City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

 CITY COUNCIL AGENDA ITEM NO. 14



Meeting Date: October 22, 2002

Subject/Title: Consideration of the following actions pertaining to the approval of Annexation #1 for Community Facilities District No. 2

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving Annexation #1 Boundary Map for the Brentwood Community Facilities District No. 2 (CFD No. 2).

Approve a Resolution of intention to annex territory to CFD No. 2, levy a special tax in such territory and set a date of December 10, 2002 at 7:30 p.m. for the public hearing.

PREVIOUS ACTION
On May 14, 2002, by Resolution No. 2544, the City Council adopted a resolution to establish the formation of CFD No. 2. In addition, the City Council adopted Resolution Nos. 2545 and 2546 deeming it necessary to incur bonded indebtedness, and determining the results of the special mailed ballot election.

BACKGROUND
CFD No. 2 provides a revenue stream for the purchasing and maintenance of open space, for increasing the number of fire suppression, emergency medical services (EMS) and public safety personnel and for the maintenance and operation of flood and storm drainage services, located within the City of Brentwood. If the Citywide CFD No. 1 is formed at a later date for the funding of Citywide Fire/EMS/Public Safety personnel, the special tax attributable to the Fire/EMS/Public Safety portion of CFD No. 2 will not be collected in future years because this revenue will be collected under CFD No. 1.

The special tax rate for CFD No. 2 is set at $175 per single family home and $1,050 per acre (capped at 5 acres) for commercial property, 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 ensuing fiscal year will not be taxed. This special tax sunsets June 30, 2053.

Special Taxes must be approved by a two-thirds majority of the qualified voters returning ballots. Future annexations are anticipated for CFD No. 2, therefore 100% approval is required. Qualified voters are determined based on one of the two following cases:

1. If twelve or more registered voters reside within the boundaries of the area proposed to be annexed, the qualified voters are those registered voters residing within that area to be annexed, and every registered voter receives one vote.
2. If fewer than twelve registered voters reside within the area proposed to be annexed, the qualified voters are those owners of property within that area to be annexed. Every property owner receives one vote per acre, or portion thereof, owned within the area to be annexed.

There are less than twelve registered voters residing in Annexation #1 to CFD No. 2, and therefore it is proposed, an election by property owner voters will be conducted. 

Each of the property owners within Annexation #1 to CFD No. 2 will be sent a “Wavier and Consent” form, which will allow the City to waive all minimum time requirements relative to Annexation #1 into CFD No. 2. The property owners will then receive a special election ballot for Annexation #1 into CFD. No. 2. Prior to the public hearing on December 10, 2002, all of the ballots must be cast. As stated previously, each owner will have one vote per acre or portion thereof. 

If the City receives a 100% return in favor of Annexation #1 into CFD No. 2 and levying of the special tax, then the City would be able to levy the special tax for Annexation #1 into CFD No. 2 for Fiscal Year 2003-04 and on.

FISCAL IMPACT
Annexation #1 into CFD No. 2 will provide approximately an additional $380,000 in revenue for CFD #2 on an annual basis, once development occurs. For FY2002/03, $1,575.00 was levied for CFD No. 2.

Expenditures for professional services associated with the annexation are estimated in the following amounts:

Engineering Services – Francisco & Associates $40,000
Legal Services – Orrick, Herrington & Sutcliffe $ 5,650

Funds to cover expenses are deposited with the City by the Developer of each project to be annexed into CFD No. 2.


Attachments
Resolutions 
Annexation #1 Boundary Map


RESOLUTION NO. 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING ANNEXATION #1 BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO. 2

(Annexation No. 1)


WHEREAS, a map entitled “Annexation #1 Boundary Map of Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California” (the “Annexation #1 Boundary Map”), as shown in attached Exhibit “A”, has been filed with the City Clerk of the City of Brentwood; and

WHEREAS, the Annexation #1 Boundary Map cross-references the map entitled, “Amended Boundaries of Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California,” filed for record in the office of the County of Contra Costa Recorder on May 22, 2002, in Book 71 of Maps of Assessment and Community Facilities Districts at page 18;

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

Section 1. The foregoing recitals are true and correct and the City Council hereby so finds and determines.

