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CITY COUNCIL AGENDA ITEM NO. 13


Meeting Date: April 24, 2007

Subject/Title: Consideration of actions pertaining to the City’s Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 for Fiscal Year 2007/08, including the adoption of a resolution declaring the intention to order improvements, levy and collect assessments and declaring the intention to annex territory to Assessment Districts Nos. 02-3 Apricot Way, 02-7 San Jose & Sand Creek, 02-9 Balfour Plaza, 02-10 Lone Tree Center, and 06-2 Palmilla.

Prepared by: Debra Galey, Management Analyst
Ken DeSilva, Landscape/Facilities Manager

Submitted by: Bailey Grewal, Director of Public Works/City Engineer
Craig Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a Resolution declaring the intention 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); No. 06-3 (Vineyards); No. 06-4 (Villa Amador); No. 06-5 (Barrington) and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2007/08; and declaring the intention to annex territory to Assessment Districts No. 02-3 Apricot Way, 02-7 San Jose & Sand Creek, 02-9 Balfour Plaza, 02-10 Lone Tree Center, and 06-2 Palmilla for the levy and collection of assessments.

Set June 12, 2007, at 7:00 p.m. as the date for the Public Hearing in accordance with the provisions of the Streets & Highways Code “Landscaping and Lighting Act of 1972” and California 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 February 27, 2007, by Resolution No. 2007-33, City Council designated Francisco & Associates, Inc. as the Engineer of Work and directed 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 2007/08.

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 annexation of additional property into existing assessment districts also requires an Engineer’s Report to be generated. The Fiscal Year 2007/08 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 2007/08 tax roll and are calculated by considering all anticipated expenditures for maintenance, utilities and administration. Any excess dollars from previous fiscal years are carried over to current reports and the assessment amounts are adjusted accordingly. The assessment rates may or may not change from fiscal year to fiscal year, dependant upon maintenance to be performed, 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 2007/08 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.

In addition to calculating annual maintenance assessment rates, the Engineer’s Report also proposes the annexation of additional development projects into existing Landscape and Lighting Districts. All new development, as a condition of approval of the project, are required to participate in a LLD for the maintenance of public landscape and lighting improvements benefiting the property and constructed as a part of the project.
The following annexation actions are anticipated:

Annexations into Existing Districts:
No. 02-3 Apricot Way Subdivision No. 8982, 37 SFR Lots

No. 02-7 San Jose & Sand Creek DR No. 06-08, Streets of Brentwood 53 commercial acres

No. 02-9 Balfour Plaza DR No. 06-20, The Plaza at Balfour 3.6 commercial acres

No. 02-10 Lone Tree Center DR No. 05-29, Lone Tree Town Plaza 10 commercial acres

No. 06-2 Palmilla Subdivision No. 8311, 106 SFR Lots

The proposed annexations into Assessment District Nos. 02-7, 02-9 and 02-10 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, 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 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 & balloting period and the mailing of the notices and ballots to property owners. At the close of the Public Hearing, June 12, 2007, the ballots will be tabulated and the City Clerk will determine if a majority approval exists to annex the proposed property to the existing assessment districts.

FISCAL IMPACT
It is anticipated that the City will collect approximately $3,973,617, from the Consolidated Landscape & Lighting Assessment Districts and $1,660,451, from the Citywide Park Maintenance District No. 98-1 to cover anticipated maintenance, utility and administration expenses for Fiscal Year 2007/08.

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 annexation of property into the Landscape and Lighting Districts are deposited with the City by the developer.

Attachments:
• Resolution of Intention
• Preliminary Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts Fiscal Year 2007-08 dated April 10, 2007
• Preliminary Engineer’s Report for the Citywide Park Maintenance District No. 98-1 Fiscal Year 2007-08 dated April 10, 2007

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE INTENTION TO ORDER IMPROVEMENTS FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS AND THE CITYWIDE PARK MAINTENANCE DISTRICT FOR FISCAL YEAR 2007/08; DECLARING THE INTENTION TO ANNEX TERRITORY TO EXISTING ASSESSMENT DISTRICTS; DECLARING THE INTENTION TO LEVY & COLLECT ASSESSMENTS; AND SETTING THE DATE OF JUNE 12, 2007, AT 7:00 P.M. FOR THE PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF THE STREETS & HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972” AND CALIFORNIA PROPOSITION NO. 218.

WHEREAS, the City Council of the City of Brentwood, by approval of Resolution of Initiation 2007-33 has described any proposed improvements to be included for the determination of annual assessments levied for any assessment district created under the Landscaping and Lighting Act of 1972; ordered the preparation of an Engineer’s Report to determine the annual levy of assessments for any such district; and proposed annexation of territory to existing Assessment Districts, concurrently with and through the same procedures as the formation of new Assessment Districts; and

WHEREAS, Section 22587 of the Streets and Highways Code requires the legislative body to declare the intention to order the annexation of territory into Landscape and Lighting Districts and declare the intention to levy and collect assessments; and

WHEREAS, the Engineer of work has filed a Preliminary Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts and The Citywide Park Maintenance District No. 98-1 for Fiscal Year 2007/08 with the City Clerk, in accordance with provisions of the Landscape and Lighting Act of 1972.

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

1. It hereby declares the intention to order improvements for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District 98-1 for Fiscal Year 2007/08 and declares the intention to levy and collect assessments in said Assessment Districts.

2. 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 Preliminary Engineer’s Report for the Fiscal Year 2007/08 and the Citywide Park Maintenance District Preliminary Engineer’s Report for the Fiscal Year 2007/08 on file with the City Clerk. 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.

3. It hereby declares the intention to order the annexation of territory to Landscape and Lighting Assessment District Nos. 02-3 Apricot Way, 02-7 San Jose & Sand Creek, 02-9 Balfour Plaza, 02-10 Lone Tree Center, and 06-2 Palmilla and declares the intention to levy and collect assessments in said Assessment Districts.

4. On June 12, 2007, at 7:00 p.m., it will conduct a Public Hearing on the question of the annexation of territory to the existing Assessment Districts and the levy of proposed annual assessments for each of the Assessment Districts for Fiscal Year 2007/08. 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 April 2007 by the following vote:



 

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