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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: May 14, 2002

Subject/Title: Consideration of a Resolution declaring the formation of the establishment of the City of Brentwood Community Facilities District No. 2 to levy a special tax therein to finance certain public improvements and calling for a special election, consideration of a resolution declaring the necessity to incur bonded indebtedness and calling for a special election, consideration of a resolution declaring the special election results, and introduction of an Ordinance to levy the special taxes

Submitted by: J. Stevenson/P. Ehler

Approved by: John Stevenson, City Manager


RECOMMENDATION
Consider a resolution approving the amended boundary map and establishing the City of Brentwood Community Facilities District No. 2 (CFD No. 2) and providing for the levy of a special tax therein.

Consider a resolution deeming the necessity to incur bonded indebtedness to finance the acquisition and construction of certain public facilities in and for CFD No. 2 and calling a special election.

Conduct the special election for CFD No. 2.

Consider a resolution determining the results of the special election for CFD No. 2.

Introduce an Ordinance Levying a Special Tax for Fiscal Year 2002-03 and following fiscal years solely within and relating to CFD No. 2.

PREVIOUS ACTION
On March 26, 2002, by City Resolution No. 2503, the Brentwood City Council passed a Resolution of Intention to establish CFD No. 2. In addition City Council passed Resolution No. 2504 which was a Resolution to Incur Bondeded Indebtedness. 

On February 12, 2002, by City Resolution No. 2469, the City of Brentwood entered into a contract of services with East Diablo Fire Protection District (EDFPD) to increase 24 hour Firefighter Crews from two firefighters to three firefighters. 

The City has adopted Local Goals, Policies and Appraisal Standards Concerning the Use of Community Facilities Act of 1982 (Act). These Local Goals, Policies and Appraisal Standards are required in order for the City to form any Community Facilities Districts utilizing the Act.

BACKGROUND
CFD No. 2 will provide a revenue stream for the purchasing and maintenance of open space, to increase the number of fire suppression, emergency medical services (EMS) and public safety personnel and the maintenance and operation of flood and storm drainage services located within the City of Brentwood. These facilities and services are listed as Exhibits A & B to this staff report. If the Citywide CFD No. 1 is formed at a later date for Citywide Fire/EMS services, then the Fire/EMS portion of CFD No. 2 will not be collected because it will be covered under CFD No. 1.

The special tax rate is set at $175 per single family home with a maximum increase of 2% per year. If CFD No. 1 is approved, the special tax rate will be reduced to $90 per single family home with a maximum increase of 2% per year. Parcels that have not been issued a building permit prior to January 1st of the previous fiscal year will not be taxed. This special tax will sunset June 30, 2053.

The Boundaries of proposed CFD No. 2 are shown in the Attachments. The boundaries have been amended since the City Council meeting on March 26, 2002 due to the fact some developments are not moving forward at this time. These developments could be annexed into CFD No. 2 at a later date. It will be required as a Condition of Approval that all new development within the City of Brentwood (both commercial and residential) annex into CFD No. 2. It is anticipated the City Council will hold annexation proceedings to annex new development twice a year.

There are less than twelve registered voters residing in CFD No. 2, and therefore, an election by property owner voters will be conducted.

Each of the property owners in CFD No. 2 has been sent a “Wavier and Consent” form which has allowed the City to waive all minimum time requirements relative to the formation of CFD No. 2. The property owners have also received a special election ballot for CFD. No. 2, which allows them one vote per acre or portion thereof. 

Because the City has received a 100% return in favor of forming CFD No. 2 and levying the special tax, we are able to levy the special tax for CFD No. 2 for Fiscal Year 2002-03 and on.

FISCAL IMPACT
CFD No. 2 will provide approximately $2,000 in revenue for FY2002-03 with a steady increase to a projected $2,230,000 in FY2021-22. The proposed increase in revenue is due to anticipated new development within the City. 

Attachments:
Amended Boundary Diagram
Formation Hearing Report
Resolution No. ____ Establishing CFD No. 2
Exhibit A – Authorized Facilities
Exhibit B – Authorized Services 
Exhibit C – Incidental Expenses and Bond Issuance Costs
Exhibit D – Rate and Method of Apportionment of Special Taxes 
Exhibit E - Wavier and Consent of Landowners w/Attch A – Proposed Boundary Map
Resolution No. ____ Deeming it Necessary to Incur Bonded Indebtedness
Exhibit A – Authorized Facilities
Exhibit B – Authorized Services 
Exhibit C – Wavier and Consent of Landowners w/Attch A – Proposed Boundary Map
Resolution No. ____ Determining Results of the Special Mailed Ballot Election
Ordinance No. ____ Levying a Special Tax for FY2002-2003 for CFD No. 2



CITY OF BRENTWOOD
Community Facilities District No. 2
FORMATION HEARING REPORT

CONTENTS
Introduction

A. Description of Facilities and Services

B. Proposed Boundaries of the Community Facilities District

C. Cost Estimate

D. Rate and Method of Apportionment of Special Taxes


* * * * * * * * * * * *


EXHIBIT A - Description of the Facilities and Services

EXHIBIT B - Cost Estimate

EXHIBIT C - Rate and Method of Apportionment of Special Taxes

CITY OF BRENTWOOD
Community Facilities District No. 2 

INTRODUCTION

WHEREAS, on March 26, 2002 this Council adopted a resolution entitled “Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention”), stating it’s intention to form Community Facilities District No. 2 (the “CFD”), pursuant to the California Government Code, Commencing with Section 53311. In said Resolution of Intention, the Brentwood City Council expressly ordered the preparation of a written Community Facilities District Report (the “Report”), for the proposed CFD.

The Resolution of Intention ordering the Report did direct that the Report generally contain the following:

1. A description of the Facilities and Services, by type which will be required to adequately meet the needs of the CFD; and

2. An estimate of the fair and reasonable cost of the Facilities and Services included therewith.

For particulars, reference is made to the Resolution of Intention for the CFD, as previously approved and adopted by the Brentwood City Council.

NOW, THEREFORE, do hereby submit the following data:

A. DESCRIPTION OF FACILITIES AND SERVICES. A general description of the proposed Facilities and Services are as shown in Exhibit “A” attached hereto and hereby made a part hereof.

B. PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. The proposed boundaries of the CFD are those properties and parcels in which special taxes may be levied to pay for the costs and expenses of the Facilities and Services. The proposed boundaries of the CFD are described on the map of the CFD on file with the City Clerk, to which reference is hereby made.

C. COST ESTIMATE. The cost estimate for the Facilities and Services for the CFD is set forth in Exhibit “B” attached hereto and hereby made a part hereof.

D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES. The rate and method of apportionment of special taxes for the CFD is set forth in Exhibit “C” attached hereto and hereby made a part hereof.


Dated as of May 14, 2002

EXHIBIT A

CITY OF BRENTWOOD
Community Facilities District No. 2

PUBLIC FACILITIES AND SERVICES TO BE PROVIDED BY
COMMUNITY FACILITIES DISTRICT NO. 2 

The Facilities and Services shown below are proposed to be financed by Community Facilities District No. 2 (the "CFD") of the City of Brentwood (the "City") and consist of the following.

FACILITIES

I. Open Space Facilities.

a) Acquisition of open space lands, easements and rights-of-way and necessary incidental costs to acquire the land including title reports, appraisals, etc.

b) Construction of trails, drainage structures, fire breaks, etc. to allow for safe pedestrian access within and throughout the open space areas.

SERVICES

I. Fire Suppression, Emergency Medical and Public Safety Services.

a) Fire fighting, emergency medical and public safety personnel salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

II. Open Space Services.

Maintenance and operation of open space and natural wildlands owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

a) Maintenance workers and patrol guard salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

III. Flood and Storm Drainage Services.

Maintenance and operation of flood and storm drainage improvements owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

a) Maintenance workers salaries, benefits and other associated costs which may include uniforms, maintenance equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

EXHIBIT B

CITY OF BRENTWOOD 
Community Facilities District No. 2 

COST ESTIMATE

The following table summarizes the annual cost that will be financed by the parcels within the boundaries of the CFD. These costs are in 2002 dollars and may be increased (subject to the maximum special tax authorization) in future years based upon the need to fund additional fire suppression, emergency medical service, public safety, open space and flood & storm drainage services.

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EXHIBIT C

CITY OF BRENTWOOD 
Community Facilities District No. 2 

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

A Special Tax shall be levied on all Taxable Parcels within Community Facilities District No. 2 (the “District”), and collected according to the Rate and Method of Apportionment of Special Taxes described herein. 

All Special Tax payments shall be collected by the Contra Costa County Tax Collector’s Office through property tax billings.

DEFINITIONS

Annual Administrative Costs: Means the actual or reasonably estimated costs directly related to the administration of the District, as determined by the Finance Director of the City or its designee, which shall include but are not limited to, the costs incurred for forming the District, calculating the Special Taxes, preparing the annual Special Tax collection schedules, County collection fees; etc.

Assessor Parcel: Means a parcel of land which has an assessor parcel number assigned to it by the Contra Costa County Assessor’s office.

Building Permit: Means a Building Permit issued by the City and having an improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc are excluded.

City: Means the City of Brentwood.

District: Means Community Facilities District No. 2.

Exempt Parcels: Means all parcels of land owned by the Federal, State, City or other Local Government or Special District.

Facilities: Means the acquisition of the following Facilities:

a) Acquisition of open space lands, easements and rights-of-way and necessary incidental costs to acquire the land including title reports, appraisals, etc.

b) Construction of trails, drainage structures, fire breaks, etc. to allow for safe pedestrian access within and throughout the open space areas.

Fiscal Year: Means the period starting on July 1 and ending the following June 30.


Floor Area Ratio: Means the total improved square footage of a structure divided by the total square footage of the parcel upon which the structure is located. For example, if the improved square footage of a structure is 50,000 sq. ft. and the parcel upon which the structure is located on is 25,000 sq. ft. the Floor Area Ratio is equal to 2.00 (50,000 sq. ft./25,000 sq. ft.).

Parcel Acreage: Means the acreage identified on a County Assessor’s map for a particular parcel. If the acreage is not indicated on the County Assessor’s map then the acreage indicated within the County Assessor’s database or any other calculation which accurately depicts the parcel’s acreage. If it is determined that the County Assessor’s map acreage information for a particular parcel is not accurate then the calculated acreage based upon good engineering judgment shall be used.

Services: Means the maintenance and operation of the Services defined below:

Fire Suppression, Emergency Medical and Public Safety Services.

a) Fire fighting, emergency medical and public safety personnel salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

Open Space Services.

Maintenance and operation of open space and natural wildlands owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

b) Maintenance workers and patrol guard salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

Flood and Storm Drainage Services.

Maintenance and operation of flood and storm drainage improvements owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

a) Maintenance workers salaries, benefits and other associated costs which may include uniforms, maintenance equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.


Special Tax Rate No. 1: Means the Special Tax levied on each Taxable Parcel within the boundaries of the District each Fiscal Year as shown in the following table and subject to increases discussed below. 

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1 If any Taxable Parcel within the boundaries of the District has a Floor Area Ratio greater than one (1.00) the Special Tax Rates shown in the table above will be multiplied by the Taxable Parcel’s Floor Area Ratio. For example, if a commercial parcel has a Floor Area Ratio of 1.50 the FY 2002-03 Special Tax Rate would be $1,575.00 per acre ($1,050.00/acre x 1.50). For FY 2003-04 and on the Special Tax Rates shown in the table above will be increase two (2.00%) percent compounded annually.

2 For Special Tax calculation purposes, the maximum acreage any Taxable Parcel will have is five (5.00) acres. Taxable Parcels greater than five (5.00) acres will default to five (5.00) acres.

Special Tax Rate No. 2: Means the Special Tax levied on each Taxable Parcel within the boundaries of the District each Fiscal Year as shown in the following table and subject to increases discussed below. 

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1 If any Taxable Parcel within the boundaries of the District has a Floor Area Ratio greater than one (1.00) the Special Tax Rates shown in the table above will be multiplied by the Taxable Parcel’s Floor Area Ratio. For example, if a commercial parcel has a Floor Area Ratio of 1.50 the FY 2002-03 Special Tax Rate would be $450.00 per acre ($300.00/acre x 1.50). For FY 2003-04 and on the Special Tax Rates shown in the table above will be increase two (2.00%) percent compounded annually.

2 For Special Tax calculation purposes, the maximum acreage any Taxable Parcel will have is five (5.00) acres. Taxable Parcels greater than five (5.00) acres will default to five (5.00) acres.

Special Taxes: Means the Special Taxes levied on a Taxable Parcel either pursuant to Special Tax Rate No. 1 or Special Tax Rate No. 2.

Taxable Parcel: Means an Assessor Parcel within the boundaries of the District that is not classified as an Exempt Parcel and for which a Building Permit has been issued prior to January 1 preceding the Fiscal Year Special Taxes are levied.

CALCULATION OF SPECIAL TAXES

The calculation of the Special Taxes will be as follows for each Fiscal Year commencing with Fiscal Year 2002-03:

1) On or about July 1 of each year the City will determine which parcels within the boundaries of the District are classified as Taxable Parcels.

2) The City will calculate the Floor Area Ratio for each Taxable Parcel to determine if the Floor Area Ratio for any Taxable Parcel exceeds one (1.00).

