Therefore, EDUs assigned to undeveloped residential and non-residential property have been discounted by 75% to account for the differences in benefit from improvements conferred on developed and undeveloped property.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an APN by the County), and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities (such as office buildings like a City Hall, etc.). Also exempted from the assessment would be utility rights-of-ways, common areas (such as in condominium complexes), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Furthermore, parcels within the District may be assessed as developed once the final maps have been approved by the City of Brentwood and/or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
16 QUANTIFICATION OF BENEFIT
The District will provide a funding source for the operation, maintenance, servicing and replacement of streetlighting, landscaping, park, and open space area facilities authorized under the statute that benefit properties within the boundaries of the District. As previously discussed, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed. In order for the City to separate out the costs associated with general and special benefits for each improvement type, an analysis of each improvement was conducted as described below.

Streetlighting Along Arterial and Major Roadways
Streetlighting located along the City’s arterial and major roadways provide a benefit to parcels inside and outside the City. The benefits from streetlights are enhanced illumination which allows for:
• Safer vehicle and pedestrian access to and from property. • Enhanced deterrence of criminal or suspicious activity such as property theft, vandalism, criminal acidity, illegal dumping, and damage to improvements and property.
• Improved ability of pedestrians and motorists to see. • Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Increased nighttime visibility resulting in enhanced safety on roads, streets, and in public areas.

To determine which properties benefit from streetlighting along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g., neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
17 utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced streetlighting improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. The aggregated EDU assignments for each categorization of property determined that 2.81% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 97.19% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a special and direct benefit to the parcels within the City and 2.81% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a general benefit.

Streetlighting Along Arterial and Major Roadway Cost Allocation The 1,396 roadside and median streetlights located along arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $412,638 per year to maintain in FY 2024-25 dollars. The cost to maintain the streetlighting along the arterial and major roadways are spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified to be within the Arterial and Major Roadway Benefit Boundary equate to 25,678 EDUs which results in an annual cost allocation of $16.07 per EDU in FY 2024-25 dollars. As previously discussed,

97.19% of the annual cost to operate and maintain the streetlights would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary.

Table No. 2 shows the streetlight cost allocation associated with arterials and major roadways.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
18 Landscaping Along Arterial and Major Roadways
Landscaping located along the City’s arterial and major roadways provide a benefit to parcels within and outside the City. The benefits from landscaping include enhanced beautification which allows for:
• Enhanced desirability of property through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties.
• Enhanced beautification to the adjacent developments. • Increased sense of pride in ownership of property within the LLADs resulting from well-maintained improvements associated with the properties. • Enhanced quality of life through well-maintained green space and landscaped areas.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the LLADs through well-maintained surroundings and amenities including abatement of graffiti.
• Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise.

To determine which properties benefit from landscaping along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g. neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial LLAD No. 24-2
LLAD Other Other Non General Cost per EDU
Improvement No. 24-2 LLAD Parcels LLAD Parcels Benefit (FY 2024-25 Type 0.24% 76.47% 20.48% 2.81% Dollars)1
Arterial and Major Roadway
Streetlighting $988.31 $315,560.10 $84,500.51 $11,588.67 $16.07 1 The LLAD No. 24-2 Cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Special Benefit
Table No. 2 - Arterial and Major Roadway Street Lighting Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
19 and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced landscaping improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. It was determined that parcels within the categories that are not in a LLAD benefit less than parcels within the LLADs due to the proximity of the landscaping to the properties within the LLADs. This finding resulted in the EDUs assigned to parcels in the City and not in a LLAD and parcels outside the City being reduced by 50%. The aggregated EDU assignments for each categorization of property determined that 1.63% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 98.37% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a special and direct benefit to the parcels within the City and 1.63% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a general benefit.

Landscaping Along Arterial and Major Roadway Cost Allocation The 117.493 acres of City-maintained landscaping along the arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $4,417,302 per year to maintain in FY 2024-25 dollars. The cost to maintain the arterial and major roadway landscaping is spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified on the Arterial and Major Roadway Benefit Boundary equate to 22,697 EDUs which results in an annual cost

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
20 allocation of $194.62 per EDU in FY 2024-25 dollars. As previously discussed, 98.37% of the annual cost to operate and maintain the roadside and median landscaping would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary. Table 3 shows the landscaping cost allocation associated with arterials and major roadways.

Park Facilities
The City of Brentwood’s General Plan policy is aimed at ensuring that recreational opportunities will continue to exist throughout the City and that an adequate park system continues to be developed and maintained to serve the City. In keeping with these policies, the City Council formed a Citywide Park Assessment district for park maintenance in 1997 to secure a funding mechanism for a portion of the benefits and associated costs to maintain community parks and neighborhood parks. In addition, the City’s LLADs were also established to fund park costs associated with each benefiting property for the community and neighborhood parks that could not be funded from the Citywide Park Assessment District. For the purposes of this report, community parks are defined as typically being larger parks that are designed with amenities to serve the City as a whole as described further in the Parks, Trails and Recreation Master Plan originally approved on August 23, 1994 and subsequently approved on June 25, 2002.

Neighborhood parks are defined as being generally smaller than community parks and typically benefit those residents located within a one-half mile radius from the park and as further defined within the Parks, Trails and Recreation Master Plan previously referenced.

There are 99 Parks spread throughout the City serving a population of approximately 67,000 residents. Community and neighborhood parks provide a special and direct benefit to the parcels within the City. The special and direct benefit to the parcels consists of enhanced recreational opportunities, including baseball, soccer, swimming, basketball, walking, jogging, etc. and the use of improvements such as: picnic tables, barbequing, playground equipment, community center rooms, green spaces, benches, bioswales, etc.

The parks and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, environmental and health benefits, community gathering places, and an overall improved and healthier community image, etc. If these park improvements were not installed, property within the City’s LLADs would not look as appealing to property owners, prospective property buyers, and patrons alike, which would adversely affect the value of their property. Based on the Parks and Economic Development Report LLAD No. 24-2
LLAD Other Other Non General Cost per EDU
No. 24-2 District Parcels District Parcels Benefit (FY 2024-25 Improvement Type 0.27% 86.52% 11.58% 1.63% Dollars)1
Arterial and Major Roadway
Landscaping $11,969.13 $3,821,674.31 $511,682.93 $71,975.91 $194.62 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Special Benefit
Table No. 3 - Arterial and Major Roadway Landscaping Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
21 published in the American Planning Association, homes adjacent and near parks and open space are typically valued at 8-20% higher than comparable properties, with positive price effect declining to zero about ½ mile away. Therefore, park improvements provide a special and direct benefit to property located within ½ miles of park improvements.

Furthermore, the Brentwood Parks, Trails, and Recreation Master Plan development guidelines as previously referenced herein, states that, neighborhood parks should service residents within a ½ mile +/- radius or approximately 1,000 to 2,000 people. The City maintains on average one neighborhood park per 800 residents. In addition to the special and direct benefits the property owners receive within the City from these enhanced park improvements, there are also some incidental benefits received by residents located from outside the City that may utilize the City’s community and neighborhood parks. Even though these are incidental benefits, they must be accounted for and cannot be assessed to the properties within the City’s LLADs.

Based on park user data, it is conservatively estimated that approximately 95% of the benefits associated with community parks are of benefit to property within the City and 98% of the benefits associated with neighborhood parks are of a special and direct benefit to properties within ½ mile distance (+/-). Therefore, 95% of the costs to annually operate, maintain, service and replace the community parks and 98% of the costs to annually operate, maintain, service and replace the neighborhood parks would be a special and direct benefit to the parcels within the City, and 5% and 2%, respectively of the annual costs to operate, maintain, service and replace the parks would be a general benefit.

Park Facilities Cost Allocation
The approximate 253.06 acres of community and neighborhood parks within the Park Benefit Boundary cost approximately $9,260,168 to maintain in FY 2024-25 dollars. The cost to maintain the parks is spread to all benefiting parcels identified within the Parks Benefit Boundary.

The community parks within the Park Benefit Boundary cost approximately $4,316,616 to maintain in FY 2024-25 dollars. As previously discussed, 95% of the annual cost to operate and maintain community parks is considered a special and direct benefit to the parcels within the park benefit boundary and 5% of the annual cost to operate and maintain community parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,840 EDUs, which results in an annual cost allocation of $84.83 per EDU in FY 2024-25 dollars for community parks. Table 4A shows the cost allocation associated with community parks.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
22 The neighborhood parks within the Park Benefit Boundary cost approximately $4,943,552 to maintain in FY 2024-25 dollars. As previously discussed, approximately 98% of the annual cost to operate and maintain neighborhood parks is considered a special and direct benefit to the parcels within the park benefit boundary and 2% of the annual cost to operate and maintain neighborhood parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,840 EDUs, which results in an annual cost allocation of $140.55 per EDU in FY 2024-25 dollars for neighborhood parks.

Table 4B shows the cost allocation associated with neighborhood parks.

The total annual cost allocation needed to maintain the community and neighborhood parks within the Park Benefit Boundary is $225.38 per EDU in FY 2024-25 dollars as summarized in Table 4C below.

In-Tract Streetlighting
To determine which properties benefit from in-tract or development specific streetlighting a benefit analysis was performed. Streetlighting located along and adjacent to the in-tract streets provide a special and direct benefit to parcels within the developments. The special and direct benefits from streetlights within the development consists of enhanced illumination which allows for safer vehicle and pedestrian access to and from property. In addition, this enhanced illumination helps deter criminal or suspicious activity such as property theft, vandalism, illegal dumping, etc.

LLAD No. 24-2
LLAD Other Other Non General Cost per EDU
Improvement No. 24-2 District Parcels District Parcels Benefit (FY 2024-25 Type 0.12% 85.91% 8.97% 5.00% Dollars)1
Parks $5,217.05 $3,708,456.69 $387,111.30 $215,830.79 $84.83 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Special Benefit
Table No. 4A - Community Park Cost Allocation
LLAD No. 24-2
LLAD Other Other Non General Cost per EDU
Improvement No. 24-2 District Parcels District Parcels Benefit (FY 2024-25 Type 0.17% 84.85% 12.97% 2.00% Dollars)1
Parks $8,643.83 $4,194,654.16 $641,382.68 $98,871.03 $140.55 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Table No. 4B - Neighborhood Park Cost Allocation
Special Benefit
Community Park Neighborhood Park Parks
Cost per EDU Cost per EDU Cost per EDU
$84.83 $140.55 $225.38
Table No. 4C - Parks FY 2024-25 Annual Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
23 Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along in-tract roadways within the development would be a special and direct benefit to the parcels within the City’s LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract street lighting were assigned to properties located outside of the development.

Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a special and direct benefit to the parcels within each development and 2% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a general benefit.

In-Tract Streetlighting Cost Allocation
The thirty-seven (37) in-tract streetlights within the In-Tract Benefit Boundary cost approximately $5,550 to maintain in FY 2024-25 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract streetlights is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary. The parcels identified on the In-Tract Benefit Boundary equate to 61.50 EDUs which results in an annual cost allocation of $88.44 per EDU in FY 2024-25 dollars. Table 5 shows the cost allocation associated with in-tract streetlights.

LLAD No. 24-2
LLAD General Cost per EDU
Improvement FY 2024-25 No. 24-2 Benefit (FY 2024-25
Type Cost 98.00% 2.00% Dollars)1
In-Tract Streetlighting $5,550.00 $5,439.00 $111.00 $88.44 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Table No. 5 - Local In-Tract Streetlighting Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
24 In-Tract Landscaping
To determine which properties benefit from in-tract or development specific landscaping a benefit analysis was performed. Landscaping located along and adjacent to the in-tract streets provide a special and direct benefit to parcels within the development. The special and direct benefits from in-tract landscaping within the development consists of enhanced beautification to the entrances and along the roadsides within the development. Property owners who reside within these developments realize this enhanced aesthetic benefit when they are entering and exiting the development. If these in-tract landscape improvements were not installed, the developments would not look as appealing to property owners and prospective property buyers which would adversely affect the value of their property. Therefore, these landscape improvements provide a specific enhancement to their property values and not a general enhancement of property values.

Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along in-tract roadways within the development would be a special and direct benefit to the parcels within the LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned was applied to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract landscaping were assigned to properties located outside of the development. Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a special and direct benefit to the parcels within the development and 2% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a general benefit.

In-Tract Landscaping/Fencing and Soundwall Cost Allocation The 1.97 acres of in-tract landscaping and 630 square feet of soundwall within the InTract Benefit Boundary cost approximately $19,826 to maintain in FY 2024-25 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract landscaping is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary.

The parcels identified on the In-Tract Benefit Boundary equate to 61.50 EDUs which results in an annual cost allocation of $315.92 per EDU in FY 2024-25 dollars. Table 6 shows the cost allocation associated with in-tract landscaping.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
25 Trails
Trails provide special and direct benefits to the parcels located within a certain proximity to the trails. These special and direct benefits consist of enhanced recreational opportunities such as walking, jogging, biking, etc. within and along their developments.

These benefits allow for:
• Increases in options to exercise and incorporate recreational opportunities into daily routines.
• Increases in opportunities to travel and connect with places people may need or want to go.
• Enhanced environmental opportunities because of improvement in air quality due to people utilizing the trail verse driving to nearby destinations. • Specific enhancements in property values due to the increase in walkability of an area and the increase in amenities.

In addition, the trails provide general benefits to the public-at-large since it is a public trail system and anyone from the public can access it. To determine who is most likely to use trails, the City’s Parks and Recreation Department staff performed a trail user survey over multiple days at different times and locations along existing trail segments over a threemonth period. Based upon their survey findings, ninety-three percent (93%) of trail users were benefitting property owners located both within the City and those outside the City limits, who lived within ½-mile (+/-) of trails. The ½-mile benefit boundaries from each respective trail can vary slightly for trail segments due to the location of geographical features and major roadways. Therefore, it is estimated that 93% of the annual cost to operate, maintain, service and replace the trail improvements would be a special and direct benefit to the parcels within the ½-mile (+/-) distance both within and outside the City and 7% of the annual cost to operate, maintain, service and replace the trail improvements would be a general benefit. Special benefits assigned to properties that lie within a ½ mile (+/-) of trails that are not within a LLAD (in or outside the City), are special benefits that will be paid by the City because they cannot be assessed to parcels within LLADs. Only the benefits associated with properties within the City and within a LLAD that are within a ½ mile (+/-) distance of trails will be assessed.

LLAD No. 24-2
LLAD General Cost per EDU
Improvement FY 2024-25 No. 24-2 Benefit (FY 2024-25
Type Cost 98.00% 2.00% Dollars)1
In-Tract Landscaping/Fencing and Soundwalls $19,825.41 $19,428.90 $396.51 $315.92 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Table No. 6 - Local In-Tract Landscaping Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
26 Trails Assessment Allocation
The 27.782 acres of trails within the District Trail Benefit Boundary (Appendix B) cost approximately $1,113,293 to maintain in FY 2024-25 dollars. As previously discussed, 93% of the annual cost to operate and maintain these trail segments are a special and direct benefit to the parcels within the Trail Benefit Boundary and is spread to all benefitting parcels within the Trail Benefit Boundary. The parcels identified to be within the Trail Benefit Boundary equate to 5,815 EDUs which results in an annual cost allocation of $178.06 per EDU in FY 2024-25 dollars. Table No. 7 below shows the cost allocation associated with the District Trail Benefit Boundary.

DISTRICT MAXIMUM ASSESSMENT RATE
The maximum assessment rate may be adjusted each subsequent fiscal year to correspond with the annual increase in the San Francisco Bay Area Urban Wage Earners Consumer Price Index from December to December of each year (Base Year of 2023), or 2% whichever is greater.

Parcels within the District become assessable once the final maps have been approved by the City of Brentwood or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected in the ensuing fiscal year.

The following table outlines the total maximum assessment rate in FY 2024-25 dollars.

LLAD No. 24-2
LLAD Other District Non District General Cost per EDU
Improvement No. 24-2 Parcels Parcels Benefit (FY 2024-25 Type 0.98% 80.55% 11.47% 7.00% Dollars)1
City Trails $10,950.69 $896,746.48 $127,664.75 $77,930.47 $178.06 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Table No. 7 - Trail Cost Allocation
Special Benefit

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
27 Other Other Non LLAD No. 24-2
LLAD No. 24-2 District Parcel District Parcel Rate per EDU FY 2024-25 Special Special Special General (FY 2024-25
Improvement Type Cost Benefit Benefit1 Benefit2 Benefit3 Dollars) Arterial and Major Roadway Streetlighting $412,637.59 $988.31 $315,560.10 $84,500.51 $11,588.67 $16.07 Arterial and Major Roadway Landscaping $4,417,302.28 $11,969.13 $3,821,674.31 $511,682.93 $71,975.91 $194.62 Community and Neighborhood Parks $9,260,167.53 $13,860.88 $7,903,110.85 $1,028,493.98 $314,701.82 $225.38 In-Tract Streetlighting4 $5,550.00 $5,439.00 N/A N/A $111.00 $88.44 In-Tract Landscaping4 $19,825.41 $19,428.90 N/A N/A $396.51 $315.92 Trail Landscaping $1,113,292.39 $10,950.69 $896,746.48 $127,664.75 $77,930.47 $178.06 Subtotal $15,228,775.20 $62,636.91 $12,937,091.74 $1,752,342.17 $476,704.38 $1,018.49 Local In-Tract Reserves
Capital Reserves5 $6,216.98 $6,216.98 N/A N/A N/A $101.09 Operating Reserves/Contingency5 $6,343.86 $6,216.98 N/A N/A $126.88 $101.09 Subtotal $12,560.84 $12,433.96 N/A N/A $126.88 $202.18
Total $15,241,336.04 $75,070.87 $12,937,091.74 $1,752,342.17 $476,831.26 $1,220.67 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs.
2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are included in the cost estimate for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 24-2 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 8 - Total Maximum Assessment Calculation (FY 2024-25 Dollars)

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART E
28 PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel proposed for the District is shown on the last equalized Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the maximum proposed amount of assessments apportioned to each lot or parcel. The Maximum Assessment Roll is on file in the Office of the City Clerk of the City of Brentwood and is shown in this Report as Appendix “A”.

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 APPENDIX A
A-1

APPENDIX A

MAXIMUM ASSESSMENT ROLL

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 APPENDIX A
A-2
Assessor Parcel Development FY 2024-25
Number(s) Name Maximum Assessment
019-092-013 Trumark Trailside $46,385.25
019-092-034 Trumark Trailside $28,685.62
LLAD No. 24-2 (Trumark Trailside)

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 APPENDIX B
B-1

APPENDIX B

BENEFIT BOUNDARY DIAGRAMS

*
*
Street Lighting and Landscaping along Arterial and Major Roadways Benefit Boundary Diagram
LLAD No. 24-2
¯ 0 2,500 5,000
Feet
4 4
Brentwood Blvd
Sellers Ave
Sunset Rd
Concord Ave
Byron Hwy
Bixler Rd
Chestnut St
Brentwood Blvd
Minnesota Ave
Trumark Trailside
Project Site
B-2
Neroly Rd Delta Rd
Brentwood Blvd
O'Hara Ave
Sycamore Ave
Sand Creek Rd
Oak St
Lone Tree Wy
Fairview
Ave
Empire Ave
Shady Willow Ln
Jeffrey Wy Sand Creek Rd
Balfour Rd
Central Blvd
Fairv ei w
Ave
Griffith Ln
Walnut Blvd
Vineyards Pkwy
Legend
LLAD No. 24-2 Boundary
City Limit
Parcel Lines
Parcels outside of City Limits - East/South Bound
Parcels outside of City Limits - North/West Bound
Parcels within City Limits
City Arterial/Major Roadways

LLAD No. 24-2
Parks Benefit Diagram
Lone Tree Wy
Sand Creek Rd
Balfour Rd
Brentwood Blv
F
d
airview
Ave
Minnesota Ave
Grant St
O'Hara Ave
Brentwood Blvd
John Muir Pkwy
4 ¯
Sunset
Park
Aquatic Complex
& Skate Park
King
Park
Miwok Park
Oak Meadow
Park
Apple Hill
Park
Arbor View
Park
Garin
Park
Summerset
Commons
Park
Sand Creek
Soccer
Trumark Trailside
Project Site
B-3
4 2,000 1,000 0 2,000
Feet
Legend
LLAD No. 24-2 Boundary
City Limit
Parcel Lines
Parcels within the
Neighborhood Park Boundary
Community Park
Neighborhood Park

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City of Brentwood - LLAD No. 24-2 In-Tract Benefit Diagram

PONZA ST

ARIONE ST

SLEPPY ST
SLE
P
P
Y
S
T
S
T
R
AT
H
AV
E
N
PL
P
O
N
Z
A
S
T
P
O
N
Z
A
S
T
± 150 75 0 150
Feet
Legend
LLAD 24-2 Boundary
Parcel Lines
Proposed Landscaping
Proposed Pathway
!( Proposed Streetlights
Proposed 6ft Masonry Wall

ASHBOURNE PL
WAT
E
R
S
T
Parcel B
Parcel A
B-4 Page 104 of 478
City of Brentwood - LLAD No. 24-2 Trail Benefit Diagram B-5
Trumark Trailside
Project Site
Fairview
Ave
Brentwood Blvd
O
H' ara Ave
E
mpire Ave
Lone Tree Wy
Sand Creek Rd
4 850
¯0 850
Feet
Legend
LLAD No. 24-2 Boundary
City Limit
Parcel Lines
Grant Street Trail Benefit Boundary
Parcels within Grant Street Trail Benefit Boundary
Grant Street Trail

CITY COUNCIL AGENDA ITEM NO. F.7
07/23/2024
SUBJECT: Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates) DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Adopt a resolution initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates); declaring the intention to levy and collect assessments; and setting the date of September 10, 2024, at 7:00 p.m. or at such time thereafter that the matter can be heard for the Public Hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.

FISCAL IMPACT
Upon build-out of the development, the City will have authorization to collect the maximum annual assessment revenue of approximately $8,606 (in FY 2024-25 dollars) from the residential parcels within the Inez Estates project. The maximum annual assessment revenues for Landscape & Lighting Assessment District No. 24-3 (Inez Estates) will be increased each fiscal year based upon the prior year’s change in the San Francisco Bay Area Urban Wage Earners Consumer Price Index and will fund the special benefit portion of the maintenance, operation, servicing, replacement, and administration expenses associated with City improvements that benefit the project. The annual costs for Landscape & Lighting Assessment District No. 24-3 (Inez Estates) attributed to the public at large of approximately $420 will be funded by the General Fund.

To ensure the Landscape & Lighting Assessment Districts are self-supporting, each district has an administrative cost factored into the maximum assessment rate during formation to cover creation of annual Engineer’s Reports and levying of assessments.

Funds to cover the costs associated with the formation of the Landscape & Lighting District have been deposited with the City by the developer.

BACKGROUND

CITY COUNCIL AGENDA ITEM NO. F.7
07/23/2024
The proposed formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates) will consist of 8 single-family homes at build-out, located south of Lone Tree Way and west of Gann Street.

The project is conditioned to provide a funding mechanism to offset the annual operation, maintenance, and future capital replacement costs attributed to City streetlights, landscaping, open space areas, trails, and park improvements which benefit the properties located within this project.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that an Engineer’s Report be generated for the formation of any new assessment district or any annexations into existing assessment districts. The Engineer’s Report identifies public improvements to be maintained, as well as the maximum annual assessment rates to be levied on properties benefiting from these improvements. The 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 district was originally formed, plus an annual cost of living adjustment.

This report will set the maximum annual assessment rates for the new assessment district being proposed.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that all formations of assessment districts receive voter approval, from the affected property owner(s), and a public hearing be held, prior to final approval from the City Council.

The adoption of the attached resolution will trigger the noticing and balloting period and the mailing of these notices and ballots to the affected property owner(s). 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 September 10, 2024. 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 of property owners do not oppose the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates). If a majority of property owners are not opposed, City Council may adopt a resolution confirming the diagram and assessments to form Landscape & Lighting Assessment District No. 24-3 (Inez Estates).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

CITY COUNCIL AGENDA ITEM NO. F.7
07/23/2024

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTIONS
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation. Not approving this action will result in the inability of the City to levy assessments in Fiscal Year 2024/25 to fund the operation, maintenance, and replacement of public improvements associated with Landscape and Lighting Assessment District No. 24-3 (Inez Estates), and will result in funding obligations of the General Fund.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

ATTACHMENTS

1. Previous Action

2. Resolution

3. Preliminary Engineer’s Report – LLAD No. 24-3 (Inez Estates)

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

Actions were taken in previous years to form the City’s 67 existing Landscape & Lighting Assessment Districts.

On March 23, 2021, by Resolution No. 2021-32, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute a Professional Services Agreement with Francisco for a two-year term, in an amount not to exceed $229,900 per agreement year for assessment engineering services for Fiscal Years 2021/22 and 2022/23. In addition, the two-year agreement included an option to extend the agreement for two additional one-year terms.

On March 14, 2023, by Resolution No. 2023-25, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute an amendment to extend the agreement for Fiscal Year 2023/24, for the first of the two allowable optional one-year terms in an amount not to exceed $229,900.

On March 26, 2024, by Resolution No. 2024-29, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute an amendment to extend the agreement for Fiscal Year 2024/25, for the second of the two allowable optional one-year terms in an amount not to exceed $229,900.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

INITIATING AND DECLARING THE INTENTION TO ORDER THE FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-3 (INEZ ESTATES);

DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING THE DATE OF SEPTEMBER 10, 2024, AT 7:00 P.M. OR AT SUCH TIME

THEREAFTER THAT THE MATTER CAN BE HEARD FOR THE PUBLIC HEARING

IN ACCORDANCE WITH THE PROVISIONS OF THE STREETS & HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972” AND CALIFORNIA PROPOSITION 218.

WHEREAS, as required by Section 22585 of the California Streets and Highways Code, the City Council of the City of Brentwood is to adopt a resolution initiating proceedings in which it proposes the formation of an assessment district under the Landscaping and Lighting Act of 1972, describing the improvements of the proposed district, describing the proposed assessment district and specifying the distinctive designation of the district as Landscape & Lighting Assessment District No. 24-3 (Inez Estates), and ordering the preparation of an Engineer’s Report to determine the annual levy of assessments for the district; and
WHEREAS, as required by Section 22586 of the California Streets and Highways Code, and in accordance with provisions of the Landscaping and Lighting Act of 1972, the Engineer of Work has filed a Preliminary Engineer’s Report for Landscape & Lighting Assessment District No. 24-3 (Inez Estates) for Fiscal Year 2024-25 with the City Clerk; and WHEREAS, as required by Section 22587 of the California Streets and Highways Code, the City Council of the City of Brentwood is to adopt a resolution of intention which declares the City Council’s intention to order the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates) for Fiscal Year 2024-25, declares the intention to levy and collect assessments; and gives notice of the time and place for a hearing by the City Council regarding the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates).

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

1. Hereby initiates and declares its intention to order the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates) and declares its intention to levy and collect assessments in said Assessment District.

2. Finds that the improvements to be made in this Assessment District are generally described as the operation, maintenance and servicing of landscaping, irrigation, parks, lighting, and associated facilities located in and along arterial and collector streets and within other public areas as referenced in the Preliminary Engineer’s Report for the Fiscal Year 2024-25 on file with the City Clerk. All interested persons are referred to the Preliminary Engineer’s Report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

3. Declares that on September 10, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, it will conduct a Public Hearing on the question of the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates) and the levy of proposed annual assessments upon the assessable lots and parcels of land within

the Assessment District. The meeting and hearing will be held at the City Council Chambers, 150 City Park Way, Brentwood, California. Property owners may submit, revise, or withdraw ballots by appearing at the City Council Chambers, 150 City Park Way, Brentwood, California, during the course of the hearing for this agenda item.

Ballots may also be submitted by mail to the same address. Public participation is anticipated to be available via Zoom, telephone, or email, as will be enumerated in the agenda for the City Council meeting of September 10, 2024.

4. Authorizes and asks that the City Clerk to give the notice of public hearing required by the Landscaping and Lighting Act of 1972 and Proposition 218.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of July 2024 by the following vote:

Landscaping and LighƟng
Assessment District 24‐3
Inez Estates
Fiscal Year 2024‐25
Preliminary Engineer’s Report
July 23, 2024

Formation of LLAD No. 24-3 (Inez Estates)
Engineer’s Report Fiscal Year 2024-25 TABLE OF CONTENTS i
Page No.

City Directory.........................................................................................................ii Certificates............................................................................................................iii SECTION I Introduction .................................................................................... 1 SECTION II Impacts of Proposition 218............................................................. .3 SECTION III Engineer’s Report ........................................................................... 5 Part A - Plans and Specifications............................................................... 7 Part B - Estimate of Cost ........................................................................... 9 Part C - Assessment District Diagram...................................................... 11 Part D - Method of Apportionment of Assessment................................... 13 Part E - Property Owner List & Assessment Roll ..................................... 28 Appendix A – Maximum Assessment Roll ......................................................... A-1 Appendix B – Benefit Boundary Diagrams ........................................................ B-1

Formation of LLAD No. 24-3 (Inez Estates)
Engineer’s Report Fiscal Year 2024-25 CITY DIRECTORY
ii

CITY OF BRENTWOOD

FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT No. 24-3
(INEZ ESTATES)
FISCAL YEAR 2024-25

CITY COUNCIL MEMBERS AND CITY STAFF
Joel R. Bryant
Mayor
Susannah Meyer Jovita Mendoza
Vice Mayor Council Member
Pa'tanisha Pierson Tony Oerlemans
Council Member Council Member
Tim Ogden
City Manager
Allen Baquilar Margaret Wimberly
City Engineer City Clerk
Kerry Breen Bruce Mulder
Director of Finance & Information Systems Director of Parks & Recreation Francisco & Associates
Assessment Engineer

Formation of LLAD No. 24-3 (Inez Estates)
Engineer’s Report Fiscal Year 2024-25 CERTIFICATES
iii

ENGINEER'S REPORT

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-3 (INEZ ESTATES)
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer’s Report as directed by the City of Brentwood City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and provisions of the Landscaping and Lighting Act of 1972 commencing with Section 22500 et. seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: June 28, 2024 By:

Eduardo Espinoza, P.E.

CE No. 83709
I HEREBY CERTIFY that the Engineer’s Report, together with the Assessment Roll and Assessment District Diagram thereto attached was filed with me on the ___________ day of _________, 2024.

Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment District Diagram thereto attached, was approved and confirmed by the City Council of the City of Brentwood, Contra Costa County, California, on the ____ ________day of ________, 2024.

Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

Formation of LLAD No. 24-3 (Inez Estates) SECTION I
Engineer’s Report Fiscal Year 2024-25 INTRODUCTION
1 SECTION I

INTRODUCTION
ENGINEER’S REPORT
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-3 (INEZ ESTATES)
FISCAL YEAR 2024-25
To ensure the proper flow of funds for the ongoing operation, maintenance, servicing and replacement of specific improvements within the City of Brentwood (the “City”), the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of sixty-seven (67) Landscape & Lighting Assessment Districts (LLADs) and is currently proposing the formation of one (1) additional LLAD, which is the purpose of this Report. Improvements, which may be operated, maintained, serviced, and replaced by the LLADs, include, but are not limited to, landscaping, park, streetlighting, and trail improvements.

Generally, as a part of the conditions of approval to develop property within the City, property owners/developers are required to mitigate their project’s financial impact to the City. Developers can provide their own financing mechanism to mitigate their impacts or they can form a new LLAD or when applicable, annex into an existing LLAD. The formation of these LLADs ensure that the operation, maintenance, servicing, and replacement costs of these improvements are specifically paid for by those property owners who directly benefit from the improvements.

LLAD No. 24-3 (the “District”) will include the Inez Estates development located south of Lone Tree Way and west of Gann Street. The Inez Estates development will consist of 8 single-family homes at build-out. In order to form the District, it will require approval from the District property owner(s), prior to final approval from City Council. This process is discussed in Section II, ‘Impacts of Proposition 218’ of this Report.

As required by the Landscaping and Lighting Act of 1972, the Engineer’s Report includes:
(1) a description of the improvements to be operated, maintained, serviced and replaced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within the District.

The City of Brentwood will hold a public hearing on September 10, 2024, regarding the formation of the District. At the public hearing the City will provide an opportunity for any interested person to be heard. After the public input portion of the public hearing, the City Clerk will tabulate the assessment ballots. If the assessment ballot tabulation is favorable, the City Council may adopt a resolution forming the District and confirming the maximum assessment rates as originally proposed or as modified.

Formation of LLAD No. 24-3 (Inez Estates) SECTION I
Engineer’s Report Fiscal Year 2024-25 INTRODUCTION
2 Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

Formation of LLAD No. 24-3 (Inez Estates) SECTION II
Engineer’s Report Fiscal Year 2024-25 PROPOSITION 218
3 SECTION II
IMPACT OF PROPOSITION 218
FORMATION OF LIGHTING & LANDSCAPE ASSESSMENT DISTRICT No. 24-3 (INEZ ESTATES)
FISCAL YEAR 2024-25
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These procedures stipulate that even if assessments are initially exempt from Proposition 218, new or future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessment was anticipated in the property owner approved assessment formula (e.g., CPI increase or assessment cap) then the assessment increase is compliant with the intent and provisions of Proposition 218.

In order to form the District, it will require voter approval from the District property owner(s), prior to final approval from City Council. In order to comply with the requirements of Proposition 218, the City of Brentwood has implemented the following procedures:
1) Every property owner within the District will be mailed a ballot, which allows the property owners to cast their votes either in favor or against the proposed formation of the assessment district. A notice describing the assessment, the individual property owner’s maximum annual assessment rate, the duration of the assessment, the reason for the assessment, and the basis upon which the assessment is calculated will accompany the ballots.
2) After the close of the public input portion of the public hearing, the ballots, which have been returned to the City Clerk will be tabulated to determine whether a majority protest against the formation of the District exists. 3) When tabulating the assessment ballots, they will be weighted based on their proportionate maximum assessment amount.
4) Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not used for business purposes similar to private residential,

Formation of LLAD No. 24-3 (Inez Estates) SECTION II
Engineer’s Report Fiscal Year 2024-25 PROPOSITION 218
4 commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

All property owners will be noticed in accordance with Proposition 218 a minimum of 45 days prior to the public hearing, unless a shorter notice period is agreed to by all affected property owners. After the public hearing and after the ballots have been tabulated, if a majority of the weighted ballots are in favor of the assessment, then the City Council may adopt a resolution forming the District and confirming the maximum assessment rate.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 ENGINEER'S REPORT 5 SECTION III

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), Proposition 218 and in accordance with the Resolution of Intention accepting the Preliminary Engineer’s Report, adopted by the City Council of the City of Brentwood, on July 23, 2024, and in connection with the proceedings for:

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-3 (INEZ ESTATES)
FISCAL YEAR 2024-25
Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the Parks & Recreation Department and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and is on file in the Office of the Parks & Recreation and Engineering Department.

