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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: April 25, 2006

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 2006/2007, and set a date of June 13, 2006, 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
Adopt 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 (Oak Street); 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 (South Brentwood Blvd. Commercial), No. 06-2 (Palmilla); and the Citywide Park Maintenance District No. 98-1.

Set June 13, 2006, 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 March 28, 2006, City Council passed Resolution No. 2006-56, 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 2006/2007.

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 2006/2007 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 2006/2007 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 assessment rates 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 2006/2007 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 Formation:
No. 06-2 Palmilla Subdivision No. 8729, 466 SFR Lots & 108 MF Units

Annexations into Existing Districts:
No. 94-1 East Commercial DR No. 04-34, Shops at Fairview

No 97-1 Brentwood Lakes DR No. 04-37, Country Club Retail

No. 02-3 Apricot Way Minor Subdivision No. 365-05, 5 SFR Lots
Minor Subdivision No. 354-04, 3 SFR Lots

No. 02-5 Sand Creek & Brentwood Blvd DR No. 04-26, Sunset Plaza

No. 02-8 Lone Tree DR No. 05-03, Shady Willow Plaza
DR No. 05-13, Best Buy

No. 03-2 Meritage Lone Tree Subdivision No. 8674, 186 SFR Lots
Subdivision No. 8875, 84 SFR Lots
Subdivision No. 8954, 240 SFR Lots
Minor Subdivision No. 359-03, 2 SFR Lots
Minor Subdivision No. 350-05, 3 SFR Lots

No. 03-3 Brookdale Court Subdivision No. 8854, 114 SFR Lots
Minor Subdivision No. 351-00, 3 SFR Lots

No. 05-2 South Brent Blvd Commercial DR No. 04-07, Harvest Commerce Center

Existing District with Revised Maximum Rate
The maximum assessment rate for District 03-5 West Summerset is proposed to be re-calculated due to an update of the ultimate land uses in this district. This Assessment District is under ownership by the Developer. When the District was originally formed, it was assumed there would be 90 single family units and a 120 unit multi-family complex and therefore the maximum assessment rate was set at $713.09, based upon the maximum expenditures. The 120 unit multi-family complex is proposed to be assessed at a commercial rather than multi-family rate, which is more reflective of the type of use by this assisted living facility. Therefore the assessment for the Senior Housing complex is proposed to be calculated on a per acre basis rather than a per unit basis. This re-calculation will cause the maximum assessment rate to be increased to $892.40.

The proposed annexations into Assessment District No.’s 94-1EC, 02-5, 02-8 and 05-2 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 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 Landscaping 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 28, 2006, 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 13, 2006. 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 $1,584,617, from the Citywide Park Maintenance District No. 98-1 to cover anticipated maintenance, utility and administration expenses for Fiscal Year 2006/2007.

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 2006-07 dated April 25, 2006
Preliminary Engineer’s Report for the Citywide Park Maintenance District No. 98-1 Fiscal Year 2006-07 dated April 25, 2006

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 2006/2007, AND THE CITYWIDE PARK MAINTENANCE DISTRICT FOR FISCAL YEAR 2006/2007, AND SET THE DATE OF JUNE 13, 2006, 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 (Oak Street); 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); No. 06-2 (Palmilla); 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 2006/2007;

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 2006/2007; 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 2006/2007 and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for Fiscal Year 2006/2007 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:
1. On June 13, 2006, at 7:00 p.m., City Council will conduct a Public Hearing on the question of the levy of proposed annual assessments and intent to order improvements for each of the assessment districts. The meeting and hearing will be held at the City Council Chambers, 734 Third Street, Brentwood, California;
2. 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 April 2006 by the following vote:
 

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