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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: April 22, 2008

Subject/Title: Consideration of actions pertaining to the City’s Consolidated Landscape & Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1, for Fiscal Year 2008/09, including the adoption of a Resolution ordering improvements, confirming the diagram and assessments, authorizing the levy and collection of assessments and ordering the annexation of territory to Assessment District Nos. 99-8 Gerry Property, 02-3 Apricot Way and 02-11 Lone Tree Plaza.

Prepared by: Debra Galey, Management Analyst

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

RECOMMENDATION
Hold the Public Hearing on the annexation of territory to Landscape and Lighting Assessment District Nos. 99-8 Gerry Property, 02-3 Apricot Way and 02-11 Lone Tree Plaza; and the annual update of the City’s Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 for Fiscal Year 2008/09.

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

Adopt a Resolution approving the City’s Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1, Engineer’s Reports for Fiscal Year 2008/09, ordering improvements, confirming the diagram and assessments, authorizing the levy and collection of assessments and ordering the annexation of territory to Assessment District Nos. 99-8 Gerry Property, 02-3 Apricot Way and 02-11 Lone Tree Plaza.

PREVIOUS ACTION
Actions were taken in previous years to form the City’s 50 existing Landscape and Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1, and annually authorize the levy of assessments.

On February 12, 2008, by Resolution Nos. 2008-25 and 2008-26, City Council designated Francisco & Associates, Inc. as the Engineer of Work and directed the filing of the Consolidated Landscape & Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Reports for Fiscal Year 2008/09 and declared its intention to annex territory to Landscape and Lighting Assessment District Nos. 99-8 Gerry Property, 02-3 Apricot Way and 02-11 Lone Tree Plaza and set the Public Hearing date for April 22, 2008.

On April 8, 2008, by Resolution No. 2008-80, City Council declared the intention to order improvements and levy and collect assessments for the City’s Consolidated Landscape & Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1, for Fiscal Year 2008/09 and set the Public Hearing date for April 22, 2008.


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 2008/09 assessments in the Consolidated Landscape & Lighting Assessment Districts Final Engineer’s Report and the Citywide Park Maintenance District No. 98-1, Final Engineer’s Report will be assessed on the Fiscal Year 2008/09 property tax roll and are calculated by considering all anticipated expenditures for maintenance, utilities, capital improvements and administration. Any excess revenues from the previous fiscal year were carried over to current Engineer’s Reports and the assessment amounts were adjusted accordingly. The assessments 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, including an annual cost of living adjustment. The amounts being assessed for the Fiscal Year 2008/09 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 Assessment Districts. All new development, as a condition of approval of the project, are required to participate in a Landscape and Lighting Assessment District 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. 99-8 CUP No. 06-37, Futures Explored

No. 02-3 Apricot Way Subdivision No. 8506, 166 SFR Lots

No. 02-117 Lone Tree Plaza Subdivision No. 8506, 35 Commercial acres

Since the initiation action in February, two minor subdivision development projects have decided not to move forward at this time, and therefore have been removed from the annexation process. The proposed annexation into Assessment District No. 02-11, includes 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 lighting 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 Landscape and Lighting Act of 1972 and Proposition 218, require that all new annexations receive voter approval, by property owner, prior to final approval from City Council. To satisfy these requirements, notices and ballots have been provided to all property owners proposed for annexation. At the close of the Public Hearing the City Clerk (or designee) will determine if a majority approval exists to annex the proposed property to the existing assessment districts.

The second item under consideration at the close of the Public Hearing is to approve the Consolidated Report for the City’s Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1, and authorize the levy of assessments for Fiscal Year 2008/09.

FISCAL IMPACT
It is anticipated the City will collect approximately $4,534,278, from the Consolidated Landscape and Lighting Assessment Districts and $1,631,307, from the Citywide Park Maintenance District No. 98-1, to cover estimated maintenance, utility and administration expenses for Fiscal Year 2008/09.

To ensure the Landscape and Lighting Assessment 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 Assessment Districts are deposited with the City by the developer.

Attachments:
Resolution
Final Engineer’s Report - Consolidated Landscape & Lighting Assessment Districts FY 2008/09, dated April 22, 2008
Final Engineer’s Report - Citywide Park Maintenance District No. 98-1 FY 2008/09, dated April 22, 2008

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE CITY’S CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS & CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1, ENGINEER’S REPORTS FOR FISCAL YEAR 2008/09, ORDERING IMPROVEMENTS, CONFIRMING THE DIAGRAM AND ASSESSMENTS, AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS AND ORDERING THE ANNEXATION OF TERRITORY TO ASSESSMENT DISTRICT NOS. 99-8 GERRY PROPERTY, 02-3 APRICOT WAY AND 02-11 LONE TREE PLAZA PURSUANT TO THE STREETS AND HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972” AND PROPOSITION 218.

WHEREAS, on February 12, 2008, by Resolution of Initiation 2008-25, City Council 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; designated Francisco & Associates as the Engineer of Work and ordered the preparation of an Engineer’s Report to determine the annual levy of assessments for any such district; and

WHEREAS, on February 12, 2008, by Resolution 2008-26, City Council declared its intent for the annexation of territory to Landscape and Lighting Assessment District Nos. 99-8 Gerry Property, 02-3 Apricot Way and 02-11 Lone Tree Plaza and set the Public Hearing date for April 22, 2008; and

WHEREAS, as required by Proposition 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 in the annexation territory, identifying the improvements and assessments; 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 & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1, for Fiscal Year 2008/09; and

WHEREAS, on April 8, 2008, City Council approved Resolution No. 2008-80, declaring the intent to order improvements described in the City’s Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1, for Fiscal Year 2008/09 and set the Public Hearing date for April 22, 2008; and

WHEREAS, on April 22, 2008, City Council convened a Public Hearing and gave any interested person an opportunity to protest the assessments and Final Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts and the Final Engineer’s Report for the Citywide Park Maintenance District No. 98-1, either in writing or orally and determined that a majority protest had not been filed; and

WHEREAS, the amount of the assessments represented by the property owner assessment ballots, for the annexation of territory, 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. Approve the Final Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts and the Final Engineer’s Report for the Citywide Park Maintenance District No. 98-1, for Fiscal Year 2008/09; and

2. Order the improvements and confirm the diagram and assessments for Landscape and Lighting Assessment District Nos. 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 2008/09; and

3. Order the improvements and annexation of territory to existing Landscape and Lighting Assessment District Nos. 99-8 Gerry Property, 02-3 Apricot Way and 02-11 Lone Tree Plaza; and

4. Authorize the levy and collection of assessments for Fiscal Year 2008/09 for the Consolidated Landscape and Lighting Assessment Districts and 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 22nd day of April 2008 by the following vote:



CERTIFICATE OF MAILED BALLOT RESULTS
FOR THE CONSOLIDATED LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS
April 22, 2008

I, Margaret Wimberly, City Clerk of the City of Brentwood, hereby certify the results of the mailed ballot election held on April 22, 2008 to be as follows:
District No. 99-8 (annex CUP No. 06-37)
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 Subdivision No. 8506 Residential,)
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. 02-11 (annex Subdivision No. 8506 Commercial)
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: April 22, 2008

CITY OF BRENTWOOD

By
Margaret Wimberly
City Clerk of the City of Brentwood
 
City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
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E-mail allcouncil@brentwoodca.gov