3) The City will determine the maximum Special Tax which may be levied on each Taxable Parcel within the boundaries of the District for the ensuing Fiscal Year. If the City has formed Community Facilities District No. 1 which finances Fire Suppression and Emergency Medical Services the maximum Special Taxes will be calculated using the Special Tax Rate No. 2. If the City has not formed Community Facilities District No. 1 which finances Fire Suppression and Emergency Medical Services citywide the maximum Special Taxes will be calculated using the Special Tax Rate No. 1.

4) The City will calculate the total revenue the District would receive for the ensuing Fiscal Year, if the City were to levy the maximum Special Tax on all Taxable Parcels within the boundaries of the District.

5) The City will determine the Facilities and Services funding needs for the District for the ensuing Fiscal Year, which will include the costs to provide Annual Administrative Costs.

6) If the Facilities and Services revenue needs for the District identified in Step No. 5 above are less than the projected revenues identified in Step No. 4 the Special Tax rates would be reduced proportionately for each Taxable Parcel for the ensuing Fiscal Year. If the Facilities and Services revenue needs for the District identified in Step No. 5 above are equal to or greater than the projected revenues identified in Step No. 4 the Special Tax rates would be levied at the maximum Special Tax rate for each Taxable Parcel. If bonds are issued the annual Special Tax revenues would first be used to pay for the ensuing year’s annual principal and interest payments and any other associated bonding costs on those bonds.

7) The City will submit the Special Taxes to the County Auditor’s office for inclusion on the secured property tax roll for the applicable Fiscal Year.




COLLECTION OF THE SPECIAL TAXES

Each year, the City’s Finance Department will coordinate with the Contra Costa County Tax Collector’s office to have the Special Tax for each applicable Taxable Parcel placed on the secured property tax roll.

RESOLUTION NO. ____________


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED BOUNDARY MAP AND ESTABLISHING THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 2, AND PROVIDING FOR THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN PUBLIC FACILITIES AND SERVICES IN AND FOR SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “Council”) of the City of Brentwood (the “City”) has duly adopted Resolution No. 2503 (the “Resolution”) on March 26, 2002, wherein the Council declared its intention to and proposed to establish a community facilities district under and pursuant to the terms and provisions of the Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”), to be known and designated as “Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California” (the “Community Facilities District”), to finance public facilities and services in and for the Community Facilities District under and pursuant to the Act (which are public facilities that the City is authorized by law to construct, own or operate and public services that the City is authorized to provide, and that said public facilities and services are necessary to meet increased demands placed upon the City as a result of development occurring and anticipated to occur in the Community Facilities District), and which public facilities (the “Facilities”)and public services (the “Services”) are listed in Exhibit A and Exhibit B, respectively, attached hereto and incorporated herein and made a part hereof. The costs of financing the acquisition and construction of the Facilities and providing for the Services include incidental expenses as listed in Exhibit C attached hereto and incorporated herein and made a part hereof; and
WHEREAS, the Resolution fixed a time and place for a public hearing to be held by the Council to consider the establishment of the Community Facilities District, the proposed rate and method of apportionment of a special tax to finance the Facilities and the Services in and for the Community Facilities District and all other matters set forth in the Resolution; and
WHEREAS, the proposed boundary map for the Community Facilities District was filed for recorded in the office of the County Recorder of the County of Contra Costa on April 4, 2002, in Book 71 of Maps of Assessment and Community Facilities Districts at page 8.
WHEREAS, the City Council has determined that it is in the best interests of the City and the property owners within the Community Facilities District to amend the boundary map to remove certain property from the Community Facilities District and to provide that the boundaries of the Community Facilities District are as shown on the Amended Boundary Map, a copy of which is on file with the City Clerk; and
WHEREAS, the Director of Finance and Information Systems of the City has caused a report to be prepared on such proposal in accordance with the Resolution, which such report was submitted to the Council for review and has been reviewed by the Council, and which such report is incorporated herein and made a part of the record of the hearing hereinafter referred to on the Resolution; and
WHEREAS, pursuant to the Resolution, a public hearing was set by the Council for Tuesday, May 14, 2002, at 7:30 p.m., or as soon thereafter as the City may reach the matter, at the regular meeting place of the Council at the City Council Chambers at 734 Third Street, Brentwood, California 94513, at which hearing the Council considered the establishment of the Community Facilities District, the proposed rate and method of apportionment of such special tax, and all other matters set forth in the Resolution, and at such public hearing all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard, and the testimony of all interested persons and all taxpayers, property owners and registered voters for or against the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or any of the Facilities and Services proposed therefor, or on any other matters set forth in the Resolution, was heard and considered, and such special tax has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California, and the Council at the conclusion of said hearing was fully advised in the premises, and was authorized to proceed as hereinafter provided; and
WHEREAS¸ one hundred percent (100%) of the qualified electors within the Community Facilities District have filed with the City Clerk waivers of certain time requirements for the conduct of the election in the Community Facilities District and therefore, pursuant to the Act, the Council is authorized to form the Community Facilities District and conduct the election as provided herein; and 
WHEREAS, on the basis of the foregoing, the Council has determined at this time to call an election in the Community Facilities District to authorize the levy of a special tax therein (as the rate and method of apportionment of such tax, is more particularly set forth in Exhibit D, attached hereto and incorporated herein and made a part hereof) to pay for the Facilities and the Services proposed to be provided in and for the Community Facilities District, and to establish an appropriations limit for the Community Facilities District;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Brentwood, as follows:
Section 1. The above recitals are true and correct, and the Council so finds and determines.
Section 2. The Council hereby reapproves and readopts the Resolution, and reconfirms all of its findings and determinations contained therein.
Section 3. The Council hereby approves the Amended Boundary Map on file with the City Clerk and directs the City Clerk to have the Amended Boundary Map recorded in the office of the County Recorder of the County of Contra Costa no later than fifteen (15) days after the adoption of this resolution.
Section 4. The Council hereby approves the rate and method of apportionment of the special tax in and for the Community Facilities District as set forth in Exhibit D attached hereto and incorporated herein and made a part hereof, and upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the Community Facilities District, which lien shall continue in force and effect until the lien is cancelled in accordance with law, or until collection of the special tax by the City ceases or until June 30, 2053, whichever is earlier. In the case of any special tax to pay for the public facilities and services and to be levied against any parcel used for private residential purposes, under no circumstances will the special tax levied against any parcel be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than 10 percent.
Section 5. The Council finds and determines that written protests to the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or the acquisition and construction of any of the Facilities or the provision of any of the Services proposed therefor, are insufficient in number and in amount under the Act, and the Council hereby further orders and determines that all protests to the establishment of the Community Facilities District therefor, or the levy of the special tax proposed to be levied therein, or the extent of the Community Facilities District, or the acquisition and construction of any of the Facilities or provision of any of the Services therefor, or the establishment of an appropriations limit for the Community Facilities District, are hereby overruled.
Section 6. The Council finds and determines that all prior proceedings had and taken by the Council with respect to the establishment of the Community Facilities District are valid and in conformity with the requirements of the Act; and accordingly, the Council finds, determines and orders that, consistent with the Resolution, the Community Facilities District is hereby established under and pursuant to the terms and provisions of the Act, the boundaries of which, as amended, are as set forth in the Amended Boundary Map on file with the City Clerk.
Section 7. Except where funds are otherwise available, a special tax sufficient to pay for the Facilities and the Services, including the payment of interest on and principal of bonds to be issued to finance the acquisition and construction of the Facilities and including the repayment of funds advanced by the City for the Community Facilities District and including the repayment under any agreement (which shall not constitute a debt or liability of the City) of advances of funds or the reimbursement for the lesser of the value or cost of work in-kind provided by any person for the Community Facilities District, which tax shall be secured by recordation of a continuing lien against all nonexempt property in the Community Facilities District, will be annually levied within the boundaries of the Community Facilities District, and for particulars as to the rate and method of apportionment of such special tax reference is made to Exhibit D, attached hereto and incorporated herein and made a part hereof, which sets forth the rate and method of apportionment of such special tax in sufficient detail to allow each landowner or resident within the Community Facilities District to estimate the maximum amount that such person will have to pay for the Facilities and the Services.
Section 8. It is the intention of the Council, pursuant to Section 53317.3 of the Government Code of the State of California, to levy the special tax on property that is not otherwise exempt from the special tax and that is acquired by a public entity through a negotiated transaction, or by gift or devise.
Section 9. It is the intention of the Council, pursuant to Section 53317.5 of the Government Code of the State of California, to treat the special tax levied against property that is acquired by a public entity through eminent domain proceedings as if it were a special annual assessment.
Section 10. It is the intention of the Council, pursuant to Section 53340.1 of the Government Code of the State of California, to levy the special tax on the leasehold or possessory interests in property owned by a public agency (which property is otherwise exempt from the special tax) to be payable by the owner of the leasehold or possessory interests in such property.
Section 11. A special mailed-ballot election shall be and is hereby called and ordered to be held in the Community Facilities District on Tuesday, May 14, 2002, in accordance with and subject to the Act and applicable law and the terms hereof, at which special election there shall be submitted to the landowners within the Community Facilities District (which landowners are the electors and persons qualified to vote at said special election) the question of levying such special tax and the establishment of an appropriations limit in the amount of five million dollars ($5,000,000) per fiscal year in connection therewith for the Community Facilities District, as defined by Article XIIIB, Section 8(h) of the Constitution of the State of California, and the Council hereby directs that the election at which the question of levying such special tax and establishing such appropriations limit is submitted to the landowners within the Community Facilities District shall be consolidated with the election at which the question of incurring a bonded indebtedness in the amount of fifteen million dollars ($15,000,000) for the Facilities is submitted to the landowners within the Community Facilities District, and the question of levying such special tax and establishing such appropriations limit shall be combined in one ballot proposition with the question of incurring such bonded indebtedness to finance the acquisition and construction of the Facilities and to be secured by a special tax to be levied within the Community Facilities District, all as provided by the Act.
Section 12. The City Clerk of the City is hereby designated as the official to conduct said special election, in accordance with and subject to the Act and applicable law and the following provisions:
Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as provided herein; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of special elections in the City and consistent with the Act.
All landowners within the Community Facilities District upon the date of the special election herein provided for shall be qualified to vote upon the proposition to be submitted at said special election.
Said special election shall be conducted as a mailed-ballot election, in accordance with the provisions of Sections 1340 et seq. and Section 23511.1 of the Elections Code of the State of California and the prior proceedings of the City taken thereunder, and there shall be no polling places for said special election. All ballots shall be delivered by the City Clerk of the City to such landowners, and all voted ballots are required to be received at the office of the City Clerk of the City not later than 10:00 o’clock P.M. on the day of the election in order to be counted, except that if all qualified electors have voted on the proposition hereby submitted, the election shall be closed.
Each voter to vote for the proposition to be submitted at said special election and for levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word “YES” on the ballot to the right of said proposition, and to vote against said proposition and against levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word “NO” on the ballot to the right of said proposition, which cross (+) may be marked with either pen or pencil.
The City Clerk of the City shall commence the canvass of the returns of said special election at 10:00 P.M. on Tuesday, May 14, 2002, at the City Council Chambers at 734 Third Street, Brentwood, California 94513, and at the conclusion thereof shall determine the results of said special election; provided, that if all the qualified voters have voted prior to such date and time, the City Clerk of the City shall close said special election and thereupon shall proceed to canvass the returns of said special election and to determine the results thereof.
The Council shall meet at its regular meeting on Tuesday, May 14, 2002, at its usual meeting place and declare the results of said special election, and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass.
Section 13. The Council hereby approves the form of Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in the Community Facilities District, a copy of which is attached hereto as Exhibit E. The Council hereby finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under Government Code Section 53326(a), and that the waiver constitutes a full and knowing waiver, by any voter who has executed the form, of those rights, procedures and time periods.
Section 14. The Council hereby accepts the Certificate of the City Clerk certifying that 100% of the voters eligible to vote in this election have delivered to the City Clerk properly executed waivers in the form of Exhibit E.
Section 15. If two-thirds (2/3) of the votes cast upon the question of levying such special tax and establishing such appropriations limit are cast in favor of levying such special tax and establishing such appropriations limit, as determined by the Council after reviewing the canvass of the returns of such consolidated election, the Council may levy such special tax within the territory of the Community Facilities District under the Act in the amount and for the purposes specified in this resolution, and such appropriations limit shall be established for the Community Facilities District, as defined by Article XIIIB, Section 8(h) of the Constitution of the State of California. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in this resolution, subject to the Act, except that such special tax may be levied at a rate lower than that specified herein. Such special tax may be levied only so long as it is needed to pay for the Facilities and the Services referred to in Section 4 of this resolution, or so long as it is needed to pay the principal of and interest on the bonded indebtedness incurred in order to finance the acquisition and construction of the Facilities (including the repayment of funds advanced for the Community Facilities District).
Section 16. The Director of Finance and Information Systems of the City at 150 City Park Way, Brentwood, California 94513 (telephone (925)516-5400) will be responsible for preparing annually a current roll of special tax levy obligations by Contra Costa County Assessor’s parcel numbers, and will be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 14th day of May, 2002, by the following vote:
AYES: Councilmembers
NOES:
ABSENT:




Michael A. McPoland, Sr.
Mayor 
ATTEST:



Karen Diaz, CMC
City Clerk 



EXHIBIT A

AUTHORIZED FACILITIES



FACILITIES

I. Open Space Facilities.

a) Acquisition of open space lands, easements and rights-of-way and necessary incidental costs to acquire the land including title reports, appraisals, etc.

b) Construction of trails, drainage structures, fire breaks, etc. to allow for safe pedestrian access within and throughout the open space areas.



EXHIBIT B

AUTHORIZED SERVICES



SERVICES

I. Fire Suppression, Emergency Medical and Public Safety Services.

a) Fire fighting, emergency medical and public safety personnel salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

II. Open Space Services.

Maintenance and operation of open space and natural wildlands owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

a) Maintenance workers and patrol guard salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

III. Flood and Storm Drainage Services.

Maintenance and operation of flood and storm drainage improvements owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

a) Maintenance workers salaries, benefits and other associated costs which may include uniforms, maintenance equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.



EXHIBIT C

INCIDENTAL EXPENSES AND BOND ISSUANCE COSTS

It is anticipated that the following incidental expenses may be incurred for CFD No. 2:

Engineering services
Special tax consultant services
City review and administration
Bond counsel services
Bond counsel expenses
Disclosure counsel services
Disclosure counsel expenses
Independent financial advisor services
Appraiser services
Initial bond transfer agent, fiscal agent, registrar and paying agent fees
Rebate calculation service set up charge
Bond printing
Official Statement printing and mailing costs
Publishing, mailing and posting of notices
Underwriter's discount
Bond reserve fund 
Capitalized interest
Bond syndication costs 
Governmental notification and filing costs
Credit enhancement costs
Real estate acquisition costs
Rating agency fees
Charges and fees of City other than those waived

Certain annual costs may be included in each annual special tax levy. These include:

Annual bond transfer agent, fiscal agent, registrar and paying agent fees
Annual rebate calculation costs
Special tax consultant costs
Other necessary consultant costs
Costs of posting and collecting the special taxes
Personnel and Administrative costs of the City
Arbitrage rebate
Continuing disclosure



EXHIBIT D

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES


A Special Tax shall be levied on all Taxable Parcels within Community Facilities District No. 2 (the “District”), and collected according to the Rate and Method of Apportionment of Special Taxes described herein. 

All Special Tax payments shall be collected by the Contra Costa County Tax Collector’s Office through a special line item on the property tax billings or through the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.

DEFINITIONS

Annual Administrative Costs: Means the actual or reasonably estimated costs directly related to the administration of the District, as determined by the Finance Director of the City or its designee, which shall include but are not limited to, the costs incurred for forming the District, calculating the Special Taxes, preparing the annual Special Tax collection schedules, County collection fees; etc.

Assessor Parcel: Means a parcel of land which has an assessor parcel number assigned to it by the Contra Costa County Assessor’s office.

Building Permit: Means a Building Permit issued by the City and having an improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc are excluded.

City: Means the City of Brentwood.

District: Means Community Facilities District No. 2.

Exempt Parcels: Means all parcels of land owned by the Federal, State, City or other Local Government or Special District.

Facilities: Means the acquisition of the following Facilities:

a) Acquisition of open space lands, easements and rights-of-way and necessary incidental costs to acquire the land including title reports, appraisals, etc.

b) Construction of trails, drainage structures, fire breaks, etc. to allow for safe pedestrian access within and throughout the open space areas.

Fiscal Year: Means the period starting on July 1 and ending the following June 30.

Floor Area Ratio: Means the total improved square footage of a structure divided by the total square footage of the parcel upon which the structure is located. For example, if the improved square footage of a structure is 50,000 sq. ft. and the parcel upon which the structure is located on is 25,000 sq. ft. the Floor Area Ratio is equal to 2.00 (50,000 sq. ft./25,000 sq. ft.).

Parcel Acreage: Means the acreage identified on a County Assessor’s map for a particular parcel. If the acreage is not indicated on the County Assessor’s map then the acreage indicated within the County Assessor’s database or any other calculation which accurately depicts the parcel’s acreage. If it is determined that the County Assessor’s map acreage information for a particular parcel is not accurate then the calculated acreage based upon good engineering judgment shall be used.

Services: Means the maintenance and operation of the Services defined below:

Fire Suppression, Emergency Medical and Public Safety Services.

a) Fire fighting, emergency medical and public safety personnel salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

Open Space Services.

Maintenance and operation of open space and natural wildlands owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

a) Maintenance workers and patrol guard salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

Flood and Storm Drainage Services.

Maintenance and operation of flood and storm drainage improvements owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

a) Maintenance workers salaries, benefits and other associated costs which may include uniforms, maintenance equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.











Special Tax Rate No. 1: Means the Special Tax levied on each Taxable Parcel within the boundaries of the District each Fiscal Year as shown in the following table and subject to increases discussed below. 



1 If any Taxable Parcel within the boundaries of the District has a Floor Area Ratio greater than one (1.00) the Special Tax Rates shown in the table above will be multiplied by the Taxable Parcel’s Floor Area Ratio. For example, if a commercial parcel has a Floor Area Ratio of 1.50 the FY 2002-03 Special Tax Rate would be $1,575.00 per acre ($1,050/acre x 1.50). For FY 2003-04 and on the Special Tax Rates shown in the table above will be increase two (2.00%) percent compounded annually.

2 For Special Tax calculation purposes, the maximum acreage any Taxable Parcel will have is five (5.00) acres. Taxable Parcels greater than five (5.00) acres will default to five (5.00) acres.

Special Tax Rate No. 2: Means the Special Tax levied on each Taxable Parcel within the boundaries of the District each Fiscal Year as shown in the following table and subject to increases discussed below. 



1 If any Taxable Parcel within the boundaries of the District has a Floor Area Ratio greater than one (1.00) the Special Tax Rates shown in the table above will be multiplied by the Taxable Parcel’s Floor Area Ratio. For example, if a commercial parcel has a Floor Area Ratio of 1.50 the FY 2002-03 Special Tax Rate would be $810.00 per acre ($540.00/acre x 1.50). For FY 2003-04 and on the Special Tax Rates shown in the table above will be increase two (2.00%) percent compounded annually.

2 For Special Tax calculation purposes, the maximum acreage any Taxable Parcel will have is five (5.00) acres. Taxable Parcels greater than five (5.00) acres will default to five (5.00) acres.

Special Taxes: Means the Special Taxes levied on a Taxable Parcel either pursuant to Special Tax Rate No. 1 or Special Tax Rate No. 2.

Taxable Parcel: Means an Assessor Parcel within the boundaries of the District that is not classified as an Exempt Parcel and for which a Building Permit has been issued prior to January 1 preceding the Fiscal Year Special Taxes are levied.


CALCULATION OF SPECIAL TAXES

The calculation of the Special Taxes will be as follows for each Fiscal Year commencing with Fiscal Year 2002-03:

1) On or about July 1 of each year the City will determine which parcels within the boundaries of the District are classified as Taxable Parcels.

