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 CITY COUNCIL AGENDA ITEM NO. 03


Meeting Date: November 26, 2002

Subject/Title: Approve a Resolution of Initiation designating Francisco & Associates, Inc. as the Engineer of Work and approve a Resolution of Intention declaring the City’s intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts for the Mid Year of Fiscal Year 2002/2003, and set a date of January 14, 2003 for the Public Hearing

Submitted by: Engineering: B. Grewal/D. Galey

Approved by: John Stevenson, City Manager



RECOMMENDATION
Approve a Resolution designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of the Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts for the Mid Year of Fiscal Year 2002/2003.

Approve a Resolution declaring the intent to order improvements for the Landscape & Lighting Assessment Districts (LLD’s) No. 02-9 (Balfour Plaza); 02-10 (Lone Tree Center); 02-11 (Lone Tree Plaza); 02-12 (Sunset Industrial); 02-13 (Stonehaven); and de-annex Subdivision 8352 from 02-6 (Balfour & John Muir) and annex Subdivision 8352 to 99-5 (Deer Creek Country Club).

Set January 14, 2003, at 7:30 p.m. as the date for the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218.

PREVIOUS ACTION
An annual Engineer’s Report for Fiscal Year 2002/2003 was previously approved by the Brentwood City Council on July 9, 2002, by Resolution No. 2614. Actions were previously taken in prior years to form the City’s existing Landscape & Lighting Assessment Districts.

BACKGROUND
The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer’s Report be prepared to set new assessment rates each fiscal year. In addition, any new assessment districts or any annexations/de-annexations to the existing assessment districts also require an Engineer’s Report to be generated. The assessments may or may not change each fiscal year (dependent upon the annual maintenance and operational expenditures), 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. As a part of the process, the Landscaping and Lighting Act of 1972 requires that an Engineer’s Report must be filed with the City Clerk and a public hearing be held. 

For the Consolidated Landscape & Lighting Assessment Districts, it is anticipated that there will be the formation of five (5) new Assessment Districts: 02-9 (Balfour Plaza); 02-10 (Lone Tree Center); 02-11 (Lone Tree Plaza); 02-12 (Sunset Industrial); and 02-13 (Stonehaven). In addition, Subdivision 8352 is proposed to be de-annexed from District 02-6 (Balfour & John Muir) and annexed into District 99-5 (Deer Creek Country Club). 

The majority of the above new districts include non-residential development. The maximum assessment rate for non-residential development 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. In most cases, the City will be responsible for maintaining the roadway medians and streetlights only, with the remainder of the right-of-way improvements (frontage landscaping) maintained by the property owner. If the property owner fails to maintain the remainder of improvements to City standards, then the City will 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/de-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 these Districts through a mid year formation and annexation process instead of waiting until the typical Fiscal Year 2003/2004 update in July of 2003. 

The Landscape and Lighting Act of 1972 and Proposition 218 also requires 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 mailing of the notices and ballots on Wednesday, November 27, 2002 so that the 45-day noticing and balloting period can begin. 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 January 14, 2003. 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 $350,000 on an annual basis from the new districts referenced in the Consolidated Landscape & Lighting Assessment District Engineer’s Report for the Mid Year of Fiscal Year 2002/2003. In addition, District 99-5 will collect approximately $31,000 in additional revenue on an annual basis by annexing Subdivision 8352.

The cost of the preparation of the Engineer’s Report and balloting that is required per Proposition 218 is estimated to be $18,500 and is covered by funds deposited from the participating developers. Sunset Industrial is being developed by the City of Brentwood; therefore, $4,000 of the above $18,500 is covered by the City equally divided between the 3 enterprise accounts.


Attachments:
Resolution of Initiation
Resolution of Intention
Preliminary Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts Mid Year Annexation Fiscal Year 2002-03 dated November 26, 2002



RESOLUTION NO.


A RESOLUTION OF INITIATION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DESIGNATING FRANCISCO & ASSOCIATES, INC. AS THE ENGINEER OF WORK FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS AND ORDERING THE ENGINEER TO PREPARE AND FILE THE ENGINEER’S REPORT FOR THE MID YEAR OF FISCAL YEAR 2002/2003


WHEREAS, Section 22622 of the California Streets and Highways Code requires the City Council to adopt a resolution generally describing any proposed new improvements to be included in determining the annual assessment levied for any assessment district created under the Landscaping and Lighting Act of 1972; and 

WHEREAS, Section 22622 further requires that the City Council order the preparation of an Engineer’s Report prior to initiating proceedings to fix the annual levy of assessments for any such district.

NOW, THEREFORE BE IT RESOLVED

1. 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 & Lighting Assessment District Engineer’s Report for the Mid Year of Fiscal Year 2002/2003; 

2. The new assessment districts are described as District No. 02-9 (Balfour Plaza); 02-10 (Lone Tree Center); 02-11 (Lone Tree Plaza); 02-12 (Sunset Industrial); 02-13 (Stonehaven); and the de-annexation of Subdivision 8352 from 02-6 (Balfour & John Muir) and the annexation of Subdivision 8352 to 99-5 (Deer Creek Country Club); and

3. Francisco & Associates, Inc. is the firm designated by this Council as the Engineer of Work for the Consolidated Landscape & Lighting Assessment Districts for the Mid Year of Fiscal Year 2002/2003, and is hereby directed to file the Engineer’s Report in accordance with the provisions of 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 26th day of November 2002 by the following vote:




RESOLUTION NO. 


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE INTENT TO ORDER IMPROVEMENTS FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS FOR THE MID YEAR OF FISCAL YEAR 2002/2003, AND SET THE DATE OF JANUARY 14, 2003, AT 7:30 P.M. FOR THE PUBLIC HEARING PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218.


WHEREAS, the City of Brentwood intends to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) No. 02-9 (Balfour Plaza); 02-10 (Lone Tree Center); 02-11 (Lone Tree Plaza); 02-12 (Sunset Industrial); 02-13 (Stonehaven); and de-annex Subdivision 8352 from 02-6 (Balfour & John Muir) and annex Subdivision 8352 to 99-5 (Deer Creek Country Club); and

WHEREAS, the improvements to be made in the Landscape & Lighting Assessment Districts are generally described as the operating, maintaining and servicing of parks, landscaping, irrigating, lighting, and associated facilities located in and along arterial and collector streets around the various developments within the City as described in the Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report for the Mid Year of Fiscal Year 2002/2003; and

WHEREAS, Francisco & Associates, Inc., the Engineer of Work, has filed with the City Clerk the Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report for the Mid Year of Fiscal Year 2002/2003 required by the Landscaping and Lighting Act of 1972. 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; and

WHEREAS, Section 22663 of the California Streets and Highways Code provides public property shall be assessed and shall be payable from the general fund unless some other fund is designated.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that on January 14, 2003, at 7:30 p.m., the City Council will conduct a public hearing on the question of the levy of proposed 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.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Brentwood appoints, authorizes and directs the City Manager to cast a ballot on the City’s behalf with respect to any City owned parcel being assessed, with the assessment for the City owned property (APN Nos. 018-200-008 and 018-230-030), Sunset Industrial Complex, to be paid from the Enterprise Funds.

BE IT FURTHER RESOLVED that 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 26th day of November 2002, by the following vote:


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