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CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: May 22, 2001

Subject/Title: Consideration of intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for fiscal year 2001/2002, and set a date for the public hearing

Submitted by: Engineering: J. Stevenson/D. Galey

Approved by: Jon Elam, City Manager



RECOMMENDATION
Approve a Resolution declaring the intent to order improvements for the Consolidated Landscape & Lighting Assessment District No. 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); 00-4 (Brentwood Park) and 01-1 (Laird Project) and the Citywide Park Maintenance District No. 98-1.

Set a date of July 10, 2001, 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) and the Citywide Park Maintenance District No. 98-1.

On April 10, 2001, the City Council passed Resolution No. 2264 designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of a Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report.

BACKGROUND
The Lighting and Landscape Act of 1972 requires an annual review and updated Engineer’s Report to set a new assessment rate each fiscal year. The assessments calculated in last year’s engineer’s reports for the various LLD’s and the park district were levied and collected this fiscal year. The FY ‘01-’02 assessments in the Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report will be assessed on the next tax roll and 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 fiscal 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 FY ‘01-’02 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.

For the Consolidated Landscape & Lighting Assessment District, it is anticipated that Subdivision 8462 will be annexed into Assessment District No. 94-1, Subdivision 8371 will be annexed into Assessment District No. 95-2, Subdivision 8395 will be annexed into Assessment District No. 99-3, Subdivision 8180 will be annexed into Assessment District No. 99-8, Subdivision 8369 will be annexed into Assessment District No. 99-9 and Assessment District No. 01-1 will be formed for Subdivision No. 8416. The above annexations and new district formation 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 developer-owned. The adoption of this resolution will initiate the mailing of the ballots on May 25, 2001 so that the 45-day period can begin. The ballots will be returned and counted at the close of the public input portion of the public hearing scheduled on July 10, 2001. 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.


Attachments:
Resolution
Preliminary Engineer’s Report for Landscape & Lighting Assessment Districts
Preliminary Engineer’s Report for Citywide Park maintenance District No. 98-1


RESOLUTION NO. 


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE INTENT TO ORDER IMPROVEMENTS FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 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); 00-4 (BRENTWOOD PARK) AND 01-1 (LAIRD PROJECT) AND THE CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1 FOR THE 2001/2002 FISCAL YEAR, AND SETTING A DATE OF JULY 10, 2001, 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 Landscape & Lighting Assessment District 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 01-1 and the Citywide Park Maintenance District No. 98-1 during fiscal year 2001/2002. 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 the Landscape & Lighting 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 Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report; and

WHEREAS, the improvements to be made in the Citywide Park Maintenance District are generally described as the operating, maintaining and servicing of landscaping, irrigating, lighting, and associated facilities located within community and neighborhood parks within the city as described in the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report; and

WHEREAS, Francisco & Associates, Inc. the Engineer of Work, has filed with the City Clerk the Consolidated Landscape & Lighting Preliminary Engineer’s Report and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report required by the Landscaping and Lighting Act of 1972. All interested persons are referred to those reports 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 10, 2001, at 7:30 p.m., the City Council will conduct a public hearing on the question of the levy of proposed annual assessments for each of the assessment districts. 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 22nd day of May 2001 by the following vote:

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