2) The City will calculate the Floor Area Ratio for each Taxable Parcel to determine if the Floor Area Ratio for any Taxable Parcel exceeds one (1.00).

3) The City will determine the maximum Special Tax which may be levied on each Taxable Parcel within the boundaries of the District for the ensuing Fiscal Year. If the City has formed Community Facilities District No. 1 which finances Fire Suppression and Emergency Medical Services the maximum Special Taxes will be calculated using the Special Tax Rate No. 2. If the City has not formed Community Facilities District No. 1 which finances Fire Suppression and Emergency Medical Services citywide the maximum Special Taxes will be calculated using the Special Tax Rate No. 1.

4) The City will calculate the total revenue the District would receive for the ensuing Fiscal Year, if the City were to levy the maximum Special Tax on all Taxable Parcels within the boundaries of the District.

5) The City will determine the Facilities and Services funding needs for the District for the ensuing Fiscal Year, which will include the costs to provide Annual Administrative Costs.

6) If the Facilities and Services revenue needs for the District identified in Step No. 5 above are less than the projected revenues identified in Step No. 4 the Special Tax rates would be reduced proportionately for each Taxable Parcel for the ensuing Fiscal Year. If the Facilities and Services revenue needs for the District identified in Step No. 5 above are equal to or greater than the projected revenues identified in Step No. 4 the Special Tax rates would be levied at the maximum Special Tax rate for each Taxable Parcel. If bonds are issued the annual Special Tax revenues would first be used to pay for the ensuing year’s annual principal and interest payments and any other associated bonding costs on those bonds.

7) The City will submit the Special Taxes to the County Auditor’s office for inclusion on the secured property tax roll for the applicable Fiscal Year.


COLLECTION OF THE SPECIAL TAXES

Each year, the City’s Finance Department will coordinate with the Contra Costa County Tax Collector’s office to have the Special Tax for each applicable Taxable Parcel placed on the secured property tax roll. If the City believes it is in their best interest they may be able to use methods including but not limited to, direct billing by the City to the property owners and supplemental billing.



EXHIBIT E
WAIVER AND CONSENT OF LANDOWNERS IN THE PROPOSED CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 2 SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING A SPECIAL ELECTION
The undersigned is the owner (or the authorized representative of the owner if the owner is not a natural person) of certain real property in the City of Brentwood (the assessor’s parcel number[s] of which is[are] _______________________________________), which real property is located in the proposed City of Brentwood Community Facilities District No. 2 (the “Community Facilities District”), as the boundaries of the Community Facilities District are set forth on the map entitled “Proposed Boundaries of Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California” as shown in Attachment A attached hereto and incorporated herein, and in such capacity the undersigned certifies that the undersigned is legally entitled and authorized to cast the ballots for the above-referenced owner in the special election to be conducted within the Community Facilities District to determine, among other things, whether the land owned by the above-referenced owner shall be subject to the levy of a special tax by the Community Facilities District.
The undersigned hereby waives any and all minimum time requirements relative to such election pursuant to Section 53326(a) of the California Government Code, and the undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure to be submitted at such election, as well as arguments and rebuttal arguments in favor of or against such ballot measure pursuant to Section 53327(b) of the California Government Code, and the undersigned hereby waives the requirement to publish a notice of such election pursuant to Section 53352 of the California Government Code, and the undersigned hereby waives the timing requirements regarding the mailing of ballots to the qualified electors within the Community Facilities District pursuant to Section 4101 of the California Elections Code.
The undersigned hereby further agrees to accept either mailed service or personal service of the ballot, and the undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots pursuant to Section 53327.5 of the California Government Code, and the undersigned further waives any and all defects in notice or procedure in the conduct of such election, whether known or unknown (other than the right to have ballots accurately counted), and the undersigned hereby states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the above-referenced owner.
Dated: ________________________, 2002
By 
(signature)

(print name of Owner or Authorized Representative)

ATTACHMENT A
[ATTACH A COPY OF THE PROPOSED BOUNDARY MAP OF
THE COMMUNITY FACILITIES DISTRICT]


CLERK’S CERTIFICATE

I, Karen Diaz, City Clerk of the City of Brentwood, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 14th day of May, 2002, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES: Councilmembers

NOES: 

ABSENT: 

An agenda of said meeting was posted at least 72 hours before said meeting at City Hall, 150 City Park Way, Brentwood, California 94513, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: 


