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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: July 10, 2001

Subject/Title: Consideration of a Resolution approving the Final Engineer’s Reports, and confirming the annexations and new formations within the Consolidated Landscaping & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 to levy assessments for fiscal year 2001/02.

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

Approved by: Jon Elam, City Manager

RECOMMENDATION
Hold the public hearing on annexations into Landscape & Lighting Districts 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 99-3 (SPA ‘L’), 99-8 (Gerry Property) and 99-9 (Richmond American), the formation of Landscape & Lighting District 01-1 (Laird Project), and the annual update of Landscape & Lighting 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); 00-4 (Brentwood Park), and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2001/02. 

Confirm annexations and formations with a majority voter approval weighted by assessment amount. 

Pass a Resolution approving the Final Engineer’s Report for the Consolidated Landscape & Lighting Districts and the Final Engineer’s Report for the Citywide Park Maintenance District No. 98-1 and levying the assessments for the 2001/02 Fiscal Year. 

PREVIOUS ACTION
Actions were taken in previous years to form many of the Landscape & Lighting Districts 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 District Preliminary Engineer’s Report and Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for fiscal year 2001/02.

On May 22, 2001, the City Council passed Resolution No. 2300 declaring the intent to order improvements for the Consolidated Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2001/02, and set a date of July 10, 2001 at 7:30 p.m. for the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218.

BACKGROUND
The Landscaping and Lighting 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 fiscal year 2001/02 assessments in the Consolidated Landscape & Lighting District Final Engineer’s Report and the Citywide Park Maintenance District No. 98-1 Final 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 2001/02 fiscal tax year are at or below the maximum assessment. As a part of the process, the Landscaping and Lighting Act of 1972 requires that an Engineer’s Report be filed and a public hearing be held. July 10, 2001 is the scheduled public hearing date.

It is anticipated that the City will collect approximately $795,605 to pay for landscape maintenance and street lighting in the various districts, and collect approximately $648,709 for the Citywide Park Maintenance District No. 98-1.

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 Landscaping and Lighting Act of 1972 and Proposition 218 also 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. Ballots for these areas were sent out on May 25, 2001, which is a minimum of 45 days prior to this public hearing.

The City Clerk 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 Report for the City’s Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1, and levying the assessments for the 2001/02 Fiscal Year.

The third and final action by the City Council is to levy the assessments for the Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for the 2001/01 Fiscal Year.

Attachments:
Resolution
Final Engineer’s Report – Consolidated Landscape & Lighting Districts
Final Engineer’s Report – Citywide Park Maintenance District No. 98-1

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING ASSESSMENT DIAGRAM AND ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2001/02 FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS NOS. 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, AND THE CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)



WHEREAS, on April 10, 2001, 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 and the Citywide Park Maintenance District No. 98-1, and directed them to prepare and file an annual report for fiscal year 2001/02; and

WHEREAS, on May 22, 2001, the Engineer of Work filed a Consolidated Annual Report for the City’s Landscape & Lighting Districts, and the City Council approved Resolution No. 2300 declaring the intent to order improvements and set a date of July 10, 2001 for a public hearing; and

WHEREAS, on May 22, 2001, the Engineer of Work filed a Report for the Citywide Park Maintenance District No. 98-1, and the City Council approved Resolution No. 2300 declaring the intent to order improvements and set a date of July 10, 2001 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 2001/02 as set forth in the Consolidated Annual Report for the City’s Landscape & Lighting Districts and the Report for 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 10th day of July 2001 by the following vote:

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