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 CITY COUNCIL AGENDA ITEM NO. 12



Meeting Date: January 14, 2003

Subject/Title: Approve a Resolution approving the Final Engineer’s Report, and confirming the formations and annexation/de-annexation within the Consolidated Landscape & Lighting Districts for Mid-Year Fiscal Year 2002/03.

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

Approved by: John Stevenson, City Manager



RECOMMENDATION
Hold the public hearing on the formation of Landscape & Lighting Districts 02-9 (Balfour Plaza), 02-10 (Lone Tree Center), 02-11 (Lone Tree Plaza), 02-12 (Sunset Industrial), and 02-13 (Stonehaven); and the annexation/de-annexation of Subdivision No. 8352 from District 02-6 (Balfour & John Muir) to District 99-5 (Deer Creek Country Club) for Mid-Year Fiscal Year 2002/03. 

Confirm formations and annexation/de-annexation with a simple majority property owner approval, weighted by assessment amount. 

Approve a Resolution approving the Final Engineer’s Report for the Consolidated Landscape & Lighting Districts Mid-Year Annexation Fiscal Year 2002/03 (LLD’s) and authorize the levying of assessments for those districts for the 2002/03 Fiscal Year. 

PREVIOUS ACTION
On November 26, 2002, the City Council passed Resolution No. 2743 designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of the Consolidated Landscape & Lighting District Preliminary Engineer’s Report for Mid-Year Annexation Fiscal Year 2002/03. 

In addition, the City Council passed Resolution No. 2744 declaring the intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts for the Mid-Year Fiscal Year 2002/03 and set the date of January 14, 2003 as the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218. Actions were taken in previous years to form the City’s existing Landscape & Lighting 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, the formation of new assessment districts or 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. As 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 No. 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 that were required to be installed for that development within the City’s right of way. In most cases, the City will be responsible for maintaining the roadway medians and streetlights only. The remainder of the improvements (frontage landscaping) will be the responsibility of the property owner. If the property owner fails to maintain the remainder of improvements to City standards, the City will then 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 2003/04 update in July of 2003. 

The Landscape and Lighting Act of 1972 and Proposition 218 require 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 November 27, 2002, which is a minimum of 45 days prior to this public hearing.

The City Clerk (or her designee) will tabulate all of the votes received after the close of the public input portion of the public hearing. This information will subsequently be presented to the City Council, prior to the Council vote on the new district formations and annexation/de-annexation.

The second item under consideration at the close of the public hearing is approval of a resolution approving the Consolidated Report for the City’s Landscape & Lighting Districts Mid Year Annexation FY 2002/03, and levying the assessments for the 2002/03 Fiscal Year.

The third and final action by the City Council is to authorize the levy of assessments for the Landscape & Lighting Assessment Districts included in the Mid Year Annexation for Fiscal Year 2002/03.

FISCAL IMPACT
Upon completion of development, it is anticipated that the City could collect approximately $365,000 on an annual basis from the new formations, and District 99-5 could collect approximately $31,000 in additional revenue by annexing Subdivision No. 8352.

The City has collected $1,189,615.66 in revenue from the existing LLD’s for Fiscal Year 2002/03.


Attachments:
Resolution
Final Engineer’s Report – Consolidated Landscape & Lighting Districts Mid Year Annexation Fiscal Year 2002-03, dated January 14, 2003

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING THE ASSESSMENT DIAGRAM AND ASSESSMENT ROLL AND AUTHORIZING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2002/03 FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS MID YEAR ANNEXATION PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218


WHEREAS, on November 26, 2002, pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council designated Francisco & Associates, Inc. as the Engineer of Work for the City’s Consolidated Landscape & Lighting Districts Mid-Year Annexation Fiscal Year 2002/03, and directed them to prepare and file a report; and

WHEREAS, on November 26, 2002, the Engineer of Work filed a Consolidated Report for the City’s Landscape & Lighting Districts Mid Year Annexation Fiscal Year 2002/03, and the City Council approved Resolution No. 2744 declaring the intent to order improvements and set a date of January 14, 2003 for a public hearing; and

WHEREAS, on January 14, 2003, the City Council conducted a public hearing and gave any interested person an opportunity to protest the assessments and annual report either in writing or orally, and the City Council has considered each protest.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby confirms the assessment diagram and assessment roll as set forth in the Final Engineer’s Report for the Mid-Year Annexation Fiscal Year 2002/03 prepared by the Engineer of Work.

BE IT FURTHER RESOLVED that the amount of the assessments represented by the assessment ballots submitted by those in favor of the assessment was greater than those submitted against the assessment as shown on Exhibit ‘A’ attached.

BE IT FURTHER RESOLVED that the assessments are hereby levied for fiscal year 2002/03 as set forth in the Consolidated Annual Report for the City’s Landscape & Lighting Districts Mid-Year Annexation Fiscal Year 2002/03.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of January 2003 by the following vote:









CERTIFICATE OF MAILED BALLOT RESULTS
FOR THE CONSOLIDATED LANDSCAPE & LIGHTING DISTRICTS
MID YEAR ANNEXATION FY2002-03
JANUARY 14, 2003

I, Karen Diaz, City Clerk of the City of Brentwood, certify that:

I personally counted the ballots cast at the mailed ballot election held on January 14, 2003, and I hereby certify the result of that count to be as follows:

District 02-9(formation CUP 01-23 or MS356-00)
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 02-10(formation Subd. 8617 or DR 01-32)
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 02-11(formation Subd. 8515 or DR 01-30)
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 02-12(formation Subd. 8588)
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 02-13(formation Subd. 8661 and CUP 01-8)
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 99-5(de-annex Subd 8352 from District 02-6 and annex to District 99-5))
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: January 14, 2003

CITY OF BRENTWOOD

By 
Karen Diaz, CMC
City Clerk of the City of Brentwood

City Administration
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