_____________________________________
Karen Diaz, CMC
City Clerk, City of Brentwood
(SEAL)




RESOLUTION NO. ____________


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DEEMING IT NECESSARY TO INCUR A BONDED INDEBTEDNESS TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 2, AND CALLING A SPECIAL ELECTION THEREIN TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRING SUCH BONDED INDEBTEDNESS
WHEREAS, the City Council (the “Council”) of the City of Brentwood (the “City”) has duly adopted Resolution No. 2503 on March 26, 2002, wherein the Council declared its intention to and proposed to establish a community facilities district under and pursuant to the terms and provisions of the “Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”), to be known and designated as the “Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California“ (the "Community Facilities District”), to finance certain public facilities (the “Facilities) and certain public services (the “Services”) which are listed in Exhibit A and Exhibit B, respectively, attached hereto and incorporated herein and made a part hereof in and for the Community Facilities District and, except where funds are otherwise available, to levy a special tax sufficient to pay for the Facilities and the Services pursuant to the Act; and
WHEREAS, the Council has heretofore on March 26, 2002, duly adopted Resolution No. 2504 (the “Resolution”) declaring its intention to incur a bonded indebtedness in the amount of fifteen million dollars ($15,000,000) to finance the acquisition and construction of the Facilities in and for the Community Facilities District, which Facilities are necessary to meet increased demands placed upon the City as a result of development occurring in the Community Facilities District; and
WHEREAS, pursuant to the Resolution, a public hearing was convened by the Council on Tuesday, May 14, 2002, at 7:30 pm., or as soon thereafter as the City may reach the matter, at the regular meeting place of the Council at 734 Third Street, Brentwood, California 94513, at which public hearing all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard on the proposed debt issue or on any other matters set forth in the Resolution, and they were permitted to present any matters relating to the necessity for incurring such bonded indebtedness to finance the costs of the acquisition and construction of the Facilities and to be secured by a special tax to be levied within the Community Facilities District; and
WHEREAS, at the end of said public hearing the Council duly adopted a resolution establishing the Community Facilities District; and
WHEREAS, the Council is fully advised in the premises.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Brentwood, as follows:
Section 1. All of the above recitals are true and correct, and the Council so finds and determines.
Section 2. The Council hereby declares and deems that the public convenience and necessity require and it is necessary that a bonded indebtedness in the principal amount of fifteen million dollars ($15,000,000) be incurred to finance the acquisition and construction of the Facilities in and for the Community Facilities District, which amount includes all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which such bonded indebtedness is proposed to be incurred, including, but not limited to, the estimated costs of acquisition of land, rights-of-way, capacity or connection fees, satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued pursuant to the Act, architectural, engineering, inspection, legal, fiscal, and financial consultant fees, bond and other reserve funds, discount fees, interest on any bonds of the Community Facilities District estimated to be due and payable within two (2) years of issuance of the bonds, election costs, and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs.
Section 3. The whole of the territory within the Community Facilities District will be benefited by such bonded indebtedness and will be subject to the special tax to pay for such bonded indebtedness.
Section 4. The maximum term of the bonds shall not exceed forty (40) years from the date of the bonds, or the date of any series thereof.
Section 5. The maximum annual rate or rates of interest to be paid on the bonds shall not exceed twelve percent (12%) per annum.
Section 6. The Council hereby approves the form of Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in the Community Facilities District, a copy of which is attached hereto as Exhibit C. The Council hereby finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under Government Code Section 53326(a), and that the waiver constitutes a full and knowing waiver, by any voter who has executed the form, of those rights, procedures and time periods.
Section 7. The Council hereby accepts the Certificate of the City Clerk certifying that 100% of the voters eligible to vote in this election have delivered to the City Clerk properly executed waivers in the form of Exhibit C.
Section 8. A special mailed-ballot election shall be and is hereby called and ordered to be held in the Community Facilities District on Tuesday, May 14, 2002, in accordance with and subject to the Act and applicable law and the terms hereof, at which special mailed-ballot election there shall be submitted to the landowners within the Community Facilities District (which landowners are the electors and persons qualified to vote at said special mailed-ballot election) the question of incurring a bonded indebtedness in the amount of fifteen million dollars ($15,000,000) for the Community Facilities District, and the Council hereby directs that the question of incurring such bonded indebtedness shall be combined in one ballot proposition with the question of levying such special tax within the Community Facilities District and the establishment of an appropriations limit in the amount of five million dollars ($5,000,000) per fiscal year in connection therewith, all in accordance with and subject to the Act, all the terms of which shall be applicable to such election. The combined ballot proposition of levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall read as follows:
MEASURE (A): Shall the City of Brentwood be authorized to levy a special tax in its Community Facilities District No. 2 (“CFD No. 2”) on an annual basis to pay for certain public facilities and certain public services which are in addition to the services currently provided in CFD No. 2, and be authorized to incur a bonded indebtedness in the principal amount of not to exceed fifteen million dollars ($15,000,000) to finance the acquisition and construction of those certain public facilities, as described in the Resolution of Formation and the Resolution Deeming It Necessary to Incur a Bonded Indebtedness adopted by the City Council of the City of Brentwood on May 14, 2002, and shall an annual appropriations limit in the amount of five million dollars ($5,000,000) be established for fiscal year 2002-2003 in connection with CFD No. 2?

Section 9. If the combined proposition for the levying of such special tax and the establishment of such appropriations limit and the incurring of such bonded indebtedness receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the bonds may be issued and sold for the purpose for which they were authorized, and the bonds (except where funds are otherwise available) shall be paid exclusively from the annual levy of such special tax and are not and shall not be secured by any other taxing power or funds of the City or the Community Facilities District.
Section 10. The City Clerk is hereby designated as the official to conduct the special mailed ballot election pursuant to Elections Code Sections 14 and 15. In order to be counted, ballots must be returned to, and be physically received by, the City Clerk before 10:00 p.m. on May 14, 2002, provided, that if all authorized ballots are received by the City Clerk prior to that time, the City Clerk shall, pursuant to Government Code Section 53326(d), immediately close the election and declare the results.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 14th day of May, 2002, by the following vote:
AYES: Councilmembers
NOES:
ABSENT:




Michael A. McPoland, Sr.
Mayor 
ATTEST:



Karen Diaz, CMC
City Clerk 

EXHIBIT A

AUTHORIZED FACILITIES



FACILITIES

I. Open Space Facilities.

a) Acquisition of open space lands, easements and rights-of-way and necessary incidental costs to acquire the land including title reports, appraisals, etc.

b) Construction of trails, drainage structures, fire breaks, etc. to allow for safe pedestrian access within and throughout the open space areas.



EXHIBIT B

AUTHORIZED SERVICES



SERVICES

I. Fire Suppression, Emergency Medical and Public Safety Services.

a) Fire fighting, emergency medical and public safety personnel salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

II. Open Space Services.

Maintenance and operation of open space and natural wildlands owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

a) Maintenance workers and patrol guard salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

III. Flood and Storm Drainage Services.

Maintenance and operation of flood and storm drainage improvements owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:

a) Maintenance workers salaries, benefits and other associated costs which may include uniforms, maintenance equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.



EXHIBIT C
WAIVER AND CONSENT OF LANDOWNERS IN THE PROPOSED CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 2 SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING A SPECIAL ELECTION
The undersigned is the owner (or the authorized representative of the owner if the owner is not a natural person) of certain real property in the City of Brentwood (the assessor’s parcel number[s] of which is[are] _______________________________________), which real property is located in the proposed City of Brentwood Community Facilities District No. 2 (the “Community Facilities District”), as the boundaries of the Community Facilities District are set forth on the map entitled “Proposed Boundaries of Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California” as shown in Attachment A attached hereto and incorporated herein, and in such capacity the undersigned certifies that the undersigned is legally entitled and authorized to cast the ballots for the above-referenced owner in the special election to be conducted within the Community Facilities District to determine, among other things, whether the land owned by the above-referenced owner shall be subject to the levy of a special tax by the Community Facilities District.
The undersigned hereby waives any and all minimum time requirements relative to such election pursuant to Section 53326(a) of the California Government Code, and the undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure to be submitted at such election, as well as arguments and rebuttal arguments in favor of or against such ballot measure pursuant to Section 53327(b) of the California Government Code, and the undersigned hereby waives the requirement to publish a notice of such election pursuant to Section 53352 of the California Government Code, and the undersigned hereby waives the timing requirements regarding the mailing of ballots to the qualified electors within the Community Facilities District pursuant to Section 4101 of the California Elections Code.
The undersigned hereby further agrees to accept either mailed service or personal service of the ballot, and the undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots pursuant to Section 53327.5 of the California Government Code, and the undersigned further waives any and all defects in notice or procedure in the conduct of such election, whether known or unknown (other than the right to have ballots accurately counted), and the undersigned hereby states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the above-referenced owner.
Dated: ________________________, 2002
By 
(signature)

(print name of Owner or Authorized Representative)


ATTACHMENT A
[ATTACH A COPY OF THE PROPOSED BOUNDARY MAP OF
THE COMMUNITY FACILITIES DISTRICT] 
CLERK’S CERTIFICATE

I, Karen Diaz, City Clerk of the City of Brentwood, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 14th day of May, 2002, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES: Councilmembers