PART C: ASSESSMENT DIAGRAM
This part incorporates by reference a diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. The diagram has been prepared by the Engineer of Work and is on file in the Office of the Brentwood City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 ENGINEER'S REPORT 6 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the maximum amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Brentwood City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART A
7 PART A

PLANS AND SPECIFICATIONS
The facilities, constructed that benefit the District, and those which may be subsequently operated, maintained, serviced, and replaced are generally described as follows:

The operation, maintenance, servicing and replacement of streetlighting, landscaping, walls, monuments, trails, parks, open space areas, and associated facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation, maintenance, servicing and replacement of the facilities as described below.

Streetlighting Facilities Along Arterial and Major Roadways Median and roadside street lights located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B-2) and described in Table 2 of this Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Landscaping Facilities Along Arterial and Major Roadways Median and roadside landscaping facilities located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B2) and described in Table 3 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Parks Facilities
Community and neighborhood parks and open space facilities as shown on the Parks Benefit Boundary Diagram (Appendix page B-3) and described in Table 4 of this Report consist of, but are not limited to parks, open space, drainage areas, creeks, ponds, pathways, landscaping, trees, shrubbery, sidewalks, tot lots, park equipment, playgrounds, fences, etc. including the removal of trash and debris, and other appurtenant facilities within the public park areas, public rights-of-way, and easements benefitting parcels within the boundaries of the District.

In-Tract Streetlighting Facilities
In-tract streetlights located along in-tract roadways of the District are shown on the InTract Benefit Boundary Diagram (Appendix page B-4) and described in Table 5 of this

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART A
8 Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

In-Tract Landscaping Facilities
In-tract landscaping facilities located within or adjacent to the District are shown on the In-Tract Benefit Boundary Diagram (Appendix page B-4) and described in Table 6 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, monuments, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Trail Facilities
Maintenance of trail facilities as shown on the Trail Benefit Diagram (Appendix page B-5) and described in Table 7 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of open space areas, trails, etc. including landscaping, irrigation, hardscapes, pathway materials, removal of trash and debris, and other appurtenant facilities within the public rights-of-way and easements that benefit parcels within the boundaries of the District.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART B
9 PART B

ESTIMATE OF COST
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of each LLAD. The Act provides that the total cost of operation, maintenance, servicing and replacement of the street lighting, landscaping, trails, parks, open space areas, and associated facilities, etc. can be recovered by each LLAD.

Incidental expenses including administration of the LLADs, engineering fees, legal fees and all other associated costs of the District can also be included.

Table No. 1 on the following page shows the total operation, maintenance, servicing, and replacement budgets upon completion of all improvements which could be assessed against the benefiting parcels within the District in FY 2024-25 dollars.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART B
10 Revenues collected from the assessment shall be used only for the purposes as stated herein. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year.

FY 2024-25 LLAD Other Other Non- General
Improvement Type Cost No. 24-3 LLAD Parcels 1 LLAD Parcels 2 Benefit 3 Arterial Streetlighting $411,753.00 $128.56 $315,560.10 $84,500.51 $11,563.83 Arterial Landscaping $4,406,717.64 $1,556.96 $3,821,674.31 $511,682.93 $71,803.44 Community and Neighborhood Parks $9,247,717.38 $1,803.04 $7,903,110.85 $1,028,493.98 $314,309.51 In-Tract Streetlighting4 $600.00 $588.00 N/A N/A $12.00 In-Tract Landscaping4 $1,912.30 $1,874.05 N/A N/A $38.25 Trail Landscaping $1,103,049.15 $1,424.48 $896,746.48 $127,664.75 $77,213.44 Maintenance Subtotal $15,171,749.47 $7,375.09 $12,937,091.74 $1,752,342.17 $474,940.47 Local In-Tract Reserves
Capital Reserves5 $615.51 $615.51 NA NA NA
Operating Reserves/Contingency5 $628.07 $615.51 NA NA $12.56 Reserves Subtotal $1,243.58 $1,231.02 NA NA $12.56
Total $15,172,993.05 $8,606.11 $12,937,091.74 $1,752,342.17 $474,953.03 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs. 2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are included in the cost estimate shown for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 24-3 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 1 - LLAD No. 24-3 Cost Estimate (FY 2024-25 Dollars) Special Benefit

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART C
11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are completely within the boundaries of the City of Brentwood. The Assessment Diagram is on file in the Office of the City Clerk of the City of Brentwood and shown on the following page of this Report. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram for the District is included on the following page.

City of Brentwood
LLAD No. 24-3 (Inez Estates) Assessment Diagram
Legend
LLAD 24-3 Boundary
Parcel Lines
±
150 75 0 150 300
Feet

LONE TREE WY

GANN ST
APN
018-080-022
APN
018-080-025

SAGE SPARROW ST

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which includes, but is not limited to the operation, maintenance, servicing and replacement of street lighting, landscaping, trails, park, and open space area facilities.

Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.

Article XIIID provided that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. Additionally, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed.

ASSESSMENT METHODOLOGY
The operation, maintenance, servicing, and replacement costs for the landscaping, streetlighting, parks, open space areas, and trail facilities are apportioned in accordance with a methodology that is consistent with standard assessment engineering practices.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
14 Since the assessments are levied on the owners of properties as shown on the secured property tax rolls, the final assessments must be assigned by Assessor's Parcel Number.

If assessments were to be allocated by parcel, not considering land use, benefit would not be allocated accurately, because a single-family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are allocated to each parcel of land based on the benefit received by each parcel. The assessment methodology is based on Equivalent Dwelling Units (EDUs) as discussed below.

Single-Family Residential Parcels - The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents approximately 90% of the parcels within the City. Therefore, the single-family residential parcel is defined as one EDU per parcel. The assessment methodology used to assign EDUs to other land uses in proportion to the special benefit they receive relative to the single-family residential parcel is discussed below.

Condominium, Duet, Townhome and Mobile Home Parcels - Condominiums, duets, townhomes, and mobile homes on average have approximately 75% of the building square footage compared to a single-family home. Furthermore, studies consistently show that these types of residential products impact public infrastructure approximately 75% as much as a single-family residential parcel. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home.

Furthermore, studies consistently show that multi-family residential units impact public infrastructure approximately 50% as much as a single-family home. Therefore, all multifamily parcels are assessed 0.50 EDUs per unit.

Non-Residential Parcels - Commercial, industrial, institutional, and other non-residential properties are assessed at three (3) EDUs per acre of land. The 3.00 EDU per acre allocation is based upon the average size of a single-family parcel in the City of Brentwood which is approximately 1/6 of an acre. For every acre of non-residential land approximately 6 single-family homes could be constructed on that acre of land which would equate to 6.00 EDUs per acre. Furthermore, it was determined that NonResidential parcels benefit less than residential properties from the authorized improvements because their employees have less time and opportunity to use and benefit from the improvements, than residents who live within the City. Employees typically benefit or may use the improvements before work, during breaks and at lunch, or after work. Residents have the ability to use the improvements during the same times and on weekends and holidays, since they reside in the area. Based on this information, it is reasonable to assume that for non-residential property the opportunity to use and benefit from the improvements is approximately 50% of that realized by residential properties.

Therefore, EDUs assigned to non-residential property are assessed three (3) EDUs per acre of land because they have been discounted by 50% to account for the differences in benefit from improvements conferred on residential and non-residential property.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
15 Undeveloped Parcels – All undeveloped properties are assessed at 25% of the developed EDUs assigned for each parcel of land based on the properties land use classification.

Undeveloped properties benefit less from the improvements than developed property because undeveloped properties do not have structures which house residents or utilize employees. However, the improvements funded by the City’s LLADs do benefit undeveloped property because improvements have already been installed that allows for development to occur and to use the improvements immediately upon the initiation of development making the property more attractive. Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property.

To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure. Based upon the review, it was determined that approximately 25% of the assessed value of developed property in the City is associated with the underlying land.

Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property.

Therefore, EDUs assigned to undeveloped residential and non-residential property have been discounted by 75% to account for the differences in benefit from improvements conferred on developed and undeveloped property.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an APN by the County), and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities (such as office buildings like a City Hall, etc.). Also exempted from the assessment would be utility rights-of-ways, common areas (such as in condominium complexes), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Furthermore, parcels within the District may be assessed as developed once the final maps have been approved by the City of Brentwood and/or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
16 QUANTIFICATION OF BENEFIT
The District will provide a funding source for the operation, maintenance, servicing and replacement of streetlighting, landscaping, park, and open space area facilities authorized under the statute that benefit properties within the boundaries of the District. As previously discussed, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed. In order for the City to separate out the costs associated with general and special benefits for each improvement type, an analysis of each improvement was conducted as described below.

