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CITY COUNCIL AGENDA ITEM NO. 28

Meeting Date: January 13, 2004

Subject/Title: Consideration of a Resolution approving the Final Engineer’s Report, and confirming the formations and annexations within the Consolidated Landscape & Lighting Districts for Mid Year Fiscal Year 2003/04

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Hold the public hearing on the formation of Landscape & Lighting District No.’s 03-6 (Arbor Village), 03-7 (Garin Ranch Commercial) and 03-8 (Blackhawk Commercial) and the annexations to District No. 95-8 (Garin Ranch); District No. 02-3 (Apricot Way); District No. 02-8 (Lone Tree); District No. 03-2 (Meritage Lone Tree); and District No. 03-4 (Tri City Plaza) for Mid Year Fiscal Year 2003/04.

Confirm formations and annexations 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 (LLD’s) Mid Year Fiscal Year 2003/04.

PREVIOUS ACTION
On November 25, 2003, the City Council passed Resolution No. 3031 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 Fiscal Year 2003/04.

In addition, City Council passed Resolution No. 3039 declaring the intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts for the Mid Year of Fiscal Year 2003/04 and set the date of January 13, 2004 as the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition No. 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 an Engineer’s Report be generated for the formation of new assessment districts or annexations to existing assessment districts. The Engineer’s Report describes the improvements to be maintained and sets the maximum assessment that can be levied annually on properties within the districts benefiting from the improvements. 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 a part of the process, the Landscaping and Lighting Act of 1972 requires an Engineer’s Report to be filed with the City Clerk and a public hearing held.

For the Consolidated Landscape & Lighting Assessment Districts, it is anticipated that there will be the formation of three (3) new Assessment Districts: No. 03-6 (Arbor Village), No. 03-7 (Garin Ranch Commercial) and No. 03-8 (Blackhawk Commercial). In addition, Subdivision No.’s 8426 and 8627 are proposed to be annexed into District No. 95-8 (Garin Ranch); Subdivision No.’s 8556, 8557, 8601 and 8281 are proposed to be annexed into District No. 02-3 (Apricot Way); CUP03-04, MS364-02 and CUP99-06 are proposed to be annexed into District No. 02-8 (Lone Tree); Subdivision No. 8561 is proposed to be annexed into District No. 03-2 (Meritage Lone Tree); and DR00-14 is proposed to be annexed into District No. 03-4 (Tri City Plaza).

Some of the above new districts and annexations 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 street lights 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, 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 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 2004/2005 update in July of 2004.

The Landscape 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. Ballots for these areas were mailed on November 26, 2003, 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 annexations.

The second item under consideration at the close of the public hearing is approval of a resolution approving the Consolidated Engineer’s Report for the City’s Landscape & Lighting Districts Mid Year Annexation FY 2003/04.

FISCAL IMPACT
Upon completion of development, it is anticipated that the City can collect approximately $1.8 million on an annual basis from the new formations and annexations.

Attachments:
Resolution
Final Engineer’s Report – Consolidated Landscape & Lighting Districts Mid Year Annexation Fiscal Year 2003-04, dated January 13, 2004

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING THE ASSESSMENT DIAGRAM AND ASSESSMENT ROLL, ORDERING THE IMPROVEMENTS AND THE FORMATION OF NEW DISTRICTS FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS MID YEAR FY2003/04 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION NO. 218

WHEREAS, on November 25, 2003, 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 Fiscal Year 2003/04, and directed them to prepare and file a report; and

WHEREAS, on November 25, 2003, the Engineer of Work filed a Consolidated Report for the City’s Landscape & Lighting Districts Mid Year Fiscal Year 2003/04, and the City Council approved Resolution No. 3039 declaring the intent to order improvements and set a date of January 13, 2004 for a public hearing; and

WHEREAS, on January 13, 2004 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 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 City Council of the City of Brentwood hereby confirms the assessment diagram and assessment roll, orders the improvements and the formation of new districts as set forth in the Final Engineer’s Report for the Mid Year Annexation Fiscal Year 2003-04 prepared by the Engineer of Work.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of January 2004 by the following vote:

CERTIFICATE OF MAILED BALLOT RESULTS
FOR THE CONSOLIDATED LANDSCAPE & LIGHTING DISTRICTS
MID YEAR FY 2003-04
JANUARY 13, 2004

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 13, 2004, and I hereby certify the result of that count to be as follows:

District No. 03-6(formation Subdivision No. 8735)
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. 03-7(formation DR02-06 (Garin Ranch 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.

District No. 03-8(formation Blackhawk 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.

District No. 95-8(annexation of Subdivision No.’s 8426 & 8627)
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(annexation of Subdivision No.’s 8556, 8557, 8601 & 8281)
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. 02-8(annexation of CUP03-04 (Tire Center), MS364-02 (Family Fitness) & CUP99-06 (Golden Hills Church))
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. 03-2(annexation of Subdivision No. 8561)
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. 03-4(annexation of DR00-14 (Acorn Storage))
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 13, 2004

CITY OF BRENTWOOD

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

City Administration
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