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CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: June 13, 2006

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 2006/2007.

Prepared by: Public Works: D. Galey
Parks and Recreation: K. DeSilva

Submitted by: Public Works: B. Grewal
Parks and Recreation: C. Bronzan

RECOMMENDATION
Hold the public hearing on the formation of Landscape & Lighting District No. 06-2 (Palmilla); the annexation of DR No. 04-34 to District No. 94-1EC (Brentwood Country Club), the annexation of DR No. 04-37 to District No. 97-1 (Brentwood Lakes), the annexation of Minor Subdivision No. 365-05 to District No. 02-3 (Apricot Way), the annexation of DR No. 04-26 to District No. 02-5 (Sandcreek & Brentwood Blvd.), the annexation of DR No. 05-03 and DR No. 05-13 to District No. 02-8 (Lone Tree), the annexation of Subdivision No.’s 8674, 8875, 8954 and Minor Subdivision No.’s 350-05 and 359-03 to District No. 03-2 (Meritage Lone Tree), the annexation of Subdivision No. 8854 and Minor Subdivision No. 351-00 to District No. 03-3 (Brookdale Court), the annexation of DR No. 04-07 to District No. 05-2 (South Brentwood Boulevard Commercial); 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, 06-2 and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2006/07.

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 2006/07 and authorize the levying of assessments for those districts for the 2006/07 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 25, 2006, City Council passed Resolution No. 2006-80, 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 2006/07 and set the date of June 13, 2006 as the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition No. 218.

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 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 2006/07.

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 2006/07 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 2006/07 tax roll and 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 2006/07 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. 06-2 Palmilla Subdivision No. 8729, 466 SFR and 108 MFR units

Annexations into Existing Districts:
No. 94-1EC Brentwood Country Club DR No. 04-34 Shops at Fairview, 9.37 commercial acres

No 97-1 Brentwood Lakes DR No. 04-37 Country Club, 2.33 commercial acres

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

No. 02-5 Sandcreek & Brentwood Blvd. DR No. 04-26 Sunset Plaza, 2.74 commercial acres

No. 02-8 Lone Tree DR No. 05-03 Shady Willow Plaza, 3.19 commercial acres
DR0 No. 5-13 Best Buy, 5.63 commercial acres

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

No. 03-3 Brookdale Court Subdivision No. 8854, 111 SFR and 4 Condo units
Minor Subdivision No. 351-00, 3 SFR Lots

No. 05-2 South Brentwood Blvd. DR No. 04-07 Harvest Commerce Center, 4.88 light
Commercial industrial acres

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 28, 2006, 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 2006/07, and levying the assessments for the 2006/07 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 2006/07.

FISCAL IMPACT
It is anticipated that the City will collect approximately $3,257,731 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 2006/07.

Attachments:
Resolution
Final Engineer’s Report - Consolidated Landscape & Lighting Assessment Districts, dated June 13, 2006
Final Engineer’s Report - Citywide Park Maintenance District No. 98-1, dated June 13, 2006

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 2006/07 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 March 28, 2006, 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 2006/07, and directed the preparation and filing of a report; and

WHEREAS, on April 25, 2006, the Engineer of Work filed a Consolidated Report for the City’s Landscape & Lighting Districts, Fiscal Year 2006/07, and a Consolidated Report for the Citywide Park Maintenance District No. 98-1, Fiscal Year 2006/07, and City Council approved Resolution No. 2006-80, declaring the intent to order improvements and set a date of June 13, 2006 for a public hearing; and

WHEREAS, on June 13, 2006, 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 does hereby:

1. confirm the assessment diagram and assessment roll as set forth in the annual reports by the Engineer of Work.

2. resolve 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.

3. resolve that the assessments are hereby levied for Fiscal Year 2006/07 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 13th day of June 2006 by the following vote:

CERTIFICATE OF MAILED BALLOT RESULTS
FOR THE CONSOLIDATED LANDSCAPE & LIGHTING DISTRICTS
JUNE 13, 2006

I, Margaret Wimberly, City Clerk of the City of Brentwood, certify that:

I personally counted the ballots cast at the mailed ballot election held on June 13, 2006, and I hereby certify the result of that count to be as follows:

District No. 06-2(formation Subdivision No. 8729)
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. 94-1EC (annex DR No. 04-34 Shops @ Fairview)
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. 97-1 (annex DR No. 04-37 Country Club)
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. 02-3 (annex Minor Subdivision No. 365-05)
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. 02-5 (annex Design Review No. 04-26 Sunset Plaza)
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. 02-8 (annex DR No. 05-03 Shady Willow Plaza & DR No. 05-13 Best Buy)
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. 03-2(annex Subdivision No.’s 8674, MS No. 350-05, MS No. 359-03, 8875, & 8954)
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. 03-3(annex Subdivision No. 8854 & Minor Subdivision No. 351-00)
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. 05-2 (annex Design Review No. 04-07 Harvest Commerce Center)
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 13, 2006

CITY OF BRENTWOOD

By
Margaret Wimberly
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