Streetlighting Along Arterial and Major Roadways
Streetlighting located along the City’s arterial and major roadways provide a benefit to parcels inside and outside the City. The benefits from streetlights are enhanced illumination which allows for:
• Safer vehicle and pedestrian access to and from property. • Enhanced deterrence of criminal or suspicious activity such as property theft, vandalism, criminal acidity, illegal dumping, and damage to improvements and property.
• Improved ability of pedestrians and motorists to see. • Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Increased nighttime visibility resulting in enhanced safety on roads, streets, and in public areas.

To determine which properties benefit from streetlighting along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g., neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
17 utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced streetlighting improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. The aggregated EDU assignments for each categorization of property determined that 2.81% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 97.19% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a special and direct benefit to the parcels within the City and 2.81% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a general benefit.

Streetlighting Along Arterial and Major Roadway Cost Allocation The 1,396 roadside and median streetlights located along arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $411,753 per year to maintain in FY 2024-25 dollars. The cost to maintain the streetlighting along the arterial and major roadways are spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified to be within the Arterial and Major Roadway Benefit Boundary equate to 25,622 EDUs which results in an annual cost allocation of $16.07 per EDU in FY 2024-25 dollars. As previously discussed,

97.19% of the annual cost to operate and maintain the streetlights would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary.

Table No. 2 shows the streetlight cost allocation associated with arterials and major roadways.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
18 Landscaping Along Arterial and Major Roadways
Landscaping located along the City’s arterial and major roadways provide a benefit to parcels within and outside the City. The benefits from landscaping include enhanced beautification which allows for:
• Enhanced desirability of property through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties.
• Enhanced beautification to the adjacent developments. • Increased sense of pride in ownership of property within the LLADs resulting from well-maintained improvements associated with the properties. • Enhanced quality of life through well-maintained green space and landscaped areas.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the LLADs through well-maintained surroundings and amenities including abatement of graffiti.
• Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise.

To determine which properties benefit from landscaping along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g. neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial LLAD No. 24-3
LLAD Other Other Non General Cost per EDU
Improvement No. 24-3 LLAD Parcels LLAD Parcels Benefit (FY 2024-25 Type 0.03% 76.64% 20.52% 2.81% Dollars)1
Arterial and Major Roadway
Streetlighting $128.56 $315,560.10 $84,500.51 $11,563.83 $16.07 1 The LLAD No. 24-3 Cost per EDU was determined by dividing the LLAD No. 24-3 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-3.

Special Benefit
Table No. 2 - Arterial and Major Roadway Street Lighting Cost Allocation

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
19 and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced landscaping improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. It was determined that parcels within the categories that are not in a LLAD benefit less than parcels within the LLADs due to the proximity of the landscaping to the properties within the LLADs. This finding resulted in the EDUs assigned to parcels in the City and not in a LLAD and parcels outside the City being reduced by 50%. The aggregated EDU assignments for each categorization of property determined that 1.63% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 98.37% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a special and direct benefit to the parcels within the City and 1.63% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a general benefit.

Landscaping Along Arterial and Major Roadway Cost Allocation The 117.493 acres of City-maintained landscaping along the arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $4,406,718 per year to maintain in FY 2024-25 dollars. The cost to maintain the arterial and major roadway landscaping is spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified on the Arterial and Major Roadway Benefit Boundary equate to 22,643 EDUs which results in an annual cost

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
20 allocation of $194.62 per EDU in FY 2024-25 dollars. As previously discussed, 98.37% of the annual cost to operate and maintain the roadside and median landscaping would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary. Table 3 shows the landscaping cost allocation associated with arterials and major roadways.

Park Facilities
The City of Brentwood’s General Plan policy is aimed at ensuring that recreational opportunities will continue to exist throughout the City and that an adequate park system continues to be developed and maintained to serve the City. In keeping with these policies, the City Council formed a Citywide Park Assessment district for park maintenance in 1997 to secure a funding mechanism for a portion of the benefits and associated costs to maintain community parks and neighborhood parks. In addition, the City’s LLADs were also established to fund park costs associated with each benefiting property for the community and neighborhood parks that could not be funded from the Citywide Park Assessment District. For the purposes of this report, community parks are defined as typically being larger parks that are designed with amenities to serve the City as a whole as described further in the Parks, Trails and Recreation Master Plan originally approved on August 23, 1994 and subsequently approved on June 25, 2002.

Neighborhood parks are defined as being generally smaller than community parks and typically benefit those residents located within a one-half mile radius from the park and as further defined within the Parks, Trails and Recreation Master Plan previously referenced.

There are 99 Parks spread throughout the City serving a population of approximately 67,000 residents. Community and neighborhood parks provide a special and direct benefit to the parcels within the City. The special and direct benefit to the parcels consists of enhanced recreational opportunities, including baseball, soccer, swimming, basketball, walking, jogging, etc. and the use of improvements such as: picnic tables, barbequing, playground equipment, community center rooms, green spaces, benches, bioswales, etc.

The parks and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, environmental and health benefits, community gathering places, and an overall improved and healthier community image, etc. If these park improvements were not installed, property within the City’s LLADs would not look as appealing to property owners, prospective property buyers, and patrons alike, which would adversely affect the value of their property. Based on the Parks and Economic Development Report LLAD No. 24-3
LLAD Other Other Non General Cost per EDU
No. 24-3 District Parcels District Parcels Benefit (FY 2024-25 Improvement Type 0.04% 86.72% 11.61% 1.63% Dollars)1
Arterial and Major Roadway
Landscaping $1,556.96 $3,821,674.31 $511,682.93 $71,803.44 $194.62 1 The LLAD No. 24-3 cost per EDU was determined by dividing the LLAD No. 24-3 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-3.

Special Benefit
Table No. 3 - Arterial and Major Roadway Landscaping Cost Allocation

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
21 published in the American Planning Association, homes adjacent and near parks and open space are typically valued at 8-20% higher than comparable properties, with positive price effect declining to zero about ½ mile away. Therefore, park improvements provide a special and direct benefit to property located within ½ miles of park improvements.

Furthermore, the Brentwood Parks, Trails, and Recreation Master Plan development guidelines as previously referenced herein, states that, neighborhood parks should service residents within a ½ mile +/- radius or approximately 1,000 to 2,000 people. The City maintains on average one neighborhood park per 800 residents. In addition to the special and direct benefits the property owners receive within the City from these enhanced park improvements, there are also some incidental benefits received by residents located from outside the City that may utilize the City’s community and neighborhood parks. Even though these are incidental benefits, they must be accounted for and cannot be assessed to the properties within the City’s LLADs.

Based on park user data, it is conservatively estimated that approximately 95% of the benefits associated with community parks are of benefit to property within the City and 98% of the benefits associated with neighborhood parks are of a special and direct benefit to properties within ½ mile distance (+/-). Therefore, 95% of the costs to annually operate, maintain, service and replace the community parks and 98% of the costs to annually operate, maintain, service and replace the neighborhood parks would be a special and direct benefit to the parcels within the City, and 5% and 2%, respectively of the annual costs to operate, maintain, service and replace the parks would be a general benefit.

Park Facilities Cost Allocation
The approximately 253.06 acres of community and neighborhood parks within the Park Benefit Boundary cost approximately $9,247,717 to maintain in FY 2024-25 dollars. The cost to maintain the parks is spread to all benefiting parcels identified within the Parks Benefit Boundary.

The community parks within the Park Benefit Boundary cost approximately $4,311,839 to maintain in FY 2024-25 dollars. As previously discussed, 95% of the annual cost to operate and maintain community parks is considered a special and direct benefit to the parcels within the park benefit boundary and 5% of the annual cost to operate and maintain community parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,786 EDUs, which results in an annual cost allocation of $84.83 per EDU in FY 2024-25 dollars for community parks. Table 4A shows the cost allocation associated with community parks.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
22 The neighborhood parks within the Park Benefit Boundary cost approximately $4,935,879 to maintain in FY 2024-25 dollars. As previously discussed, approximately 98% of the annual cost to operate and maintain neighborhood parks is considered a special and direct benefit to the parcels within the park benefit boundary and 2% of the annual cost to operate and maintain neighborhood parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,786 EDUs, which results in an annual cost allocation of $140.55 per EDU in FY 2024-25 dollars for neighborhood parks.

Table 4B shows the cost allocation associated with neighborhood parks.

The total annual cost allocation needed to maintain the community and neighborhood parks within the Park Benefit Boundary is $225.38 per EDU in FY 2024-25 dollars as summarized in Table 4C below.

In-Tract Streetlighting
To determine which properties benefit from in-tract or development specific streetlighting a benefit analysis was performed. Streetlighting located along and adjacent to the in-tract streets provides a special and direct benefit to parcels within the developments. The special and direct benefits from streetlights within the development consists of enhanced illumination which allows for safer vehicle and pedestrian access to and from property. In addition, this enhanced illumination helps deter criminal or suspicious activity such as property theft, vandalism, illegal dumping, etc.

LLAD No. 24-3
LLAD Other Other Non General Cost per EDU
Improvement No. 24-3 District Parcels District Parcels Benefit (FY 2024-25 Type 0.02% 86.01% 8.98% 5.00% Dollars)1
Parks $678.64 $3,708,456.69 $387,111.30 $215,591.93 $84.83 1 The LLAD No. 24-3 cost per EDU was determined by dividing the LLAD No. 24-3 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-3.

Special Benefit
Table No. 4A - Community Park Cost Allocation
LLAD No. 24-3
LLAD Other Other Non General Cost per EDU
Improvement No. 24-3 District Parcels District Parcels Benefit (FY 2024-25 Type 0.02% 84.98% 12.99% 2.00% Dollars)1
Parks $1,124.40 $4,194,654.16 $641,382.68 $98,717.58 $140.55 1 The LLAD No. 24-3 cost per EDU was determined by dividing the LLAD No. 24-3 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-3.

Table No. 4B - Neighborhood Park Cost Allocation
Special Benefit
Community Park Neighborhood Park Parks
Cost per EDU Cost per EDU Cost per EDU
$84.83 $140.55 $225.38
Table No. 4C - Parks FY 2024-25 Annual Cost Allocation

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
23 Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along in-tract roadways within the development would be a special and direct benefit to the parcels within the City’s LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract street lighting were assigned to properties located outside of the development.

Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a special and direct benefit to the parcels within each development and 2% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a general benefit.

In-Tract Streetlighting Cost Allocation
The four (4) in-tract streetlights within the In-Tract Benefit Boundary cost approximately $6,00 to maintain in FY 2024-25 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract streetlights is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary. The parcels identified on the In-Tract Benefit Boundary equate to 8 EDUs which results in an annual cost allocation of $73.50 per EDU in FY 2024-25 dollars. Table 5 shows the cost allocation associated with in-tract streetlights.

LLAD No. 24-3
LLAD General Cost per EDU
Improvement FY 2024-25 No. 24-3 Benefit (FY 2024-25
Type Cost 98.00% 2.00% Dollars)1
In-Tract Streetlighting $600.00 $588.00 $12.00 $73.50
1 The LLAD No. 24-3 cost per EDU was determined by dividing the LLAD No. 24-3 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-3.

Table No. 5 - Local In-Tract Streetlighting Cost Allocation

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
24 In-Tract Landscaping
To determine which properties benefit from in-tract or development specific landscaping a benefit analysis was performed. Landscaping located along and adjacent to the in-tract streets provides a special and direct benefit to parcels within the development. The special and direct benefits from in-tract landscaping within the development consists of enhanced beautification to the entrances and along the roadsides within the development.

Property owners who reside within these developments realize this enhanced aesthetic benefit when they are entering and exiting the development. If these in-tract landscape improvements were not installed, the developments would not look as appealing to property owners and prospective property buyers which would adversely affect the value of their property. Therefore, these landscape improvements provide a specific enhancement to their property values and not a general enhancement of property values.

Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along in-tract roadways within the development would be a special and direct benefit to the parcels within the LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned was applied to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract landscaping were assigned to properties located outside of the development. Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a special and direct benefit to the parcels within the development and 2% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a general benefit.

In-Tract Landscaping/Fencing and Soundwall Cost Allocation The District’s share of maintenance cost for 0.06 acres of in-tract landscaping located along Gann Street is approximately $1,912 in FY 2024-25 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract landscaping is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary. The parcels identified on the In-Tract Benefit Boundary equate to 8 EDUs which results in an annual cost allocation of $21.54 per EDU in FY 2024-25 dollars. Table 6 shows the cost allocation associated with in-tract landscaping.

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
25 Trails
Trails provide special and direct benefits to the parcels located within a certain proximity to the trails. These special and direct benefits consist of enhanced recreational opportunities such as walking, jogging, biking, etc. within and along their developments.

These benefits allow for:
• Increases in options to exercise and incorporate recreational opportunities into daily routines.
• Increases in opportunities to travel and connect with places people may need or want to go.
• Enhanced environmental opportunities because of improvement in air quality due to people utilizing the trail verse driving to nearby destinations. • Specific enhancements in property values due to the increase in walkability of an area and the increase in amenities.

In addition, the trails provide general benefits to the public-at-large since it is a public trail system and anyone from the public can access it. To determine who is most likely to use trails, the City’s Parks and Recreation Department staff performed a trail user survey over multiple days at different times and locations along existing trail segments over a threemonth period. Based upon their survey findings, ninety-three percent (93%) of trail users were benefitting property owners located both within the City and those outside the City limits, who lived within ½-mile (+/-) of trails. The ½-mile benefit boundaries from each respective trail can vary slightly for trail segments due to the location of geographical features and major roadways. Therefore, it is estimated that 93% of the annual cost to operate, maintain, service and replace the trail improvements would be a special and direct benefit to the parcels within the ½-mile (+/-) distance both within and outside the City and 7% of the annual cost to operate, maintain, service and replace the trail improvements would be a general benefit. Special benefits assigned to properties that lie within a ½ mile (+/-) of trails that are not within a LLAD (in or outside the City), are special benefits that will be paid by the City because they cannot be assessed to parcels within LLADs. Only the benefits associated with properties within the City and within a LLAD that are within a ½ mile (+/-) distance of trails will be assessed.

Trails Assessment Allocation
The 27.782 acres of trails within the District Trail Benefit Boundary (Appendix B) cost approximately $1,103,049 to maintain in FY 2024-25 dollars. As previously discussed, LLAD No. 24-3
LLAD General Cost per EDU
Improvement FY 2024-25 No. 24-3 Benefit (FY 2024-25
Type Cost 98.00% 2.00% Dollars)1
In-Tract Landscaping/Fencing and Soundwalls $1,912.30 $1,874.05 $38.25 $21.54 1 The LLAD No. 24-3 cost per EDU was determined by dividing the LLAD No. 24-3 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-3.

Table No. 6 - Local In-Tract Landscaping Cost Allocation

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
26 93% of the annual cost to operate and maintain these trail segments are a special and direct benefit to the parcels within the Trail Benefit Boundary and is spread to all benefitting parcels within the Trail Benefit Boundary. The parcels identified to be within the Trail Benefit Boundary equate to 5,761 EDUs which results in an annual cost allocation of $178.06 per EDU in FY 2024-25 dollars. Table No. 7 below shows the cost allocation associated with the District Trail Benefit Boundary.

DISTRICT MAXIMUM ASSESSMENT RATE
The maximum assessment rate may be adjusted each subsequent fiscal year to correspond with the annual increase in the San Francisco Bay Area Urban Wage Earners Consumer Price Index from December to December of each year (Base Year of 2023), or 2% whichever is greater.

Parcels within the District become assessable once the final maps have been approved by the City of Brentwood or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected in the ensuing fiscal year.

The following table outlines the total maximum assessment rate in FY 2024-25 dollars.

LLAD No. 24-3
LLAD Other District Non District General Cost per EDU
Improvement No. 24-3 Parcels Parcels Benefit (FY 2024-25 Type 0.13% 81.30% 11.57% 7.00% Dollars)1
City Trails $1,424.48 $896,746.48 $127,664.75 $77,213.44 $178.06 1 The LLAD No. 24-3 cost per EDU was determined by dividing the LLAD No. 24-3 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-3.

Table No. 7 - Trail Cost Allocation
Special Benefit

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART D
27 Other Other Non LLAD No. 24-3
No. 24-3 District Parcel District Parcel Rate per EDU
FY 2024-25 Special Special Special General (FY 2024-25
Improvement Type Cost Benefit Benefit1 Benefit2 Benefit3 Dollars) Arterial and Major Roadway Streetlighting $411,753.00 $128.56 $315,560.10 $84,500.51 $11,563.83 $16.07 Arterial and Major Roadway Landscaping $4,406,717.64 $1,556.96 $3,821,674.31 $511,682.93 $71,803.44 $194.62 Community and Neighborhood Parks $9,247,717.38 $1,803.04 $7,903,110.85 $1,028,493.98 $314,309.51 $225.38 In-Tract Streetlighting4 $600.00 $588.00 N/A N/A $12.00 $73.50 In-Tract Landscaping4 $1,912.30 $1,874.05 N/A N/A $38.25 $21.54 Trail Landscaping $1,103,049.15 $1,424.48 $896,746.48 $127,664.75 $77,213.44 $178.06 Subtotal $15,171,749.47 $7,375.09 $12,937,091.74 $1,752,342.17 $474,940.47 $709.17 Local In-Tract Reserves
Capital Reserves5 $615.51 $615.51 N/A N/A N/A $76.94
Operating Reserves/Contingency5 $628.07 $615.51 N/A N/A $12.56 $76.94 Subtotal $1,243.58 $1,231.02 N/A N/A $12.56 $153.88
Total $15,172,993.05 $8,606.11 $12,937,091.74 $1,752,342.17 $474,953.03 $863.05 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs.
2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are included in the cost estimate for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 24-3 on July 1, there is no need improvements and to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 8 - Total Maximum Assessment Calculation (FY 2024-25 Dollars)

Formation of LLAD No. 24-3 (Inez Estates) SECTION III
Engineer’s Report Fiscal Year 2024-25 PART E
28 PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel proposed for the District is shown on the last equalized Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the maximum proposed amount of assessments apportioned to each lot or parcel. The Maximum Assessment Roll is on file in the Office of the City Clerk of the City of Brentwood and is shown in this Report as Appendix “A”.

