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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date:  May 23, 2000

Subject/Title:     Intent to order improvements of Lighting and Landscape Districts for fiscal year 2000/2001

Submitted by:    Engineering: J. Stevenson

Approved by:     Jon Elam, City Manager

RECOMMENDATION

Approve a Resolution declaring the intent to order improvements of the Lighting and Landscape Maintenance Districts 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (SPA ‘D’ including Greystone); 95-8 (Garin Ranch); 97-1 Hancock – Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (SPA ‘L’); 99-4 (California Grove); 99-5 (Deer Creek country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard) and 00-4 (Brentwood Park).

Set a date of July 11, 2000, at 7:30 p.m. for the public hearing pursuant to the Landscape and Lighting Act of 1972 and Proposition 218.

PREVIOUS ACTION

Actions were taken in previous years to form many of the Lighting and Landscape Districts (LLD’s).

On March 14, 2000, the City Council passed Resolution No. 2037 designating Berryman & Henigar, Inc. as the Engineer of Work and directing the filing of a Consolidated Annual Report.

BACKGROUND

The Lighting and Landscape Act of 1972 requires an annual review and updated Engineer’s Report to set a new assessment every year.  The assessments calculated in last year’s engineer’s reports for the various LLD’s were levied and collected this year.  The FY ‘00-’01 assessments in the report to be assessed on the next tax roll are calculated by considering all monies charged against the district during this year.  Any excess dollars from previous years were rolled into this year’s report and the assessment amounts were amended accordingly.  The assessments may or may not change each year, but cannot exceed the maximum amount set when the districts were originally formed plus an annual cost of living adjustment.  The amounts being assessed this ‘00-’01 tax year are at or below the maximum assessment.  As a part of the process, the Lighting and Landscape Act of 1972 requires that an Engineer’s Report be filed and a public hearing be held.

It is anticipated that there will be three (3) subdivisions annexed into Assessment District No. 94-1 (Brentwood Country Club), two (2) subdivisions annexed into Assessment District No. 95-2 (Hawthorne Landing), two (2) subdivisions annexed into Assessment District No. 95-8 (Garin Ranch), and one (1) subdivision annexed into Assessment District No. 99-9 (Richmond American), and the formation of three (3) new Assessment Districts: 00-2 (Lyon Woodfield), 00-3 (California Orchard) and 00-4 (Brentwood Park).  The assessments for districts 00-2 and 00-4 will be set at $0 this year because there will be no landscaping to maintain this year.  These annexations and new districts will need voter approval prior to final approval from City Council.  Voter approval in these districts consists primarily of votes of the developers since the majority of the lots are still owned by the developers.  The adoption of this resolution will trigger the mailing of the ballots on Friday, May 26, so that the 45-day period can begin.  The ballots will be back in and counted prior to City Council action on July 11, 2000.  The cost of the Engineer’s Report and balloting that is required by Proposition 218 has been collected from the developer as is standard practice.

It is anticipated that the City will collect approximately $777,172.03 to pay for landscape maintenance and street lighting in the various districts.

RESOLUTION NO.     

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE INTENT TO ORDER IMPROVEMENTS OF THE LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS 94-1 (BRENTWOOD COUNTRY CLUB); 95-2 (HAWTHORNE LANDING); 95-3 (PHEASANT RUN); 95-4 (DIABLO ESTATES); 95-5 (CALIFORNIA SPIRIT AND GLORY); 95-6 (GERRY RANCH); 95-7 (SPA ‘D’ INCLUDING GREYSTONE); 95-8 (GARIN RANCH); 97-1 HANCOCK – BRENTWOOD LAKES); 97-2 (MARSH CREEK APARTMENTS); 97-3 (BRENTWOOD PARK APARTMENTS); 98-3 (SOLANA); 98-4 (BIRCHWOOD ESTATES); 98-5 (ARROYO SECO); 99-3 (SPA ‘L’); 99-4 (CALIFORNIA GROVE); 99-5 (DEER CREEK COUNTRY CLUB); 99-6 (TRAILSIDE); 99-7 (TERMO); 99-8 (GERRY PROPERTY); 99-9 (RICHMOND AMERICAN);); 00-2 (LYON WOODFIELD); 00-3 (CALIFORNIA ORCHARD) AND 00-4 (BRENTWOOD PARK).

 

SET A DATE OF JULY 11, 2000, AT 7:30 P.M. FOR THE PUBLIC HEARING PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND PROPOSITION 218.

WHEREAS, the City of Brentwood intends to levy and collect assessments within Districts 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 and 00-4 during the fiscal year 2000/2001.  The area of land to be assessed is located in the City of Brentwood, Contra Costa County; and

WHEREAS, the improvements to be made in these assessment districts are generally described as the operating, maintaining and servicing of landscaping, irrigating, lighting, and associated facilities located in arterial and collector streets around the various developments within the city as described in the Landscape and Lighting Districts Consolidated Preliminary Engineer’s Report; and

WHEREAS, Berryman & Henigar, Inc. the Engineer of Work, has filed with the City Clerk the report required by the Landscaping and Lighting Act of 1972.  All interested persons are referred to that 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.

NOW, THEREFORE BE IT RESOLVED that on July 11, 2000, at 7:30 p.m., the City Council will conduct a public hearing on the question of the levy of proposed annual assessment.  The meeting and hearing will be held at the City Council Chambers, 734 Third Street, Brentwood, California.

BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to give the notice of 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 23rd day of May 2000 by the following vote:

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