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CITY COUNCIL AGENDA ITEM NO. 04

Meeting Date: May 14, 2002

Subject/Title: Approve a Resolution declaring the intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2002/2003, and set a date for the Public Hearing

Submitted by: Engineering: B. Grewal/D. Galey

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a Resolution declaring the intent to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) 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 (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); 01-1 (Laird Project); 02-2 (Oak Street); 02-3 (Apricot); 02-4 (Braddock & Logan); 02-5 (Sand Creek & Brentwood Blvd.); 02-6 (Balfour & John Muir); 02-7 (San Jose & Sand Creek); 02-8 (Lone Tree) and the Citywide Park Maintenance District No. 98-1.

Set a date of July 9, 2002, at 7:30 p.m. for the public hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218.

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 January 22, 2002, the City Council passed Resolution No. 2446 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 for Fiscal Year 2002/03.

BACKGROUND
The Landscaping and Lighting Act of 1972 requires an annual review and updated Engineer’s Report to set new assessment rates 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 2002/03 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 districts during this fiscal year. Any excess dollars from previous fiscal years were rolled into this fiscal year’s reports 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 fiscal year 2002/03 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. 

For the Consolidated Landscape & Lighting Assessment Districts, 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. 95-8 (Garin Ranch), three (3) subdivisions annexed into Assessment District No. 99-3 (SPA ‘L’), and two (2) commercial developments annexed into Assessment District No. 00-3 (California Orchard), and the formation of seven (7) new Assessment Districts: 02-2 (Oak Street); 02-3 (Apricot); 02-4 (Braddock & Logan); 02-5 (Sand Creek & Brentwood Blvd.); 02-6 (Balfour & John Muir); 02-7 (San Jose & Sand Creek); and 02-8 (Lone Tree). In addition, the level of landscape improvements for District No. 99-5 (SunCal) has increased since the District was formed in 1999 and therefore will be re-balloted to increase the maximum assessment rate. 

The Landscape and Lighting Act of 1972 and Proposition 218 also requires all annexations, increases, 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 Wednesday, May 15, so that the 45-day period can begin. The ballots will be returned prior to City Council action on July 9, 2002. At the close of the public input portion of the Public Hearing, the ballots will be tabulated and determined if a majority approval exists. 

The cost of the Engineer’s Report and balloting that is required per Proposition 218 is being collected from the developers, as is standard practice.

FISCAL IMPACT
It is anticipated that the City will collect approximately $1,186,011 from the Consolidated Landscape & Lighting Assessment Districts and $885,251 from the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2002/03.

Attachments:
Resolution
Preliminary Engineer’s Report for the Landscape & Lighting Assessment Districts 
dated May 14, 2002
Preliminary Engineer’s Report for Citywide Park Maintenance District No. 98-1 
dated May 14, 2002

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 DISTRICTS AND THE CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1 FOR THE 2002-2003 FISCAL YEAR, AND SET THE DATE OF JULY 9, 2002, AT 7:30 P.M. FOR THE PUBLIC HEARING PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218.

WHEREAS, the City of Brentwood intends to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) 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 (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); 01-1 (Laird Project); 02-2 (Oak Street); 02-3 (Apricot); 02-4 (Braddock & Logan); 02-5 (Sand Creek & Brentwood Blvd.); 02-6 (Balfour & John Muir); 02-7 (San Jose & Sand Creek); 02-8 (Lone Tree) and the Citywide Park Maintenance District No. 98-1; 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 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 by the City Council of the City of Brentwood, that on July 9, 2002, 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 14th day of May 2002, by the following vote: