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CITY COUNCIL AGENDA ITEM NO. 21

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

RECOMMENDATION 
Pass Resolution 00-XXX ordering territory designated as the Central Area Annexation be annexed to the City of Brentwood.

PREVIOUS ACTION 
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.

ANALYSIS 
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 property owners.

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 LAFCO.

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 actions:

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 the affected 
Territory.

B. At least 25% of the number of owners of land who also own at least 25% of the 
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 terminated. 

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.

Attachments:
Resolution XXX with annexation area map
LAFCO Resolution 00-25

RESOLUTION NO. 

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; and

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 Section 56103.

PASSED by the City Council of the City of Brentwood on November 14, 2000 by the following vote:

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