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CITY COUNCIL AGENDA ITEM NO. 16




Meeting Date: July 9, 2002

Subject/Title: Consideration of a Resolution approving the Final Engineer’s Reports, and confirming the annexations and new formations within the Consolidated Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1 to levy assessments for fiscal year 2002/03

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Hold the Public Hearing on annexations into Landscape & Lighting Districts 94-1, 95-8, 99-3, and 00-3; increase in maximum assessment rate for District 99-5; the formation of Landscape & Lighting Districts 02-2 (Oak Street), 02-3 (Apricot), 02-4 (Braddock & Logan), 02-5 (Sand Creek & Brentwood Blvd.), 02-06 (Balfour & John Muir), 02-7 (San Jose & Sand Creek), and 02-8 (Lone Tree); and the annual update of Landscape & Lighting Districts 94-1, 95-2, 95-3, 95-4, 95-5, 95-6, 95-7, 95-8, 97-1, 97-2, 97-3, 98-3, 98-4, 98-5, 99-3, 99-4, 99-5, 99-6, 99-7, 99-8, 99-9, 00-2, 00-3, 00-4, 01-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2002/03. 

Confirm annexations and formations with a simple majority property owner approval, weighted by assessment amount. 

Approve a Resolution approving the Final Engineer’s Report for the Consolidated Landscape & Lighting Districts (LLD’s) and the Final Engineer’s Report for the Citywide Park Maintenance District No. 98-1 and authorize the levying of assessments for the 2002/03 Fiscal Year. 

PREVIOUS ACTION
Actions were taken in previous years to form many of the Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1.

On January 22, 2002, the City Council passed Resolution No. 2446 designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of a Consolidated Landscape & Lighting District Preliminary Engineer’s Report and Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for fiscal year 2002/03.

On May 14, 2002, the City Council passed Resolution No. 2536 declaring the intent to order improvements for the Consolidated Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2002/03, and set a date of July 9, 2002 at 7:30 p.m. for the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218.

BACKGROUND
The Landscaping and Lighting Act of 1972 requires an annual review and updated Engineer’s Report to confirm the assessment rate each fiscal year. The assessments calculated in last year’s engineer’s reports for the various LLD’s and the park district were levied and collected this fiscal year. In fiscal year 2002/03, assessments in the Consolidated Landscape & Lighting District Final Engineer’s Report and the Citywide Park Maintenance District No. 98-1 Final Engineer’s Report will be assessed on the tax roll and are calculated by considering all monies charged against the district during this year. Any excess dollars from previous years were rolled into this year’s report and the assessment amounts were amended accordingly. The assessments may or may not change each fiscal year, but cannot exceed the maximum amount set when the districts were originally formed plus an annual cost of living adjustment. The amounts being assessed this fiscal year 2002/03 tax year are at or below the maximum assessment. As a part of the process, the Landscaping and Lighting Act of 1972 requires that an Engineer’s Report be filed and a public hearing be held. July 9, 2002 is the scheduled public hearing date.

For the Consolidated Landscape & Lighting Assessment District, it is anticipated that Subdivisions 8085 and 8088 will be annexed into Assessment District No. 94-1, Subdivision 8537/8609 will be annexed into Assessment District No. 95-8, Subdivisions 8453, 8460, and 8529 will be annexed into Assessment District No. 99-3, and Strauss & Jeffrey Commercial Parcels (DR 00-27 and 00-36) will be annexed into Assessment District No. 00-3. New Districts 02-2, 02-3, 02-4, 02-5, 02-6, 02-7 and 02-8 will be formed. In addition, the level of landscape improvements for District No. 99-5 have been increased since the District was formed in 1999; therefore they have been re-balloted to increase the maximum assessment rate. 

The Landscaping and Lighting Act of 1972 and Proposition 218 also require that all votes for annexations and formation of new districts be tabulated at the close of the public hearing and then voted on by the City Council. Ballots for these areas were sent out on May 15, 2002, which is a minimum of 45 days prior to this public hearing.

The City Clerk (or her designee) will tabulate all of the votes received after the close of the public input portion of the public hearing. This information will subsequently be presented to the City Council, prior to the Council vote on the new district formations and annexations.

The second item under consideration at the close of the public hearing is approval of a resolution approving the Consolidated Report for the City’s Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1, and levying the assessments for the 2002/03 Fiscal Year.

The third and final action by the City Council is to authorize the levy of assessments for the Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for the 2002/03 Fiscal Year.

FISCAL IMPACT
It is anticipated that the City will collect approximately $1,186,011 to pay for landscape maintenance and street lighting in the various districts, and collect approximately $885,251 for the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2002/03.


Attachments:
Resolution
Final Engineer’s Report – Consolidated Landscape & Lighting Districts, dated July 9, 2002
Final Engineer’s Report – Citywide Park Maintenance District No. 98-1, dated July 9, 2002

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING THE ASSESSMENT DIAGRAM AND ASSESSMENT ROLL AND AUTHORIZING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2002/03 FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS AND THE CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218


WHEREAS, on January 22, 2002, pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council designated Francisco & Associates, Inc. as the Engineer of Work for the City’s Consolidated Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1, and directed them to prepare and file an annual report for fiscal year 2002/03; and

WHEREAS, on May 14, 2002, the Engineer of Work filed a Consolidated Annual Report for the City’s Landscape & Lighting Districts, and the City Council approved Resolution No. 2536 declaring the intent to order improvements and set a date of July 9, 2002 for a public hearing; and

WHEREAS, on May 14, 2002, the Engineer of Work filed a Report for the Citywide Park Maintenance District No. 98-1, and the City Council approved Resolution No. 2536 declaring the intent to order improvements and set a date of July 9, 2002 for a public hearing; and

WHEREAS, on July 9, 2002 the City Council conducted a public hearing and gave any interested person an opportunity to protest the assessments and annual report either in writing or orally, and the City Council has considered each protest.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby confirms the assessment diagram and assessment roll as set forth in the annual reports of the Engineer of Work.

BE IT FURTHER RESOLVED that the amount of the assessments represented by the assessment ballots submitted by those in favor of the assessment was greater than those submitted against the assessment as shown on Exhibit ‘A’ attached.

BE IT FURTHER RESOLVED that the assessments are hereby levied for fiscal year 2002/03 as set forth in the Consolidated Annual Report for the City’s Landscape & Lighting Districts and the Report for the Citywide Park Maintenance District No. 98-1.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of July 2002 by the following vote:




CERTIFICATE OF MAILED BALLOT RESULTS
FOR THE CONSOLIDATED LANDSCAPE & LIGHTING DISTRICTS
JULY 9, 2002

I, Karen Diaz, City Clerk of the City of Brentwood, certify that:

I personally counted the ballots cast at the mailed ballot election held on July 9, 2002, and I hereby certify the result of that count to be as follows:

District 94-1(annex Subd 8085 & 8088)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 95-8(annex Subd 8537/8609)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 99-3(annex Subd 8453, 8460, & 8529)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 99-5(increase)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 00-3(annex DR 00-36 and 00-27)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 02-2(formation Subd. 8413 & 8424)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 02-3(formation Subd. 8469 & 8408)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 02-4(formation Subd. 8421)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 02-5(formation 351-01, 356-00, & CUP 01-03)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 02-6(formation Subd. 8550, 8517, & 8352)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 02-7(formation MS353-01 & MS357-01)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


District 02-8(formation MS351-01)
TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.


Dated: July 9, 2002

CITY OF BRENTWOOD

By 
Karen Diaz, CMC
City Clerk of the City of Brentwood

 
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov