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CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: November 25, 2003

Subject/Title: Approve a Resolution of Initiation designating Francisco & Associates, Inc. as the Engineer of Work and approve a Resolution of Intention declaring the City’s intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts for the Mid-Year of Fiscal Year 2003/2004, and set a date of January 13, 2004 for the Public Hearing

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of an Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts for the Mid-Year of Fiscal Year 2003/2004.

Approve a Resolution declaring the intent to order improvements for the Landscape & Lighting Assessment Districts (LLD’s) No. 03-6 (Harbor Heights), No. 03-7 (Garin Ranch Commercial) and No. 03-8 (Blackhawk Commercial) and annexations to District No. 95-8 (Garin Ranch); District No. 02-3 (Apricot Way); District No. 02-8 (Lone Tree); District No. 03-2 (Meritage Lone Tree); and District No. 03-4 (Tri City Plaza).

Set January 13, 2004, at 7:00 p.m. as the date for the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition No. 218.

PREVIOUS ACTION
An annual Engineer’s Report for Fiscal Year 2003/2004 was previously approved by the Brentwood City Council on July 8, 2003, by Resolution No. 2614, setting the current year’s assessment levies. Actions were taken in previous years to form the City’s existing Landscape & Lighting Assessment Districts.

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

For the Consolidated Landscape & Lighting Assessment Districts, it is anticipated that there will be the formation of three (3) new Assessment Districts: No. 03-6 (Harbor Heights), No. 03-7 (Garin Ranch Commercial) and No. 03-8 (Blackhawk Commercial). In addition, Subdivision No.’s 8426 & 8627 will be annexed to District No. 95-8; Subdivision No.’s 8556, 8557, 8601, 8281 and DR02-11 will be annexed to District No. 02-3; Projects CUP03-04; MS364-02 and CUP99-06 will be annexed to District No. 02-8; Subdivision No. 8561 will be annexed to District No. 03-2; and project DR00-14 will be annexed to District No. 03-4.

District No.’s 02-8, 03-4, 03-7, and 03-8, 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.

These new formations and annexations are moving quickly through the development process. In order to ensure that the assessment districts will be established prior to completion of each development, it is imperative to take these Districts through a mid-year formation and annexation process instead of waiting until the typical Fiscal Year 2004/2005 update in July of 2004.

The Landscape and Lighting Act of 1972 and Proposition No. 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 Wednesday, November 26th, 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 January 13, 2004. 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, upon maintenance acceptance, will collect, approximately $1,884,152, on an annual basis from the new districts, referenced in Consolidated Landscape & Lighting Assessment District Engineer’s Report for the Mid-Year of Fiscal Year 2003/2004.

The cost of the preparation of the Engineer’s Report and balloting as required per Proposition No. 218 is being collected from funds deposited from the participating developers, as is standard practice.

Attachments:
Resolution of Initiation
Resolution of Intention
Preliminary Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts
Mid-Year Annexation Fiscal Year 2003-04 dated November 25, 2003

RESOLUTION NO.

A RESOLUTION OF INITIATION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DESIGNATING FRANCISCO & ASSOCIATES, INC. AS THE ENGINEER OF WORK FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS AND ORDERING THE ENGINEER TO PREPARE AND FILE THE ENGINEER’S REPORT FOR THE MID-YEAR OF FISCAL YEAR 2003/2004

WHEREAS, Section No. 22622 of the California Streets and Highways Code requires
the City Council to adopt a resolution generally describing any proposed new improvements to be included in determining the annual assessment levied for any assessment district created under the Landscaping and Lighting Act of 1972; and

WHEREAS, Section No. 22622 further requires that the City Council order the preparation of an Engineer’s Report prior to initiating proceedings to fix the annual levy of assessments for any such district.

NOW, THEREFORE BE IT RESOLVED
1. The improvements to be made in these assessment districts are generally described as the operation, maintenance and servicing of parks, landscaping, irrigation, lighting and associated facilities located in and along arterial and collector streets and within other public areas as referenced in the Consolidated Landscape & Lighting Assessment District Engineer’s Report for the Mid-Year of Fiscal Year 2003/2004;

2. The new assessment districts are described as; Subdivision No. 8735 will form District No. 03-6 (Harbor Heights), Subdivision No. 8633 will form District No. 03-7 (Garin Ranch Commercial), and Blackhawk Commercial will form District No. 03-8 (Blackhawk Commercial);

3. The annexations are described as; Subdivision No.’s 8426 & 8627 to District No. 95-8; Subdivision No.’s 8556, 8557, 8601, 8281 and DR02-11 to District No. 02-3; Projects CUP03-04; MS364-02 and CUP99-06 to District No. 02-8; Subdivision No. 8561 to District No. 03-2; and project DR00-14 to District No. 03-4; and

4. Francisco & Associates, Inc., is the firm designated by this Council as the Engineer of Work for the Consolidated Landscape & Lighting Assessment Districts for the Mid-Year of Fiscal Year 2003/2004, and is hereby directed to file the Engineer’s Report in accordance with the provisions of 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 25th day of November 2003 by the following vote:

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 THE MID-YEAR OF FISCAL YEAR 2003/2004, AND SET THE DATE OF JANUARY 13, 2004, AT 7:00 P.M. FOR THE PUBLIC HEARING PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION NO. 218.

WHEREAS, the City of Brentwood intends to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) No. 03-6 (Harbor Heights), No. 03-7 (Garin Ranch Commercial), and No. 03-8 (Blackhawk Commercial) and annexations to District No. 95-8 (Garin Ranch); District No. 02-3 (Apricot Way); District No. 02-8 (Lone Tree); District No. 03-2 (Meritage Lone Tree); and District No. 03-4 (Tri City Plaza); 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 streets around the various developments within the City as described in the Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report for the Mid-Year of Fiscal Year 2003/2004; 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 the Mid-Year of Fiscal Year 2003/2004 required by the Landscaping and Lighting Act of 1972. All interested persons are referred to the Engineer’s Report for a full and detailed description of the improvements, the boundaries of the various assessment districts and the proposed assessments upon assessable lots and parcels of land within the assessment districts

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that on January 13, 2004, 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 25th day of November 2003, by the following vote:
 

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