NOES: 

ABSENT: 

An agenda of said meeting was posted at least 72 hours before said meeting at City Hall, 150 City Park Way, Brentwood, California 94513, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: 


_________________________________________
Karen Diaz, CMC
City Clerk, City of Brentwood
(SEAL)





RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DETERMINING THE RESULT OF THE SPECIAL MAILED-BALLOT ELECTION HELD IN ITS COMMUNITY FACILITIES DISTRICT NO. 2, ON MAY 14, 2002 
WHEREAS, the City Clerk of the City of Brentwood has duly canvassed the votes cast in its Community Facilities District No. 2 (the “Community Facilities District”) at the special mailed-ballot election held in the Community Facilities District on May 14, 2002, by the qualified electors of the Community Facilities District upon the proposition hereinafter set forth, and has certified to this City Council the result of the votes cast at such special mailed-ballot election upon said proposition, which said certification is now on file in the office of the City Clerk of the City of Brentwood;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Brentwood as follows:
Section 1. All of the above recitals are true and correct, and the Council so finds and determines.
Section 2. The canvass of the votes cast in the Community Facilities District at the special mailed-ballot election held in the Community Facilities District on May 14, 2002, as shown by said certification, is hereby approved and confirmed.
Section 3. At such special mailed-ballot election in the Community Facilities District the following proposition was submitted to the qualified voters of the Community Facilities District and the number of votes cast in the Community Facilities District for and against such proposition, as set forth in said canvass, is as follows:
MEASURE (A): Shall the City of Brentwood be authorized to levy a special tax in its Community Facilities District No. 2 (“CFD No. 2”) on an annual basis to pay for certain public facilities and certain public services which are in addition to the services currently provided in CFD No. 2, and be authorized to incur a bonded indebtedness in the principal amount of not to exceed fifteen million dollars ($15,000,000) to finance the acquisition and construction of those certain public facilities, as described in the Resolution of Formation and the Resolution Deeming It Necessary to Incur a Bonded Indebtedness adopted by the City Council of the City of Brentwood on May 14, 2002, and shall an annual appropriations limit in the amount of five million dollars ($5,000,000) be established for fiscal year 2002-2003 in connection with CFD No. 2?
Section 4. The total number of votes cast in the Community Facilities District at such special mailed-ballot election for and against such proposition was and is set forth in said canvass.
Section 5. More than two-thirds (2/3) of all the votes cast at such special mailed-ballot election was cast in favor of such proposition, and such proposition carried, and the Community Facilities District has been duly organized and is duly authorized to finance the public facilities and the public services set forth in said proposition and to incur the bonded indebtedness set forth in said proposition and to levy the special tax set forth in said proposition.
Section 6. The City Clerk of the City of Brentwood is hereby directed to enter this resolution on the minutes of this City Council, which shall constitute the official declaration of the result of such special mailed-ballot election, and is hereby further authorized and directed to record a notice of special tax lien in accordance with the provisions of Section 3114.5 of the Streets and Highways Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 14th day of May, 2002, by the following vote:
AYES: Councilmembers
NOES:
ABSENT:




Michael A. McPoland, Sr.
Mayor 
ATTEST:



Karen Diaz, CMC
City Clerk 


CLERK’S CERTIFICATE

I, Karen Diaz, City Clerk of the City of Brentwood, do hereby certify as follows:

The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 14th day of May, 2002, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES: Councilmembers

NOES: 

ABSENT: 

An agenda of said meeting was posted at least 72 hours before said meeting at City Hall, 150 City Park Way, Brentwood, California 94513, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: 


_________________________________________
Karen Diaz, CMC
City Clerk, City of Brentwood
(SEAL)

ORDINANCE NO. ____________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD LEVYING A SPECIAL TAX FOR THE FISCAL YEAR 2002-2003 AND FOLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING TO THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 2

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BRENTWOOD:
1. Pursuant to Government Code Sections 53328 and 53340, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit D to the Resolution Establishing the City of Brentwood Community Facilities District No. 2 adopted by the City Council (the “Council”) of the City of Brentwood (the “City”) on May 14, 2002 (the “Resolution”), a special tax is hereby levied on all taxable parcels within the City’s Community Facilities District No. 2, for the 2002-2003 fiscal year and for all subsequent fiscal years in the amount of the maximum authorized tax. The amount of special tax levied in each year may be adjusted annually, subject to the maximum authorized special tax limit, by resolution of the Council.
2. The Director of Finance and Information Systems of the City is authorized and directed, with the aid of the appropriate officers and agents of the City, to determine each year, without further action of the Council, the Special Tax Requirement (as that term is defined in Exhibit D of the Resolution), to prepare the annual special tax roll in the amount of the Special Tax Requirement in accordance with said Exhibit D and, without further action of the Council, to provide all necessary and appropriate information to the Contra Costa County Auditor in proper form, and in proper time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County; provided, that as provided in the Resolution and Section 53340 of the California Government Code, the Council has reserved the right to utilize any method of collecting the special tax which it shall, from time to time, determine to be in the best interests of the City, including but not limited to, direct billing by the City to the property owners and supplemental billing.
3. The appropriate officers and agents of the City are authorized to make adjustments to the special tax roll prior to the final posting of the special taxes to the County tax roll each fiscal year, as may be necessary to achieve a correct match of the special tax levy with the assessor's parcel numbers finally utilized by the County in sending out property tax bills.
4. The City agrees that, in the event the special tax is collected on the secured tax roll of the County, the County may deduct its reasonable and agreed charges for collecting the special tax from the amounts collected, prior to remitting the special tax collections to the City.
5. Taxpayers who have requested changes or corrections of the special tax and who are not satisfied with the decision of the Director of Finance and Information Systems (whether the Director of Finance and Information Systems simply disagrees with the taxpayer or feels the Director of Finance and Information Systems is not authorized to consider the change requested) may appeal to the Council. The appeal must be in writing and fully explain the grounds of appeal, and must be based solely on the correction of mistakes in the levy based upon the status of the property, and no other appeals will be allowed. The Director of Finance and Information Systems shall schedule the appeal for consideration within a reasonable time at a Council meeting.
6. If for any cause any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel by a court of competent jurisdiction, the balance of this ordinance, and the application of the special tax to the remaining parcels, shall not be affected.
7. This ordinance shall take effect and be in force thirty (30) days after its date of passage as a tax measure; and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published and circulated in Community Facilities District No. 2.
I HEREBY CERTIFY that the foregoing ordinance was first read at a regular meeting of the Council of the City of Brentwood on the 14th day of May, 2002, and was passed and adopted at a regular meeting of the Council on the ____ day of ____________, 2002.

AYES: Councilmembers
NOES:
ABSENT:

Michael A. McPoland, Sr.
Mayor 
ATTEST:

Karen Diaz, CMC
City Clerk