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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: July 11, 2000

Subject/Title: Public Hearing on annexations and new formations within Landscape and Lighting Assessment Districts and Citywide Park Maintenance District for Fiscal Year 2000/01

Submitted by: Engineering: J. Stevenson

Approved by: Jon Elam, City Manager

RECOMMENDATION

Hold the public hearing on annexations into Landscape and Lighting Maintenance Districts 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-8 (Garin Ranch) and 99-9 (Richmond American), the formation of Lighting and Landscape Maintenance Districts 00-2 (Lyon Woodfield); 00-3 (California Orchard) and 00-4 (Brentwood Park), and the annual update of Landscape and Lighting 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) and 99-9 (Richmond American), and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2000/01. Approve annexations and formations with a majority voter approval. Passage of a Resolution approving the Consolidated Report for the City's Landscape and Lighting Assessment Districts and the Final Engineer's Report for Citywide Park Maintenance District No. 98-1 and levying the assessments for the 2000/01 Fiscal Year.

PREVIOUS ACTION

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

On April 14, 1998, the City Council approved Resolution No. 98-65 confirming the Citywide Park Maintenance District No. 98-1.

On March 14, 2000, the City Council approved Resolution No. 2037 designating Berryman & Henigar, Inc. as the Engineer of Work and directing the filing of a Consolidated Annual Report for Fiscal Year 2000/01.

On May 23, 2000, the City Council approved Resolution No. 2079 declaring the intent to order improvements of the Landscape and Lighting 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) for Fiscal Year 2000/01, and set a date of July 11, 2000 for the public hearing pursuant to the Landscape and Lighting Act of 1972 and Proposition 218.

On June 13, 2000, the City Council approved Resolution No. 2092 declaring the intent to order improvements of Citywide Park Maintenance District No. 98-1 for Fiscal Year 2000/01, and set a date of July 11, 2000 for the public hearing pursuant to the Landscape and Lighting Act of 1972 and Proposition 218.

BACKGROUND

July 11, 2000, is the scheduled public hearing for the Landscape and Lighting Districts and the Citywide Park Maintenance District No. 98-1. The Lighting and Landscape Act of 1972 and Proposition 218 require that all votes for annexations and formation of new districts be tabulated at the close of the public hearing and then voted on by the City Council. The Fiscal Year 2000/01 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 2000/01 tax year are at or below the maximum assessment.

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). Staff will tabulate all of the votes received prior to the public hearing and will modify the results to include any votes received at the public hearing. This information will be presented to the City Council at the close of the Public Hearing, prior to the vote on the new districts and annexations.

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 and Lighting Assessment Districts and Park Maintenance District No. 98-1, and levying the assessments for the 2000/01 Fiscal Year.

The third and final action by the Council is to assess the Landscape and Lighting Assessment Districts and Park Maintenance District No. 98-1 for the year.

Attachments:

Resolution

Engineer's Report – LLD

Engineer's Report – Park Maintenance District

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING ASSESSMENT DIAGRAM AND ASSESSMENT ROLL AND LEVYING ASSESSMENT FOR FISCAL YEAR 2000/01 FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS NO. 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, AND CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972).

WHEREAS, on March 14, 2000, pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council designated Berryman & Henigar, Inc. as the Engineer of Work for the City's Landscape and Lighting Districts and Citywide Park Maintenance District No. 98-1, and directed them to prepare and file an annual report for Fiscal Year 2000/01; and

WHEREAS, on May 23, 2000, the Engineer of Work filed a Consolidated Annual Report for the City's Landscape and Lighting Districts, and the City Council approved a Resolution declaring the intent to order improvements and set a date of July 11, 2000 for a public hearing; and

WHEREAS, on June 13, 2000, the Engineer of Work filed a Report for Citywide Park Maintenance District No. 98-1, and the City Council approved a Resolution declaring the intent to order improvements and set a date of July 11, 2000 for a public hearing; and

WHEREAS, the City Council has afforded to every interested person an opportunity to make a protest to the 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 annual reports of the Engineer of Work.

BE IT FURTHER RESOLVED that the assessments are hereby levied for Fiscal Year 2000/01 as set forth in the Consolidated Annual Report for the City's Landscape and Lighting Districts and the Report for 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 11th day of July 2000 by the following vote:

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