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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: April 8, 2008

Subject/Title: Consideration of actions pertaining to the City’s Consolidated Landscape & Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2008/09, including the adoption of a Resolution declaring the intention to order improvements, and levy and collect assessments; and setting the Public Hearing date for April 22, 2008, at 7:00 p.m. or thereafter.

Prepared by: Debra Galey, Management Analyst

Submitted by: Bailey Grewal, Director of Public Works/City Engineer
Craig Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a Resolution declaring the intention to order improvements, and levy and collect assessments, for the City’s Consolidated Landscape & Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2008/09; and set the Public Hearing date for April 22, 2008, at 7:00 p.m. or thereafter, in accordance with the provisions of the California Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.

PREVIOUS ACTION
Actions were taken in previous years to form all existing Landscape & Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1.

On February 12, 2008, by Resolution No. 2008-25, City Council designated Francisco & Associates, Inc. as the Engineer of Work and directed the filing of necessary Engineer’s Reports for Fiscal Year 2008/09.

On February 12, 2008, by Resolution No. 2008-26, City Council declared the intent to order annexations to, and levy and collect assessments in, Landscape & Lighting Assessment District Nos. 99-8, 02-3 and 02-11; and set the date of April 22, 2008, for the Public Hearing.

BACKGROUND
The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer’s Report be prepared to set assessment rates each fiscal year. The Fiscal Year 2008/09 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 are proposed to be assessed on the Fiscal Year 2008/09 tax roll and are calculated by considering all anticipated expenditures for maintenance, utilities and administration. Any excess dollars from previous fiscal years are carried over to current reports and the assessment amounts are adjusted accordingly. The assessment rates may or may not change from fiscal year to fiscal year, dependent upon maintenance to be performed, but cannot exceed the maximum amount set when the districts were originally formed, plus an annual cost of living adjustment. The amounts being assessed for the Fiscal Year 2008/09 tax year are either at or below the maximum assessment authorization. As 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.

FISCAL IMPACT
It is anticipated that the City will collect approximately $4,534,000 from the Consolidated Landscape & Lighting Assessment Districts and approximately $1,631,000 from the Citywide Park Maintenance District No. 98-1 to cover anticipated maintenance, utility and administration expenses for Fiscal Year 2008/09.

To ensure the Landscape & Lighting Assessment Districts are self-supporting, each existing district includes an administrative cost factored into the assessment rate to cover creation of an annual Engineer’s Reports and levying of assessments.

Attachments:
• Resolution of Intention
• Preliminary Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts Fiscal Year 2008/09 dated April 8, 2008
• Preliminary Engineer’s Report for the Citywide Park Maintenance District No. 98-1 Fiscal Year 2008/09 dated April 8, 2008

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE INTENTION TO ORDER IMPROVEMENTS FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS AND CITYWIDE PARK MAINTENANCE DISTRICT FOR FISCAL YEAR 2008/09; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING THE PUBLIC HEARING DATE FOR APRIL 22, 2008, AT 7:00 P.M. OR THEREAFTER.

WHEREAS, as required by Section 22622 of the California Streets and Highways Code, the City Council of the City of Brentwood, by approval of Resolution of Initiation No. 2008-25, has described proposed improvements to be included for the determination of annual assessments levied for assessment districts created under the Landscaping and Lighting Act of 1972, and ordered the preparation of an Engineer’s Report to determine the annual levy of assessments for any such district; and

WHEREAS, as required by Section 22622 of the California Streets and Highways Code, the Engineer of Work has filed a Preliminary Engineer’s Report for the Consolidated Landscape & Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2008/09 with the City Clerk.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that:

1. It hereby declares the intention to order improvements for the following Landscape & Lighting Assessment Districts: No. 94-1 (Brentwood Country Club); No. 95-2 (Hawthorne Landing); No. 95-3 (Pheasant Run); No. 95-4 (Diablo Estates); No. 95-5 (California Spirit and Glory); No. 95-6 (Gerry Ranch); No. 95-7 (Greystone); No. 95-8 (Garin Ranch); No. 97-1 (Hancock – Brentwood Lakes); No. 97-2 (Marsh Creek Apartments); No. 97-3 (Brentwood Park Apartments); No. 98-3 (Solana); No. 98-4 (Birchwood Estates); No. 98-5 (Arroyo Seco); No. 99-3 (SPA ‘L’); No. 99-4 (California Grove); No. 99-5 (Deer Creek Country Club); No. 99-6 (Trailside); No. 99-7 (Termo); No. 99-8 (Gerry Property); No. 99-9 (Richmond American); No. 00-2 (Lyon Woodfield); No. 00-3 (California Orchard); No. 00-4 (Brentwood Park); No. 01-1 (Laird Project); No. 02-2 (Oak Street); No. 02-3 (Apricot Way); No. 02-4 (Braddock & Logan); No. 02-5 (Sand Creek & Brentwood Blvd.); No. 02-6 (Balfour & John Muir); No. 02-7 (San Jose & Sand Creek); No. 02-8 (Lone Tree); No. 02-9 (Balfour Plaza); No. 02-10 (Lone Tree Center); No. 02-11 (Lone Tree Plaza); No. 02-12 (Sunset Industrial); No. 02-13 (Stonehaven); No. 03-2 (Meritage Lone Tree); No. 03-3 (Brookdale Court); No. 03-4 (Tri City Plaza); No. 03-5 (West Summerset); No. 03-6 (Arbor Village); No. 03-7 (Garin Ranch Commercial); No. 03-8 (Blackhawk Commercial); No. 04-2 (Balfour-Griffith Commercial); No. 05-2 (South Brentwood Blvd. Commercial), No. 06-2 (Palmilla); No. 06-3 (Vineyards); No. 06-4 (Villa Amador); No. 06-5 (Barrington); and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2008/09; and declares the intention to levy and collect assessments in said assessment districts.

2. The improvements to be made in these assessment districts are generally described as the operation, maintenance and servicing of parks, landscaping, irrigation, lighting and associated facilities located in and along arterial and collector streets and within other public areas as referenced in the Consolidated Landscape & Lighting Assessment District Preliminary Engineer’s Report for Fiscal Year 2008/09 and the Citywide Park Maintenance District Preliminary Engineer’s Report for Fiscal Year 2008/09 on file with the City Clerk. All interested persons are referred to the Engineer’s Reports for a full and detailed description of the improvements, boundaries of the various assessment districts and proposed assessments upon assessable lots and parcels of land within the assessment districts.

3. On April 22, 2008, at 7:00 p.m. or thereafter, it will conduct a Public Hearing on the question of the levy of proposed annual assessments for each of the assessment districts for Fiscal Year 2008/09. The meeting and hearing will be held at the City Council Chamber, 734 Third Street, Brentwood, California.

4. The City Clerk is authorized and directed to give the notice of public 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 8th day of April 2008 by the following vote:
 
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