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CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: July 8, 2003

Subject/Title: Consideration of a Resolution approving the Final Engineer’s Reports, and confirming the formations and annexations within the Consolidated Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1 to levy assessments for Fiscal Year 2003/04

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Hold the public hearing on the formation of Landscape & Lighting Districts 03-2 (Meritage Lone Tree), 03-3 (Brookdale Court), 03-4 (Tri City Plaza), and 03-5 (West Summerset); the annexations of Subdivision 8574 to District 02-2 (Oak Street), DR 01-34 to 94-1E COM (Brentwood Country Club), Subdivisions 8088 and 8089 to 94-1E and Subdivisions 8470 and 8603 to District 02-3 (Apricot Way); and the increase in rate for Subdivisions 8408 and 8469 in District 02-3 (Apricot Way) 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, 02-2, 02-3, 02-4, 02-5, 02-6, 02-7, 02-8, 02-9, 02-10, 02-11, 02-12, 02-13, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2003/04.

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 for Fiscal Year 2003/04 and authorize the levying of assessments for those districts for the 2003/04 Fiscal Year.

PREVIOUS ACTION
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 the Consolidated Landscape & Lighting District Preliminary Engineer’s Report and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for Fiscal Year 2003/04.

On May 13, 2003 the City Council passed Resolution No. 2843 declaring the intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2003/04 and it set the date of July 8, 2003 as the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218.

Actions were taken in previous years to form the City’s existing 37 Landscape & Lighting Districts.

BACKGROUND
The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer’s Report be prepared to set new and reconfirm assessment rates each fiscal year. In addition, the formation of new assessment districts or annexations to the existing assessment districts also require an Engineer’s Report to be generated. The assessments may or may not change each fiscal year (dependent upon the annual maintenance and operational expenditures), but cannot exceed the maximum annual assessment amount set when the assessment districts were originally formed, plus an annual cost of living adjustment. As a part of the process, the Landscaping and Lighting Act of 1972 requires that an Engineer’s Report must be filed with the City Clerk and a public hearing be held.

For the Consolidated Landscape & Lighting Assessment Districts, it is anticipated that there will be 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, Subdivision 8574 is proposed to be annexed to District 02-2 (Oak Street), DR 01-34 is proposed to be annexed to 94-1E COM (Brentwood Country Club), Subdivisions 8088 and 8089 are proposed to be annexed to 94-1E, Subdivisions 8470 and 8603 are proposed to be annexed to District 02-3 (Apricot Way) and Subdivisions 8408 and 8469 in District 02-3 are proposed for an increased maximum assessment due to a higher level of landscape improvements within this district.

Some of the above new districts 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 that were required to be installed for that development, within the City’s right of way. 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 will 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 require all new districts and annexations to receive voter approval, by property owner, prior to final approval from City Council. Ballots for these areas were sent out on May 23, 2003, 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 a resolution approving the Final Consolidated Report for the City’s Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1 for FY2003/04, and levying the assessments for the 2003/04 Fiscal Year.

The third and final action by the City Council is to authorize the levy of assessments for the Landscape & Lighting Assessment Districts for Fiscal Year 2003/04.

FISCAL IMPACT
It is anticipated that the City will collect approximately $1,709,652 in revenue for landscape maintenance and street lighting in the various districts, and collect approximately $1,491,994 for the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2003/04. The maximum assessment for each district can increase by 2% each year for inflationary costs, with the most recent districts increasing by actual CPI each year.

The balance forward to the ensuing fiscal year for District 94-1 shows a negative $371,749 for Fiscal Year 2004-05. City staff is aware of this negative fund balance and is working on items to mitigate the negative fund balance.

Attachments:
Resolution
Final Engineer’s Report – Consolidated Landscape & Lighting Districts, dated July 8, 2003
Final Engineer’s Report – Citywide Park Maintenance District No. 98-1, dated July 8, 2003

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 2003/04 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 February 25, 2003, 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 for Fiscal Year 2003/04, and directed them to prepare and file a report; and

WHEREAS, on May 13, 2003, the Engineer of Work filed a Consolidated Report for the City’s Landscape & Lighting Districts, Fiscal Year 2003/04, and the City Council approved Resolution No. 2843 declaring the intent to order improvements and set a date of July 8, 2003 for a public hearing; and

WHEREAS, on May 13, 2003, the Engineer of Work filed a Consolidated Report for the Citywide Park Maintenance District No. 98-1, Fiscal Year 2003/04, and the City Council approved Resolution No. 2843 declaring the intent to order improvements and set a date of July 8, 2003 for a public hearing; and

WHEREAS, on July 8, 2003, 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 by 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 2003/04 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 8th day of July 2003 by the following vote:

CERTIFICATE OF MAILED BALLOT RESULTS
FOR THE CONSOLIDATED LANDSCAPE & LIGHTING DISTRICTS
JULY 8, 2003

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 8, 2003, and I hereby certify the result of that count to be as follows:

District 03-2(formation Subd. 8546)
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 03-3(formation Subd. 8722)
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 03-4(formation CUP 01-24)
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 03-5 (formation MS 354-00 )
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 94-1E COM(annex DR01-34 to District 94-1E COM)
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 94-1E (annex 8088 & 8089 to District 94-1E COM)
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(annex Subd 8574 to District 02-2)
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(annex Subd 8470 & 8603 and increase rates for Subd 8408 & 8469)
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 8, 2003

CITY OF BRENTWOOD

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

 

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