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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: April 27, 2004

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 2004/2005, and set a date of June 22, 2004 for the Public Hearing.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution declaring the intent to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) No. 94-1 (Brentwood Country Club); No. 95-2 (Hawthorne Landing); No. 95-3 (Pheasant Run); No. 95-4 (Diablo Estates); No. 95-5 (California Spirit and Glory); No. 95-6 (Gerry Ranch); No. 95-7 (Greystone); No. 95-8 (Garin Ranch); No. 97-1 (Hancock–Brentwood Lakes); No. 97-2 (Marsh Creek Apartments); No. 97-3 (Brentwood Park Apartments); No. 98-3 (Solana); No. 98-4 (Birchwood Estates); No. 98-5 (Arroyo Seco); No. 99-3 (SPA ‘L’); No. 99-4 (California Grove); No. 99-5 (Deer Creek Country Club); No. 99-6 (Trailside); No. 99-7 (Termo); No. 99-8 (Gerry Property); No. 99-9 (Richmond American); No. 00-2 (Lyon Woodfield); No. 00-3 (California Orchard); No. 00-4 (Brentwood Park); No. 01-1 (Laird Project); No. 02-2 (Oakstreet); No. 02-3 (Apricot Way); No. 02-4 (Braddock & Logan); No. 02-5 (Sand Creek & Brentwood Blvd.); No. 02-6 (Balfour & John Muir); No. 02-7 (San Jose & Sand Creek); No. 02-8 (Lone Tree); No. 02-9 (Balfour Plaza); No. 02-10 (Lone Tree Center); No. 02-11 (Lone Tree Plaza); No. 02-12 (Sunset Industrial); No. 02-13 (Stonehaven); No. 03-2 (Meritage Lone Tree); No. 03-3 (Brookdale Court); No. 03-4 (Tri City Plaza); No. 03-5 (West Summerset), No. 03-6 (Arbor Village), No. 03-7 (Garin Ranch Commercial), No. 03-8 (Blackhawk Commercial), No. 04-2 (Balfour-Griffith Commercial) and the Citywide Park Maintenance District No. 98-1.

Set June 22, 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
Actions were taken in previous years to form many of the Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1.

On March 23, 2004, City Council passed Resolution No. 2004-63 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 2004/2005.

BACKGROUND
The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer’s Report be prepared to set 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 Fiscal Year 2004/2005 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 Fiscal Year 2004/2005 tax roll and are calculated by considering all anticipated Fiscal Year 2004/2005 expenditures for maintenance, utilities and administration. Any excess dollars from previous fiscal years were rolled into this fiscal year’s reports and the assessment amounts were adjusted accordingly. The assessments may or may not change from fiscal year to 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 2004/2005 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 must be filed and a Public Hearing be held.

For the Consolidated Landscape & Lighting Assessment Districts, it is anticipated that Subdivision No. 8529 will be annexed into Assessment District No. 99-3, Subdivision No. 8534 will be annexed into Assessment District No. 02-2, Balfour Office Project DR 03-24 will be annexed into Assessment District No. 03-5, and Assessment District No. 04-2 (Balfour-Griffith Commercial) will be formed.

The proposed Assessment District No. 04-2 includes 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, 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 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, scheduled for Friday, April 30th, upon which the 45-day noticing and balloting period will 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 June 22, 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 will collect approximately $2,127,975 from the Consolidated Landscape & Lighting Assessment Districts and $1,269,776 from the Citywide Park Maintenance District No. 98-1 to cover anticipated maintenance, utility and administration expenses for Fiscal Year 2004/2005.

The cost of annexation and new district formation balloting that is required per Proposition No. 218 is being collected 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 2004-05 dated April 27, 2004
Preliminary Engineer’s Report for the Citywide Park Maintenance District No. 98-1 Fiscal Year 2004-05 dated April 27, 2004

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 2004/2005, AND THE CITYWIDE PARK MAINTENANCE DISTRICT FOR FISCAL YEAR 2004/2005, AND SET THE DATE OF JUNE 22, 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. 94-1 (Brentwood Country Club); No. 95-2 (Hawthorne Landing); No. 95-3 (Pheasant Run); No. 95-4 (Diablo Estates); No. 95-5 (California Spirit and Glory); No. 95-6 (Gerry Ranch); No. 95-7 (Greystone); No. 95-8 (Garin Ranch); No. 97-1 (Hancock–Brentwood Lakes); No. 97-2 (Marsh Creek Apartments); No. 97-3 (Brentwood Park Apartments); No. 98-3 (Solana); No. 98-4 (Birchwood Estates); No. 98-5 (Arroyo Seco); No. 99-3 (SPA ‘L’); No. 99-4 (California Grove); No. 99-5 (Deer Creek Country Club); No. 99-6 (Trailside); No. 99-7 (Termo); No. 99-8 (Gerry Property); No. 99-9 (Richmond American); No. 00-2 (Lyon Woodfield); No. 00-3 (California Orchard); No. 00-4 (Brentwood Park); No. 01-1 (Laird Project); No. 02-2 (Oakstreet); No. 02-3 (Apricot); No. 02-4 (Braddock & Logan); No. 02-5 (Sand Creek & Brentwood Blvd.); No. 02-6 (Balfour & John Muir); No. 02-7 (San Jose & Sand Creek); No. 02-8 (Lone Tree); No. 02-9 (Balfour Plaza); No. 02-10 (Lone Tree Center); No. 02-11 (Lone Tree Plaza); No. 02-12 (Sunset Industrial); No. 02-13 (Stonehaven); No. 03-2 (Meritage Lone Tree); No. 03-3 (Brookdale Court); No. 03-4 (Tri City Plaza); No. 03-5 (West Summerset), No. 03-6 (Arbor Village), No. 03-7 (Garin Ranch Commercial), No. 03-8 (Blackhawk Commercial), No. 04-2 (Balfour-Griffith Commercial); 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 2004/2005; 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 2004/2005; 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 2004/2005 and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for Fiscal Year 2004/2005 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 June 22, 2004, at 7:00 p.m., 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 27th day of April 2004 by the following vote:
 

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