Formation of LLAD No. 24-3 (Inez Estates)
Engineer’s Report Fiscal Year 2024-25 APPENDIX A
A-1

APPENDIX A

MAXIMUM ASSESSMENT ROLL

Formation of LLAD No. 24-3 (Inez Estates)
Engineer’s Report Fiscal Year 2024-25 APPENDIX A
A-2
Assessor Parcel Development FY 2024-25
Number(s) Name Maximum Assessment
018-080-022 Inez Estates $4,303.06
018-080-025 Inez Estates $4,303.05
LLAD No. 24-3 (Inez Estates)

Formation of LLAD No. 24-3 (Inez Estates)
Engineer’s Report Fiscal Year 2024-25 APPENDIX B
B-1

APPENDIX B

BENEFIT BOUNDARY DIAGRAMS

*
*
Street Lighting and Landscaping along Arterial and Major Roadways Benefit Boundary Diagram
LLAD No. 24-3
¯ 0 2,500 5,000
Feet
4 4
Brentwood Blvd
Sellers Ave
Sunset Rd
Concord Ave
Byron Hwy
Bixler Rd
Chestnut St
Brentwood Blvd
Minnesota Ave
Inez Estates
Project Site
B-2
Neroly Rd Delta Rd
Brentwood Blvd
O'Hara Ave
Sycamore Ave
Sand Creek Rd
Oak St
Lone Tree Wy
Fairview
Ave
Empire Ave
Shady Willow Ln
Jeffrey Wy Sand Creek Rd
Balfour Rd
Central Blvd
Fairv ei w
Ave
Griffith Ln
Walnut Blvd
Vineyards Pkwy
Legend
LLAD No. 24-3 Boundary
City Limit
Parcel Lines
Parcels outside of City Limits - East/South Bound
Parcels outside of City Limits - North/West Bound
Parcels within City Limits
City Arterial/Major Roadways

LLAD No. 24-3
Parks Benefit Diagram
Lone Tree Wy
Sand Creek Rd
Balfour Rd
Brentwood Blv
F
d
airview
Ave
Minnesota Ave
Grant St
O'Hara Ave
Brentwood Blvd
John Muir Pkwy
4 ¯
Sunset
Park
Aquatic Complex
& Skate Park
King
Park
Miwok Park
Oak Meadow
Park
Apple Hill
Park
Arbor View
Park
Garin
Park
Summerset
Commons
Park
Sand Creek
Soccer
Inez Estates
Project Site
B-3
4 2,000 1,000 0 2,000
Feet
Legend
LLAD No. 24-3 Boundary
City Limit
Parcel Lines
Parcels within the
Neighborhood Park Boundary
Community Park
Neighborhood Park

!(
!( !(
!(
City of Brentwood - LLAD No. 24-3 In-Tract Benefit Diagram

LONE TREE WY
± 75 37.5 0 75
Feet
Legend
District Boundary
Parcel Lines
In-Tract Landscaping
!( Proposed Streetlights

GANN ST

LEZCANO LN
B-4
Parcel A

City of Brentwood - LLAD No. 24-3 Trail Benefit Diagram B-5
Inez Estates
Project Site
Fairview
Ave
Brentwood Blvd
O
H' ara Ave
E
mpire Ave
Lone Tree Wy
Sand Creek Rd
4 850
¯0 850
Feet
Legend
LLAD No. 24-3 Boundary
City Limit
Parcel Lines
Grant Street Trail Benefit Boundary
Parcels within Grant Street Trail Benefit Boundary
Grant Street Trail

CITY COUNCIL AGENDA ITEM NO. F.8
07/23/2024
SUBJECT: Purchase and Sale Agreement with Houser/Maggiora for utility easements to service the Innovation Center @ Brentwood.

DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager
Debra Galey, Senior Analyst, Engineering

TITLE/RECOMMENDATION
Adopt a resolution approving and authorizing the City Manager, or designee, in coordination with the City Attorney, to execute an Agreement for Purchase and Sale of Easements, in substantial conformance with the attached agreement, with Melrina A. Houser, as Trustee of the Houser Family Survivor’s Trust, as to an Undivided

37.5% Interest; William P. Maggiora and Joyce K. Yano-Maggiora, Husband and Wife, as Joint Tenants, as to an Undivided 37.5% Interest; and Debra R. Maggiora, a married woman as her sole and separate property as to an Undivided 25% Interest, for a portion of APNs 019-081-009 and 019-081-020, to acquire utility easements necessary for CIP Project No. 336-31695 Innovation Center @ Brentwood Infrastructure (“Project”) for $84,500, and authorizing execution of other documents as necessary to complete the right-of-way transaction.

Necessary CEQA findings will be made upon construction plan design and prior to construction.

FISCAL IMPACT
An appraisal has been prepared to determine the current market value of the 10,314 square feet of Public Utility Easement and 5,423 square feet of Temporary Construction Easement. The total agreement amount is $84,500 and the funds for this Project are included in the 2024/25 - 2028/29 Capital Improvement Program.

The Project is funded by the Capital Infrastructure Fund and Development Impact Fees. There is no General Fund impact associated with this specific action. Any ongoing maintenance costs associated with improvements subsequently constructed will be budgeted for in future Operating Budgets.

BACKGROUND

CITY COUNCIL AGENDA ITEM NO. F.8
07/23/2024
At the direction of the City Council, staff has been working to obtain the real property rights necessary to realize the Innovation Center @ Brentwood vision. Acquisition of the permanent easement for the utilities, and temporary construction easement for the related construction work for the utilities will help facilitate the development of the Innovation Center @ Brentwood (formerly PA-1) by allowing the extension of utilities from Empire Avenue to the west side of State Route 4. The Innovation Center @ Brentwood is intended to be predominately developed with a mixture of uses that generates jobs, including regional and general commercial, professional office, business park and light industrial uses. As a result of this General Plan designation, acquisition of easements for the extension of public utilities is therefore important to the City’s future growth and economic development. Bringing necessary infrastructure to the region will support development into the vital area as it is planned. Once easements are obtained, construction of utilities is anticipated to begin in late 2024.

The Purchase and Sale Agreement considered in the item will facilitate the City’s acquisition of 10,314 square feet of Public Utility Easement and 5,423 square feet of Temporary Construction Easement.

CITY COUNCIL STRATEGIC INITIATIVE
Acquisition of easements and subsequent construction of utilities furthers Strategic Plan FY2022/23-FY2023/24, Focus Area 1: Public Works, Goal 1 – Transportation, a.

Construct Innovation Center infrastructure.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Necessary CEQA findings will be made upon construction plan design and prior to construction.

ALTERNATIVE OPTION(S)

CITY COUNCIL AGENDA ITEM NO. F.8
07/23/2024

1. Do not approve the Purchase and Sale Agreement of Easements and no utilities will be constructed in the area.

2. Direct staff to further negotiate with the property owner for easements.

ATTACHMENT(S)

1. Previous Action

2. Easement Exhibit

3. Resolution

4. Agreement for Purchase and Sale of Easements

ATTACHMENT 1 – PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On November 13, 2018, by Resolution No. 2018-159, the City Council adopted the Priority Area One Specific Plan (Innovation Center @ Brentwood) including a Circulation Network of public roadways and further updated the Plan October 25, 2022.

On December 14, 2021, by Resolution No. 2021-148, the City Council approved an Agreement for Right of Way and Title Services with Bender Rosenthal, Incorporated for various Capital Improvement Projects.

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/2024 – 2027/2028 Capital Improvement Program, which included the Project.

On December 12, 2023, the City Council provided to staff, parameters for negotiating with property owners to obtain Innovation Center @ Brentwood utility easements.

On May 14, 2024, by Resolution No. 2024-51, the City Council approved a Purchase and Sale Agreement for Easement Rights with Nunn Family (No.2) Limited Partnership for utilities at the Innovation Center @ Brentwood.

Document Path: W:\MXD\Exhibits\Innovation Center Utility Easements Exhibit 1.mxd 1 inch = 200 feet
LEGEND
Potable Water
Storm Drain
Sanitary Sewer
Parcel

INNOVATION CENTER

UTILITY EASEMENTS
EXHIBIT 1
HOUSER
APN: 019-081-020
HOUSER
APN: 019-081-009
OLD SAND CREEK RD.

EMPIRE AVE.

UTILITY AND TEMPORARY

CONSTRUCTION EASEMENTS