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CITY COUNCIL AGENDA ITEM NO. 23

Meeting Date: June 22, 2004

Subject/Title: Consideration of a Resolution approving the Final Engineer’s Reports and confirming the formation and annexations within the Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 to levy assessments for Fiscal Year 2004-05.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Hold the public hearing on the formation of Landscape & Lighting District No. 04-2 (Balfour-Griffith Commercial); the annexation of Subdivision No. 8529 to District No. 99-3 (SPA “L”), the annexation of Subdivision No. 8534 to District No. 02-2 (Oakstreet), the annexation of DR No. 03-24 to District No. 03-5 (West Summerset); and the annual update of Landscape & Lighting District No.’s 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, 03-2, 03-3, 03-4, 03-5, 03-6, 03-7, 03-8, 04-2 and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2004-05.

Confirm annexations and the formation 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 2004-05 and authorize the levying of assessments for those districts for the 2004-05 Fiscal Year.

PREVIOUS ACTION
Actions were taken in previous years to form the City’s 44 existing Landscape & Lighting Districts.

On April 27, 2004, City Council passed Resolution No. 2004-91 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 2004-05 and set the date of June 22, 2004, as the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition No. 218.

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 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 2004-05.

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 2004-05 assessments in the Consolidated Landscape & Lighting Assessment District Final Engineer’s Report and the Citywide Park Maintenance District No. 98-1 Final Engineer’s Report will be assessed on the Fiscal Year 2004-05 tax roll and are calculated by considering all anticipated Fiscal Year 2004-05 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 (where applicable). The amounts being assessed this Fiscal Year 2004-05 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 No. 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 that all new districts and annexations receive voter approval, by property owner, prior to final approval from City Council. Ballots for these areas were sent out on April 30, 2004, 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 formation 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 Fiscal Year 2004-05, and levying the assessments for the 2004-05 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 2004-05.

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 for the Citywide Park Maintenance District No. 98-1 to cover anticipated landscape and lighting maintenance, utility and administration expenses for Fiscal Year 2004-05.

Attachments:
Resolution
Final Engineer’s Report - Consolidated Landscape & Lighting Assessment Districts, dated June
22, 2004
Final Engineer’s Report - Citywide Park Maintenance District No. 98-1, dated June 22, 2004

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 2004-05 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 March 23, 2004, pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, 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 2004-05, and directed them to prepare and file a report; and

WHEREAS, on April 27, 2004, the Engineer of Work filed a Consolidated Report for the City’s Landscape & Lighting Districts, Fiscal Year 2004-05, and City Council approved Resolution No. 2004-91 declaring the intent to order improvements and set a date of June 22, 2004 for a public hearing; and

WHEREAS, on April 27, 2004, the Engineer of Work filed a Consolidated Report for the Citywide Park Maintenance District No. 98-1, Fiscal Year 2004-05, and City Council approved Resolution No. 2004-91 declaring the intent to order improvements and set a date of June 22, 2004 for a public hearing; and

WHEREAS, on June 22, 2004, 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 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 2004-05 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 22nd day of June 2004 by the following vote:

CERTIFICATE OF MAILED BALLOT RESULTS
FOR THE CONSOLIDATED LANDSCAPE & LIGHTING DISTRICTS
JUNE 22, 2004

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 June 22, 2004, and I hereby certify the result of that count to be as follows:

District No. 04-2 (formation CUP No. 03-02)
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 No. 99-3 (annex Subdivision No. 8529 to District No. 99-3)
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 No. 02-2 (annex Subdivision No. 8534 to District No. 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 No. 03-5 (annex DR No. 03-24 to District No. 03-5)
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: June 22, 2004

CITY OF BRENTWOOD

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

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