CITY COUNCIL AGENDA ITEM
Meeting Date: November 14, 2000
Subject/Title: Protest Hearing for the Central Area Annexation
Submitted by: Oshinsky/Leana, Community Development Department
Approved by: Jon Elam, City Manager
Pass Resolution 00-XXX ordering territory designated as the Central Area Annexation
be annexed to the City of Brentwood.
At its meeting on September 13, 2000 LAFCO unanimously approved the annexation
of this area to the City of Brentwood. Since the area is considered an inhabited
annexation (12 or more registered voters), a final “protest hearing” must be
held by the City Council. If the extent of any protest is minimal, as reflected
in the analysis below, the City Council may order that the territory affected
be annexed to the City of Brentwood. If this occurs, the annexation process
should be final prior to December 1, 2000.
The City Council has previously prezoned the 910+ acres of the annexation area
to be in compliance with the 1993 General Plan.
This is the last step in a process that began 18 months ago when a letter of
interest was sent out to all property owners to gauge their interest in annexing
to Brentwood. A chronology of actions since that time includes:
May 1999: Annexation survey letter sent to all property owners.
August and November 1999: Held neighborhood meetings with area residents to
explain the “pros and cons” of annexing and how it might affect individual
March 2000: Brentwood Planning Commission approves the Mitigated Negative Declaration
and recommends that the City Council approve the prezoning designations of
the annexation area.
March 2000: The City Council approves the Mitigated Negative Declaration and
prezoning of the annexation area and initiates the annexation application to
August 2000: The City Council and Board of Supervisors approves a joint tax
sharing agreement covering the area to be annexed.
September 2000: LAFCO unanimously approves the annexation and directs the City
to complete the process.
With an inhabited annexation, the City Council must take one of the following
1. Terminate the proceedings if a majority protest exists. A majority is considered
50% or more of the registered voters residing in the area to be annexed or
50% or more of the voting power of the voters entitled to vote as a result
of owning land within the area to be annexed.
2. Order the change of organization subject to a majority vote of registered
voters residing within the affected territory if written protests have been
filed and not withdrawn by either of the following:
A. At least 25%, but less than 50%, of the registered voters residing within
B. At least 25% of the number of owners of land who also own at least 25% of
assessed value of land within the affected territory.
3. Order the change in organization without an election if written protests
have been filed
and not withdrawn by less than 25% of the registered voters or less than 25%
of the number of owners of land owning less than 25% of the assessed value
of land within the affected territory.
The most up to date information that we have from the County indicates that
we have 87 registered voters living within the area to be annexed, and 126
property owners. Thus if 44 or more registered voters or 63 or more property
owners submit written protests against the annexation, proceedings must be
If at least 22 but less than 44 registered voters or if at least 32 but less
than 63 property owners who also own at least 25% of the assessed value of
the land to be annexed file written protests, the City Council must order the
annexation subject to a vote by the registered voters residing within the area.
If less than 22 registered voters or less than 32 property owners owning less
than 25% of the assessed value of the land within the annexation area, the
City Council must order the annexation be filed without an election.
At the time this staff report is being prepared, approximately one week before
the protest hearing, staff has received no written protests. During prior public
hearings on this annexation, staff estimated an 80% favorable rating and there
was no public opposition at the LAFCO hearing in September. If a substantial
number of written protests are submitted prior to the close of the protest
hearing, staff may need extra time to tabulate the results.
Resolution XXX with annexation area map
LAFCO Resolution 00-25
A RESOLUTION ORDERING TERRITORY DESIGNATED AS THE CENTRAL AREA ANNEXATION (LAFCO
00-25) ANNEXED TO THE CITY OF BRENTWOOD.
WHEREAS, the City Council of the City of Brentwood adopted Resolution
No. 2045 initiating an application to the Local Agency Formation Commission
(LAFCO) pursuant to the Cortese/Knox Local Government Reorganization Act (Gov’t.
Code 56000) to annex 910± acres of land to the City; and
WHEREAS, this annexation area is within the General Plan Planning Area,
and the City Council has certified an EIR for the General Plan, and a Negative
Declaration for this annexation; and
WHEREAS, the LAFCO of Contra Costa County adopted it’s Resolution No.
00-25 on September 13, 2000 making determinations and approving the proposed
annexation to the City of Brentwood of territory described in Exhibit A attached
hereto and incorporated herein; and
WHEREAS, the terms and conditions of annexation as approved by LAFCO
are contained in their Resolution No. 00-25, incorporated herein; and
WHEREAS, the reasons for this annexation are as stated in City Council
Resolution No. 2045 (Resolution of Application); and
WHEREAS, the regular County assessment roll is utilized by this City;
WHEREAS, the affected territory will be taxed for existing general bonded
indebtedness of this City; and
WHEREAS, notice of this protest hearing was published in the Ledger
Dispatch on October 31, 2000 and mailed to property owners of record within
the area to be annexed, pursuant to the provisions of Government Code Sections
57025 and 57026; and
WHEREAS, a protest hearing on this annexation was called for and held
by this City on November 14, 2000 and this Council finds and determines that
there were no written protests filed by owners of said land within the territory
or registered voters within the territory.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brentwood hereby orders that the territory described in Exhibit A is hereby
annexed to the City of Brentwood, and directs the City Clerk of the City of
Brentwood to transmit a certified copy of this resolution with any applicable
fees required by Section 54902.5 of the Government Code to the Executive Officer
of the LAFCO.
NOW, THEREFORE, BE IT FURTHER RESOLVED that any action to determine
the validity of this resolution shall be conducted pursuant to Government Code
PASSED by the City Council of the City of Brentwood on November 14,
2000 by the following vote: