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CITY COUNCIL AGENDA ITEM NO. 03

Meeting Date: May 13, 2003

Subject/Title: Approve a Resolution of Intention declaring the City’s intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 for Fiscal Year 2003-04, and set a date of July 8, 2003 for the Public Hearing

Submitted by: Engineering: B. Grewal/D. Galey
Parks and Recreation: C. Bronzan/K. DeSilva

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution declaring the intent to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) No. 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (Greystone); 95-8 (Garin Ranch); 97-1 (Hancock – Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (SPA ‘L’); 99-4 (California Grove); 99-5 (Deer Creek Country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard); 00-4 (Brentwood Park); 01-1 (Laird Project); 02-2 (Oak Street); 02-3 (Apricot Way); 02-4 (Braddock & Logan); 02-5 (Sand Creek & Brentwood Blvd.); 02-6 (Balfour & John Muir); 02-7 (San Jose & Sand Creek); 02-8 (Lone Tree); 02-9 (Balfour Plaza); 02-10 (Lone Tree Center); 02-11 (Lone Tree Plaza); 02-12 (Sunset Industrial); 02-13 (Stonehaven); 03-2 (Meritage Lone Tree); 03-3 (Brookdale Court); 03-4 (Tri City Plaza); 03-5 (West Summerset) and the Citywide Park Maintenance District No. 98-1.

Set July 8, 2003, at 7:00 p.m. as the date for the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218.

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 February 25, 2003, the City Council passed Resolution No. 2792 designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of a Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for Fiscal Year 2003-04.

BACKGROUND
The Landscaping and Lighting Act of 1972 requires an annual review and update of the Engineer’s Report to calculate assessment rates each fiscal year. The Fiscal Year 2003-04 assessments in the Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report will be assessed on the FY 2003-04 tax roll and are calculated by considering all anticipated expenditures for maintenance, utilities, administration, etc. Any excess dollars from previous fiscal years were rolled into this fiscal year’s reports 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 2003-04 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.

For the Consolidated Landscape & Lighting Assessment Districts, it is anticipated that there will be two (2) subdivisions annexed into Assessment District No. 94-1 East (Brentwood Country Club), one commercial area annexed into Assessment District No. 94-1 East-Commercial, one (1) subdivision annexed into Assessment District No. 02-2 (Oak Street), two (2) subdivisions annexed into Assessment District No. 02-3 (Apricot Way), and the formation of four (4) new Assessment Districts: 03-2 (Meritage Lone Tree); 03-3 (Brookdale Court); 03-4 (Tri City Plaza); and 03-5 (West Summerset). In addition, the level of landscape improvements for District No. 02-3 (Apricot Way) has increased since the District was formed and therefore will be re-balloted to increase the maximum assessment rate.

The proposed Assessment Districts 03-4 & 03-5 include non-residential development. The maximum assessment rate for non-residential development has been calculated to include costs for all street lighting and landscaping improvements within the City’s right of way that was required to be installed for that development. In most cases, the City will be responsible for maintaining the roadway medians and street lights only, the remainder of the improvements (frontage landscaping) will be the responsibility of the property owner. If the property owner fails to maintain the remainder of improvements to City standards, then the City may assume maintenance responsibility. Therefore, the maximum assessment rate will not be assessed unless the City has assumed complete maintenance responsibility.

The Landscape and Lighting Act of 1972 and Proposition 218 also require all new districts and annexations receive voter approval, by property owner, prior to final approval from City Council. The adoption of this resolution will trigger the mailing of the notices and ballots on Friday, May 23, 2003, so that the 45-day noticing and balloting period can begin. 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 July 8, 2003. At the close of the public input portion of the Public Hearing, the ballots will be tabulated and the City Clerk will determine if a majority approval exists to form the assessment districts.

FISCAL IMPACT
It is anticipated that the City will collect approximately $1,704,652.00 from the Consolidated Landscape & Lighting Assessment Districts and $1,134,994.00 from the Citywide Park Maintenance District No. 98-1 to cover anticipated maintenance, utility and administration expenses for Fiscal Year 2003-04.

The cost of annexations, new district formations and balloting that is required per Proposition 218 is being covered from funds deposited by the participating developers, as is standard practice.

Attachments:
Resolution of Intention
Preliminary Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts Fiscal Year 2003-04 dated May 13, 2003
Preliminary Engineer’s Report for the Citywide Park Maintenance District No. 98-1 Fiscal Year 2003-04 dated May 13, 2003

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE INTENT TO ORDER IMPROVEMENTS FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS FOR FISCAL YEAR 2003-04, AND THE CITYWIDE PARK MAINTENANCE DISTRICT FOR FISCAL YEAR 2003-04 AND SET THE DATE OF JULY 8, 2003, AT 7:00 P.M. FOR THE PUBLIC HEARING PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218.

WHEREAS, the City of Brentwood intends to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) No. 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (Greystone); 95-8 (Garin Ranch); 97-1 (Hancock – Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (SPA ‘L’); 99-4 (California Grove); 99-5 (Deer Creek Country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard); 00-4 (Brentwood Park); 01-1 (Laird Project); 02-2 (Oak Street); 02-3 (Apricot); 02-4 (Braddock & Logan); 02-5 (Sand Creek & Brentwood Blvd.); 02-6 (Balfour & John Muir); 02-7 (San Jose & Sand Creek); 02-8 (Lone Tree); 02-9 (Balfour Plaza); 02-10 (Lone Tree Center); 02-11 (Lone Tree Plaza); 02-12 (Sunset Industrial); 02-13 (Stonehaven); 03-2 (Meritage Lone Tree); 03-3 (Brookdale Court); 03-4 (Tri City Plaza); 03-5 (West Summerset); and the Citywide Park Maintenance District No. 98-1; and

WHEREAS, the improvements to be made in the Landscape & Lighting Assessment Districts are generally described as the operating, maintaining and servicing of parks, landscaping, irrigating, lighting, and associated facilities located in and along arterial and collector and residential streets around the various developments within the City as described in the Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report for Fiscal Year 2003-04; and

WHEREAS, the improvements to be made in the Citywide Park Maintenance District are generally described as the operating, maintaining and servicing of landscaping, irrigating, lighting, and associated facilities located within community and neighborhood parks within the City as described in the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for Fiscal Year 2003-04; and

WHEREAS, Francisco & Associates, Inc. the Engineer of Work, has filed with the City Clerk the Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report for Fiscal Year 2003-04 and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for Fiscal Year 2003-04 as required by the Landscaping and Lighting Act of 1972. All interested persons are referred to the Engineer’s Reports for a full and detailed description of the improvements, the boundaries of the various assessment districts and the proposed assessments upon assessable lots and parcels of land within the assessment districts.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that on July 8, 2003, at 7:00 p.m., the City Council will conduct a public hearing on the question of the levy of proposed annual assessments for each of the assessment districts. The meeting and hearing will be held at the City Council Chambers, 734 Third Street, Brentwood, California.

BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2003, by the following vote:


 

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