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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: October 24, 2006

Subject/Title: Consideration of actions pertaining to the formation of Landscape and Lighting Assessment Districts and annexation of territory to existing Landscape and Lighting Assessment Districts for the Mid Year of Fiscal Year 2006/2007.

Prepared by: Public Works: D. Galey

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution of Initiation proposing the formation of Landscape and Lighting Assessment District No.’s 06-3, 06-4 and 06-5 and proposing the annexation of territory to Landscape and Lighting Assessment District No.’s 02-3, 02-5 and 04-2 and ordering the Engineer of Work to prepare and file the Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Mid Year Fiscal Year 2006/2007 in accordance with provisions of the Streets and Highways Code “Landscape and Lighting Act of 1972”.

Adopt a Resolution declaring the intention to order the formation of Landscape and Lighting Assessment District No.’s 06-3, 06-4 and 06-5 and the annexation of territory to Landscape and Lighting Assessment District No.’s 02-3, 02-5 and 04-2 for the levy and collection of assessments and setting the date of December 12, 2006, at 7:00 PM for the Public Hearing in accordance with provisions of the Streets and Highways Code “Landscape and Lighting Act of 1972” and Proposition No. 218.

PREVIOUS ACTION
Actions were taken in previous years to form the City’s 47 existing Landscape and Lighting Assessment Districts.

On March 28, 2006, by Resolution No. 2006-56, City Council designated Francisco & Associates, Inc. as the Engineer of Work for the Consolidated Landscape and Lighting Assessment Districts for the 2006/2007 Fiscal Year.

BACKGROUND
The Landscaping and Lighting Act of 1972 requires that an Engineer’s Report be generated for any new assessment districts or any annexations into existing assessment districts. The Engineer’s Report identifies public improvements to be maintained, as well as a maximum annual assessment rate to be levied on properties benefiting from these improvements. These assessment rates may or may not change each fiscal year, dependent on the maintenance budget, but cannot exceed the maximum annual assessment amount set when the assessment districts were originally formed, plus an annual cost of living adjustment. This report will set the maximum annual assessment rates for the new assessment districts being proposed and annex additional development projects into existing districts that were formed with previous Council actions. 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 and Lighting Assessment Districts for Mid Year Fiscal Year 2006/2007 the following actions are anticipated:

New District Formations:
No. 06-3 Vineyards 1,250 SFR Lots, 350 MF Units, 200 Senior Units,
1-HOA Community Center Parcel, 1-Winery Parcel & 1-Commercial Parcel (Pioneer Square)

No. 06-4 Villa Amador Apartments DR No. 01-43, 96 MF Units

No. 06-5 Barrington Subdivision No. 8548, 494 SFR Lots, Elementary School Parcel and a Fire Station Parcel

Annexations into Existing Districts:
No. 02-3 Apricot Way Minor Subdivision No. 354-04, 3 SFR Lots

No. 02-5 Sand Creek & Brentwood Blvd. DR No. 05-16, Gregory Ranch Retail

No. 04-2 Balfour-Griffith Commercial DR No. 05-27/MS No. 356-04, City Block

Districts No. 02-5 and No. 04-2 include non-residential development. The maximum assessment rates for non-residential development have 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 and benefit the property. 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 through a License Agreement with the City. If the property owner fails to maintain the remainder of the improvements to City standards, then the City may assume maintenance responsibility; therefore, the maximum assessment rate will not be assessed unless the City has assumed complete maintenance responsibility.

These new formations and annexations are moving quickly through the development process. In order to ensure that the assessment districts will be established prior to completion of each development, it is imperative to take districts through a mid year formation and annexation process instead of waiting until the typical Fiscal Year 2007/2008 update in July of 2007.

In compliance with the Streets and Highways Code, tonight’s actions will:
1. Initiate required proceedings by proposing the formation of new LLDs and annexation of territory to existing LLDs, and ordering the Engineer of Work to prepare and file an Engineer’s Report describing the improvements.
2. Once the Engineer’s Report is filed, declare the intent to order the formation of new LLDs and annexation of territory to existing LLDs and setting the public hearing date.

The Landscaping and Lighting Act of 1972 and Proposition No. 218 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 45-day noticing and balloting period and mailing of these notices and ballots to the property owners. 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 December 12, 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 $4,177,987 on an annual basis from the new district formations and annexations referenced in the Consolidated Landscape and Lighting Assessment District Engineer’s Report for the Mid Year of Fiscal Year 2006/2007. This assessment revenue is to cover anticipated maintenance, utility and administration expenses associated with public improvements constructed by and benefiting these new developments.

To ensure the Landscape and Lighting Districts are self-supporting, each existing district has had an administrative cost factored into the assessment rate during formation, to cover creation of annual Engineer’s Reports and levying of assessments. Funds to cover the costs associated with formation of each new/annexed Landscape and Lighting District are deposited with the City by the developer.

Attachments:
 Resolution of Initiation
 Resolution of Intention
 Preliminary Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts Mid Year Fiscal Year 2006/07, dated October 24, 2006.

RESOLUTION NO.

