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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: December 12, 2006

Subject/Title: Consideration of a Resolution approving the Final Engineer’s Report, and confirming the formations and annexations within Consolidated Landscape & Lighting Assessment Districts for the Mid Year Fiscal Year 2006/2007.

Prepared by: Public Works: D. Galey

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Hold the public hearing relating to the formation of Landscape and Lighting Assessment District No’s 06-3, 06-4 and 06-5 and the annexations to District No.’s 02-3, 02-5 and 04-2 for Mid Year Fiscal Year 2006/2007.

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

Adopt a Resolution ordering the formation of Landscape and Lighting Assessment District No.’s 06-3, 06-4 and 06-5; ordering the Annexation of Territory to Landscape and Lighting Assessment District No.’s 02-3, 02-5 and 04-2; ordering improvements and confirming the diagram and assessments for said districts as shown in the Final 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 “Landscaping and Lighting Act of 1972”.

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 & Lighting Assessment Districts for the 2006/2007 Fiscal Year.

On October 24, 2006, by Resolution No. 2006-267, City Council declared its intention to order improvements to the Consolidated Landscape & Lighting Assessment Districts for the Mid Year Fiscal Year 2006/2007 and set December 12, 2006 as the Public Hearing date pursuant to the Landscape and Lighting Act of 1972 and Proposition No. 218.

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 formation and annexation actions are anticipated:

New District Formations:
No. 06-3 Vineyards 1,232 SFR Lots, 350 MF Units, 200 Senior Units,
and 25 commercial acres

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,
1.9 commercial acres

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

For districts that include non-residential development, the maximum assessment rate 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 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.

Since the Preliminary Engineer’s Report was presented on October 24, 2006, staff has had additional discussions with the Vineyards Development (District No. 06-3) to further identify project amenities that will be maintained by the City and to clarify land use acreage. Clarification of these details has resulted in a revision to the maximum assessment rate for District No. 06-3, a reduction per parcel of $43.00, as shown in the Final Engineer’s Report. The property owners for District No. 06-3 have been noticed and balloted on the revised assessment rate.

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.

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 October 27, 2006, which is a minimum of 45 days prior to this Public Hearing.

At the close of the Public Hearing, the City Clerk (or her designee) will tabulate all ballots received. This information will be presented to the City Council during the meeting.

Upon tabulation results, if there is no majority protest, the Council will be presented with the attached Resolution approving the Final Consolidated Engineer’s Report for the City’s Landscape & Lighting Assessment Districts for Mid Year Fiscal Year 2006/2007 and ordering the formation and annexation of territory to the districts.

FISCAL IMPACT
It is anticipated that the City will collect approximately $3,980,520.04 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
 Consolidated Landscape & Lighting District Diagram
 Final Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts Mid Year Fiscal Year 2006/2007, dated December 12, 2006.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ORDERING THE FORMATION OF LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.’S 06-3, 06-4 AND 06-5; ORDERING THE ANNEXATION OF TERRITORY TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.’S 02-3, 02-5 AND 04-2; ORDERING IMPROVEMENTS, AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR SAID DISTRICTS AS SHOWN IN THE FINAL 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 “LANDSCAPING AND LIGHTING ACT OF 1972”.

WHEREAS, on March 28, 2006, City Council 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; and

WHEREAS, in accordance with Section 22585 of the California Streets and Highways Code, 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; and

WHEREAS, on October 24, 2006, City Council approved Resolution No. 2006-267, declaring the intent to order the formation of Landscape and Lighting Assessment District No.’s 06-3 Vineyards, 06-4 Villa Amador, 06-5 Barrington; declaring the intent to order 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; and setting a date of December 12, 2006 for a Public Hearing; and

WHEREAS, as required by Proposition No. 218 and in accordance with the requirements of Section 22588 of the California Streets and Highways Code, notices and ballots have been mailed to each affected property owner, identifying the improvements and assessments; and

WHEREAS, on December 12, 2006, City Council conducted a Public Hearing and gave any interested person an opportunity to protest the assessments and Mid Year Final Engineer’s Report either in writing or orally and determined that a majority protest had not been filed against either the formation or annexation of territory to the Landscape and Lighting Assessment Districts; and

WHEREAS, the amount of the assessments represented by the property owner assessment ballots submitted in favor of the assessment was greater than those submitted against the assessment as shown on Exhibit “A” attached.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby:

1. Order the improvements and formation of Landscape and Lighting Assessment District No.’s 06-3 Vineyards, 06-4 Villa Amador and 06-5 Barrington and confirms the diagram, assessment roll and assessments as modified and shown in the Final Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Mid Year Fiscal Year 2006/2007.

2. Order the improvements and 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 and confirms the diagram, assessment roll and assessments as shown in the Final Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Mid Year Fiscal Year 2006/2007.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of December 2006 by the following vote:

CERTIFICATE OF MAILED BALLOT RESULTS FOR THE
2006/2007 MID YEAR FISCAL YEAR
LANDSCAPE and LIGHTING DISTRICTS
DECEMBER 12, 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 December 12, 2006, and I hereby certify the result of that count to be as follows:

District No. 06-3(formation Subdivision No. 8796)
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. 06-4(formation Design Review No. 01-43 Villa Amador Apartments)
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. 06-5(formation Subdivision No. 8548)
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. 354-04)
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 DR No. 05-16 Gregory Ranch Retail)
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. 04-2 (annex Minor Subdivision No. 365-06)
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: December 12, 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