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CITY COUNCIL AGENDA ITEM NO. 27

Meeting Date: June 12, 2007

Subject/Title: Consideration of a Resolution 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 ordering improvements, confirming the diagram and assessments, authorizing the levy and collection of assessments and ordering the annexation of territory to 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.

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
Open the Public Hearing and continue the actions listed below to the Council meeting of June 26, 2007.

Hold the Public Hearing on the annexation of territory to 02-3 Apricot Way, 02-7 San Jose & Sand Creek, 02-9 Balfour Plaza, 02-10 Lone Tree Center, and 06-2 Palmilla; and the annual update of Landscape & Lighting District No.’s 94-1, 95-2, 95-3, 95-4, 95-5, 95-6, 95-7, 95-8, 97-1, 97-2, 97-3, 98-3, 98-4, 98-5, 99-3, 99-4, 99-5, 99-6, 99-7, 99-8, 99-9, 00-2, 00-3, 00-4, 01-1, 02-2, 02-3, 02-4, 02-5, 02-6, 02-7, 02-8, 02-9, 02-10, 02-11, 02-12, 02-13, 03-2, 03-3, 03-4, 03-5, 03-6, 03-7, 03-8, 04-2, 05-2, 06-2, 06-3, 06-4, 06-5 and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2007/08.

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 2007/08, ordering improvements, confirming the diagram and assessments, authorizing the levy and collection of assessments and ordering the annexation of territory to 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.

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

On April 24, 2007, by Resolution No. 2007-78, City Council declared its intention to order improvements and annex territory for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1, for Fiscal Year 2007/08 and set the date of June 12, 2007, as the Public Hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition No. 218.

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 the Consolidated Landscape & Lighting Assessment Districts Preliminary Engineer’s Report and the Citywide Park Maintenance District No. 98-1, Preliminary Engineer’s Report for Fiscal Year 2007/08.

BACKGROUND
One of the large commercial development projects proposed to be included within the LLD actions has not yet taken ownership of the property. Staff is requesting the actions be continued until the Council meeting of June 26th, at which time the Developer will have closed on the property and executed all necessary documents. The two week continuance, rather than exclusion of the property from the proceedings, will prevent the City from having to repeat the process. Each property owner affected has been provided a Notice of Continuance.

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 2007/08 assessments in the Consolidated Landscape & Lighting Assessment District Final Engineer’s Report and the Citywide Park Maintenance District No. 98-1, Final Engineer’s Report will be assessed on the Fiscal Year 2007/08 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 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 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 No. 218, require that all new districts and 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 her 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 approval of the Consolidated Report for the City’s Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1, and authorizing the levy of assessments for Fiscal Year 2007/08.

FISCAL IMPACT
It is anticipated the City will collect approximately $4,128,311, from the Consolidated Landscape & Lighting Assessment Districts and $1,660,451, from the Citywide Park Maintenance District No. 98-1, to cover estimated 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
Final Engineer’s Report - Consolidated Landscape & Lighting Assessment Districts, dated June 12, 2007
Final Engineer’s Report - Citywide Park Maintenance District No. 98-1, dated June 12, 2007

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 2007/08, ORDERING IMPROVEMENTS, CONFIRMING THE DIAGRAM AND ASSESSMENTS, AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS AND ORDERING THE ANNEXATION OF TERRITORY TO 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 PURSUANT TO THE STREETS AND HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972” AND 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; 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 proposed annexation of territory to existing Assessment Districts, concurrently with and through the same procedures as the formation of new Assessment Districts; 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 2007/08; and

WHEREAS, on April 24, 2007, City Council approved Resolution No. 2007-78, 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 2007/08 and declared the intent to order the annexation of territory to existing Landscape & 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 set a date of June 12, 2007 for a Public Hearing; and

WHEREAS, as required by Proposition No. 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, on June 12, 2007, City Council conducted 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 2007/08; and

2. Order the improvements and confirm the diagram and assessments as shown in said Engineer’s Reports; and

3. Order the improvements and annexation of territory to existing 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

4. Authorize the levy and collection of assessments for Fiscal Year 2007/08 for the Consolidated Landscape & 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 12th day of June 2007 by the following vote:



CERTIFICATE OF MAILED BALLOT RESULTS
FOR THE CONSOLIDATED LANDSCAPE & LIGHTING DISTRICTS
JUNE 12, 2007

I, Margaret Wimberly, City Clerk of the City of Brentwood, certify that:

I hereby certify the results of the mailed ballot election held on June 12, 2007 to be as follows:

District No. 02-3 (annex Subdivision No. 8982)
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. 02-7 (annex Design Review No. 06-08, Streets of Brentwood)
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. 02-9 (annex Design Review No. 06-20, The Plaza at Balfour)
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. 02-10 (annex Design Review No. 05-29, Lone Tree Town Plaza)
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. 06-2(annex Subdivision No. 8311)
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: June 12, 2007

CITY OF BRENTWOOD

By
Margaret Wimberly
City Clerk of the City of Brentwood
 

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