A RESOLUTION OF INITIATION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD PROPOSING THE FORMATION OF LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO.’S 06-3, 06-4 AND 06-5 AND PROPOSING THE ANNEXATION OF TERRITORY TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.’S 02-3, 02-5 AND 04-2 AND ORDERING THE ENGINEER OF WORK TO PREPARE AND FILE THE ENGINEER’S REPORT FOR THE CONSOLIDATED LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS FOR MID YEAR FISCAL YEAR 2006/2007 IN ACCORDANCE WITH PROVISIONS OF THE STREETS AND HIGHWAYS CODE “LANDSCAPE AND LIGHTING ACT OF 1972”.

WHEREAS, Section 22585 of the California Streets and Highways Code requires the City Council to adopt a resolution of initiation for the formation of a Landscape and Lighting Assessment District generally describing the proposed district and the improvements to be included; and

WHEREAS, Section 22585 further requires that the City Council order the preparation of an Engineer’s Report prior to initiating proceedings to determine the annual levy of assessments for any such district; and

WHEREAS, Section 22605 of the California Streets and Highways Code authorizes the City Council to propose annexation of territory to existing Assessment Districts, concurrently with and through the same procedures as the formation of new Assessment Districts; and

WHEREAS, the City Council has previously designated Francisco and Associates, Inc. as the Engineer of Work for preparing and filing Engineer’s Reports for the Consolidated Landscape and Lighting Assessment Districts for the 2006/2007 Fiscal Year.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that:
1. The City Council of the City of Brentwood hereby proposes the formation of Landscape and Lighting Assessment District No.’s 06-3 Vineyards, 06-4 Villa Amador and 06-5 Barrington.

2. The City Council of the City of Brentwood hereby proposes the annexation of territory to existing Landscape and Lighting Assessment District No.’s 02-3 Apricot Way, 02-5 Sand Creek and Brentwood Boulevard and 04-2 Balfour Griffith Commercial.

3. The improvements to be made in these assessment districts are generally described as the operation, maintenance and servicing of parks, landscaping, irrigation, lighting and associated facilities located in and along arterial and collector streets and within other public areas as referenced in the Consolidated Landscape and Lighting Assessment District Engineer’s Report for the Mid Year Fiscal Year 2006/2007.

4. Francisco and Associates, Inc. as Engineer of Work is hereby ordered to prepare and file an Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Mid Year Fiscal Year 2006/2007 with the City Clerk, in accordance with provisions of the Landscape 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 24th day of October 2006 by the following vote:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE INTENTION TO ORDER THE FORMATION OF LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.’S 06-3, 06-4 AND 06-5 AND THE ANNEXATION OF TERRITORY TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.’S 02-3, 02-5 AND 04-2; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING THE DATE OF DECEMBER 12, 2006, AT 7:00 P.M. FOR THE PUBLIC HEARING IN ACCORDANCE WITH PROVISIONS OF THE STREETS AND HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972” AND PROPOSITION NO. 218.

WHEREAS, the City Council of the City of Brentwood, by approval of Resolution of Initiation 2006-____, has proposed the formation of Landscape and Lighting Assessment Districts Nos. 06-3 Vineyards,06-4 Villa Amador 06-5 Barrington and annexations of territory to existing Districts Nos. 02-3 Apricot Way, 02-5 Sand Creek & Brentwood Boulevard and 04-2 Balfour-Griffith Commercial; and

WHEREAS, the Engineer of work has filed an Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Mid Year Fiscal Year 2006/2007 with the City Clerk, in accordance with provisions of the Landscape and Lighting Act of 1972; and

WHEREAS, Section 22587 of the Streets and Highways Code requires the City Council to declare the intention to order the formation of a Landscape and Lighting Assessment District and annexation of territory to existing Assessment Districts and declare the intention to levy and collect assessments.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that:
1. The City Council of the City of Brentwood hereby declares the intention to order the formation of Landscape and Lighting Assessment District Nos. 06-3 Vineyards, 06-4 Villa Amador and 06-5 Barrington and declares the intention to levy and collect assessments in said Assessment Districts.

2. The City Council of the City of Brentwood hereby declares the intention to order the annexation of territory to Landscape and Lighting Assessment District Nos. 02-3 Apricot Way, 02-5 Sand Creek and Brentwood Boulevard and 04-2 Balfour Griffith Commercial and declares the intention to levy and collect assessments in said Assessment Districts.

3. The improvements to be made in these assessment districts are generally described as the operation, maintenance and servicing of parks, landscaping, irrigation, lighting and associated facilities located in and along arterial and collector streets and within other public areas as referenced in the Consolidated Landscape and Lighting Assessment District Engineer’s Report for the Mid Year Fiscal Year 2006/2007 on file with the City Clerk. All interested persons are referred to the Engineer’s Report 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.

4. On December 12, 2006, at 7:00 p.m., City Council will conduct a Public Hearing on the question of the formation of and/or annexation of territory to Assessment Districts and the levy of proposed maximum 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.

5. The City Clerk is authorized and directed to give the notice of public 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 24th day of October 2006 by the following vote:

 

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