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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: April 26, 2005

Subject/Title: Adopt 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 2005/2006, and set a date of June 14, 2005 for the Public Hearing.

Prepared by: Engineering: D. Galey
Parks and Recreation: K. DeSilva

Submitted by: Engineering: B. Grewal
Parks and Recreation: C. Bronzan

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); No. 05-2 (Brentwood Blvd. Commercial) and the Citywide Park Maintenance District No. 98-1.

Set June 14, 2005, 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 all existing Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1.

On February 22, 2005, City Council passed Resolution No. 2005-40, 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 2005/2006.

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 into existing assessment districts, also require an Engineer’s Report to be generated. The Fiscal Year 2005/2006 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 2005/2006 tax roll and are calculated by considering all anticipated expenditures for maintenance, utilities and administration. Any excess dollars from previous fiscal years were carried over to current 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 for the Fiscal Year 2005/2006 tax year are either at, or below the maximum assessment authorization. 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 the following actions are anticipated:

New District Formations:
No. 05-2 South Brentwood Boulevard CUP No. 03-09 Best Western Hotel

Annexations into Existing Districts:
No. 99-3 SPA L Grant St Subdivision No. 8808, 9 SFR Lots

No 02-6 Balfour and John Muir CUP No. 02-04 Assisted Living Facility
DR No. 04-21 Medical Office Building

No. 02-3 Apricot Way Subdivision No. 8663, 59 SFR Lots
Subdivision No. 8763, 11 SFR Lots
Subdivision No. 8701, 9 SFR Lots

No. 3-2 Lone Tree Subdivision No. 8724, 84 SFR Lots
Subdivision No. 8788, 311 SFR Lots

No. 03-5 West Summerset Subdivision No. 8781, 90 SFR Lots.

DeAnnexation from District No. 03-5 West Summerset into District No. 02-6 Balfour John Muir
MS No. 358-04 (including CUP No. 04-10 and CUP No. 04-11), approximate 8 acre retail commercial parcel on Balfour Road, west of the Hwy 4 Bypass

DR No. 03-24, 2.68 acre Office Building parcel NW corner of Balfour Road and John Muir Parkway

Fire Station No. 52 John Muir Parkway

The proposed Assessment District No. 05-2 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 portion of arterial and collector landscaped parkways on the streetside of the sidewalk, medians and street lights, 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 listed projects proposed for deannexation from their existing district and annexation into an adjacent existing district, are to better combine similar land uses and maintenance responsibility. These non-residential parcels would now be within the boundaries of one Landscaping and Lighting District where they are able to proportionately contribute their share to improvements benefiting all properties.

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 29, 2005, upon which 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 June 14, 2005. 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 $2,383,800 from the Consolidated Landscape & Lighting Assessment Districts and $1,322,400 from the Citywide Park Maintenance District No. 98-1 to cover anticipated maintenance, utility and administration expenses for Fiscal Year 2005/2006.

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 2005-06 dated April 26, 2005
Preliminary Engineer’s Report for the Citywide Park Maintenance District No. 98-1 Fiscal Year 2005-06 dated April 26, 2005

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 2005/2006, AND THE CITYWIDE PARK MAINTENANCE DISTRICT FOR FISCAL YEAR 2005/2006, AND SET THE DATE OF JUNE 14, 2005, 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); No. 05-2 (South Brentwood Boulevard 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 2005/2006;

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 2005/2006; 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 2005/2006 and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for Fiscal Year 2005/2006 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 14, 2005, 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 26th day of April 2005 by the following vote: 

 

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