Section 2. The City Council approves the Annexation #1 Boundary Map as shown in attached Exhibit “A” and adopts the boundaries shown on the map as describing the extent of the territory being proposed for annexation to Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California.

Section 3. The City Council finds that the Annexation #1 Boundary Map is in the form and contains the matters prescribed by Sections 3110 and 3110.5 of the California Streets and Highways Code.

Section 4. The City Council directs the Clerk to certify the adoption of this resolution on the face of the Annexation #1 Boundary Map, and to file a copy of the map with the County Recorder of the County of Contra Costa for recordation in the Book of Maps of Assessment and Community Facilities Districts.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of October 2002, by the following vote:





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 22nd day of October 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: Council Members
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: _____________, 2002.

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

RESOLUTION NO. 

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2 AND TO LEVY A SPECIAL TAX IN SUCH TERRITORY

(Annexation No. 1)


WHEREAS, the City Council of the City of Brentwood (the “City Council”) has determined that the public convenience and necessity require the annexation of additional parcels of land to Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California (“CFD No. 2”); and 

WHEREAS, the parcels of land proposed to be annexed are as listed in Exhibit A attached hereto and are included within the boundaries shown on Annexation #1 Boundary Map approved by the City Council’s Resolution No. ________, adopted on October 22, 2002, copies of which map and resolution are available for inspection at the office of the City Clerk; and

WHEREAS, the City Council finds that this annexation is to the advantage of the City of Brentwood and the owners of property within CFD No. 2.

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

Section 1. The foregoing recitals are true and correct and the City Council hereby so finds and determines.

Section 2. The facilities and services authorized to be financed by CFD No. 2 are not proposed to be expanded or diminished by this annexation.

Section 3. The area to be annexed (the “Territory”) shall be subject to a special tax, from the time of its inclusion in CFD No. 2, under the rate and method of apportionment contained in the Resolution of Formation No. 2544 adopted by the City Council on May 14, 2002. This special tax will be secured by the recordation of a continuing lien against all non-exempt real property in the area to be annexed.

Section 4. No alteration of the rate and method of apportionment of the special tax within CFD No. 2 is contemplated by these proceedings either as it pertains to the area already within CFD No. 2 or as it pertains to the area to be annexed to CFD No. 2.

Section 5. The City Council hereby sets Tuesday, December 10, 2002, at 7:30 p.m., or as soon thereafter as the City Council may reach the matter, in the City Council Chambers of the City of Brentwood, 734 Third Street, Brentwood, CA 94513, as the time and place for the public hearing on this resolution. At that hearing, the testimony of all interested persons for or against the foregoing annexation of territory to CFD No. 2 or the foregoing levy of special taxes within the area proposed to be annexed to CFD No. 2 will be heard. Written protests must be filed with the City Clerk of the City of Brentwood prior to the time set for the hearing. Since there are less than twelve registered voters in CFD No. 2 or in the Territory, the Act provides that if the owners of one-half (1/2) or more of the area of land within CFD No. 2, or the owners of one-half (1/2) or more of the area of land within the Territory, file written protests against the proposed annexation of the Territory to CFD No. 2, and such protests are not withdrawn so as to reduce the value of the protests to less than a majority, then no further proceedings to annex the Territory to CFD No. 2 as proposed in this Resolution of Intention shall be taken for a period of one (1) year from the date of the decision by the City Council on the issues discussed at such public hearing. At the conclusion of such public hearing, the City Council may abandon the proceedings to annex the Territory to CFD No. 2 or may, after passing upon all protests, determine to proceed to call an election to submit to the qualified electors of the Territory the question of annexing the Territory to CFD No. 2 and authorizing the levy of special taxes of CFD No. 2 within the Territory; and if the City Council determines at the conclusion of such public hearing to call such an election, the voting procedure at such election shall be by landowners in the Territory voting in accordance with the Act. If such protests are directed only against certain elements of the proposed improvements or proposed special tax, only those elements shall be deleted from the proceedings.

Section 6. In the event an election is held in these annexation proceedings, it is anticipated that, in accordance with the Community Facilities Act of 1982, the voters will be the owners of land within the area proposed to be annexed which will be subject to the special tax, with each landowner eligible to cast one vote for each acre or portion of an acre owned therein.

Section 7. The City Clerk is hereby directed to arrange for publication of a Notice of Public Hearing on this resolution one time in the Ledger-Dispatch not less than 10 days prior to the public hearing.

Section 8. The City Clerk is hereby directed to mail a Notice of Public Hearing on this resolution to the owner of the property proposed to be annexed at its address as shown on the County Assessor’s current records, or a more recent address if known to the City Clerk, not less than 15 days prior to the hearing.


PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of October 2002, by the following vote:








EXHIBIT A

LIST OF PARCELS TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2
CITY OF BRENTWOOD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA

Assessor’s Parcel Nos.


Map # 
Project # Description of Parcel (APN) 
Name of Property Owner No. of Acres Total Acreage Number of Votes




8089 
010-040-006
010-040-007
010-040-028 
Pulte Home Corporation
Attn: Lisa Erker
772 Cenntennial Pl.
Brentwood, CA 94513

20.09
10.86
42.77 

73.72 

74


8416 
016-180-015 
Sunset Crossing, LLC
2120 E. Park Pl., Ste 100
El Segundo, CA 90245

22.13 
22.13 
23




8453 
019-070-005
019-070-006
019-070-008

Lancelot Preserve, L.P.
Arizona 
6.18
5.00
14.89 

26.07 

27


8408 
019-092-035
019-092-036 
Apricot Venture, LLC
90 El Camino Real
Burlingame, CA 94010

9.09
9.55 
18.64 
19


8469 
019-091-009 
Cindi Brown
1530 Apricot Way
Brentwood, CA 94513

1.00 
1.00 
1


8469 
019-091-030
019-091-031
019-091-032
019-091-037

Franklin A. Maggiore, TRE
820 Quiet Gable Ct.
Brentwood, CA 94513

10.08
10.12
10.72
16.82 


47.74 


48



Balfour Plaza
CUP 01-23


010-171-012 
Seven Hills Properties
3115 Vincente St.
San Francisco, CA 94116 

5.44 

5.44 

6




Lone Tree Center
DR 01-30 

019-010-008 
Rose Marie Pierce, TRE
805 Fletcher Lane, Ste 1
Hayward, CA 94544


20.04 

20.04 

21



Lone Tree Plaza
DR 01-32

019-020-034
019-020-039 
Roman Catholic Bishop
2900 Lakeshore Ave.
Oakland, CA 94610 
8.70
44.78 
53.48 
54



Lone Tree Plaza
DR 01-32

019-020-040 (Por) 
Ruckstahl, LLC
PO Box 5368
San Jose, CA 95150 

39.579 

39.58 

40



Lone Tree Plaza
DR 01-32

019-020-041 (Por) 
Ruckstahl, LLC
PO Box 5368
San Jose, CA 95150 

26.043 

26.04 

27



Sunset Industrial
Complex

018-200-008
018-220-003
018-230-030 

City of Brentwood 
40.40
9.80
21.11 

71.31 

72


10 

MS 355-02 

010-010-015 
Speiss
300 Concord Ave.
Brentwood, CA 94513


8.95 

8.95 

9


11 

MS 359-01 

016-110-028 
Bellecci
4030 St. Mary’s St.
Martinez, CA 94553


3.57 

3.57 

4


11 

MS 352-01 

016-120-015 
Gregory
961 Minnesota Ave.
Brentwood, CA 94513


24.93 

24.93 
25


12 
Acorn Storage
DR 00-14


019-010-028 
Moita
8117 Marsh Creek Rd.
Clayton, CA 94517 

8.43 

8.43 

9


13 

8421 

019-110-031 
Braddock and Logan
4155 Blackhawk Plaza Cir,
Danville, CA 94506


11.82 

11.82 

12


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 22nd day of October, 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: Council Members
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: _____________, 2002.

___________________________________Karen Diaz, CMC
City Clerk, City of Brentwood
(SEAL)
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov