City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: June 14, 2005

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 2005/06.

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

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

RECOMMENDATION
Hold the public hearing on the formation of Landscape & Lighting District No. 05-2 (Brentwood Boulevard Commercial); the annexation of Subdivision No. 8808 to District No. 99-3 (SPA “L”), the annexation of Subdivision No. 8663, 8763, & 8701 to District No. 02-3 (Apricot Way), the annexation of CUP No. 02-04 & DR No. 04-21 to District No. 02-6 (Balfour & John Muir), the annexation of Subdivision No. 8724 & 8788 to District No. 03-2 (Meritage Lone Tree), the annexation of Subdivision No. 8953 to District No. 03-5 (West Summerset), the de-annexation/annexation of MS No. 358-04, DR No. 03-24 and the Fire Station from District No. 03-5 to District No. 02-6; 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, 05-2 and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2005/06.

Confirm annexations and the formation with a simple majority property owner approval, weighted by assessment amount.

Adopt 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 2005/06 and authorize the levying of assessments for those districts for the 2005/06 Fiscal Year.

PREVIOUS ACTION
Actions were taken in previous years to form the City’s 45 existing Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1 and annually authorize the levying of assessments.

On April 26, 2005, City Council passed Resolution No. 2005-87, 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 2005/06 and set the date of June 14, 2005 as the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition No. 218.


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 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 2005/06.

BACKGROUND
The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer’s Report be prepared to set Landscaping and Lighting Assessment District 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 2005/06 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 2005/06 tax roll. The assessments are calculated by considering all anticipated expenditures for maintenance, utilities, capital improvements 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, including an annual cost of living adjustment. The amounts being assessed for the Fiscal Year 2005/06 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 Street 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. 8953, 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 acres of retail commercial and office parcels 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 formation of 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 as a part of the 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 de-annexation 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 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 29, 2005, which is a minimum of 45 days prior to this public hearing.

The City Clerk (or her designee) will tabulate all 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 2005/06, and levying the assessments for the 2005/06 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 2005/06.

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 2005/06.

Attachments:
Resolution
Final Engineer’s Report - Consolidated Landscape & Lighting Assessment Districts, dated June 14, 2005
Final Engineer’s Report - Citywide Park Maintenance District No. 98-1, dated June 14, 2005

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 2005/06 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 NO. 218.

WHEREAS, on February 22, 2005, 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 2005/06, and directed the preparation and filing of a report; and

WHEREAS, on April 26, 2005, the Engineer of Work filed a Consolidated Report for the City’s Landscape & Lighting Districts, Fiscal Year 2005/06, and City Council approved Resolution No. 2005-87, declaring the intent to order improvements and set a date of June 14, 2005 for a public hearing; and

WHEREAS, on April 26, 2005, the Engineer of Work filed a Consolidated Report for the Citywide Park Maintenance District No. 98-1, Fiscal Year 2005/06, and City Council approved Resolution No. 2005-87 declaring the intent to order improvements and set a date of June 14, 2005 for a public hearing; and

WHEREAS, on June 14, 2005 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 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 2005/06 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 14th day of June 2005 by the following vote:

CERTIFICATE OF MAILED BALLOT RESULTS
FOR THE CONSOLIDATED LANDSCAPE & LIGHTING DISTRICTS
JUNE 14, 2005

I, Cynthia Garcia, Interim City Clerk of the City of Brentwood, certify that:

I personally counted the ballots cast at the mailed ballot election held on June 14, 2005, and I hereby certify the result of that count to be as follows:

District 05-2(formation DR03-09)

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 99-3(annex Subdivision 8808)

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 Subdivisions 8663, 8763, & 8701)

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 02-6 (annex CUP02-04, DR04-21, MS358-04, DR03-24 & Fire Station)

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 03-2(annex Subdivisions 8724 & 8788)

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(annex Subdivision 8953)

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 14, 2005

CITY OF BRENTWOOD

By
Cynthia Garcia
Interim City Clerk of the City of Brentwood

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov