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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: December 9, 2003

Subject/Title: Approve a Resolution approving Annexation #1 Boundary Map to Community Facilities District No. 3 (CFD No. 3) and approve a Resolution of Intention to annex territory to Community Facilities District No. 3, levy a special tax in such territory and set a date of January 13, 2004 for the Public Hearing.

Submitted by: B. Grewal/D. Galey

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving Annexation #1 Boundary Map to City of Brentwood Community Facilities District No. 3 (CFD No. 3).

Approve a Resolution declaring the intent to annex territory to CFD No. 3, levy a special tax in such territory and set a date of January 13, 2004 at 7:00 P.M. for the Public Hearing.

PREVIOUS ACTION
On March 12, 2002, by Resolution No. 2489, City Council adopted Local Goals, Policies and Appraisal Standards Concerning the Use of the Community Facilities Act of 1982 (Act). These Local Goals, Policies and Appraisal Standards were required to be adopted by the City before the City could form Community Facilities Districts utilizing the Act.

On May 13, 2003, by Resolution No. 2844, City Council adopted a Resolution of Intention to establish CFD No. 3. In addition, City Council adopted Resolution No. 2845 which was a Resolution to Incur Bonded Indebtedness.

On June 24, 2003, by Resolution No. 2907, City Council adopted a Resolution to establish the formation of CFD No. 3. In addition, the City Council adopted Resolution Nos. 2908 and 2909 deeming it necessary to incur bonded indebtedness and determining the results of the special mailed ballot election, respectively.

BACKGROUND
CFD No. 3 provides a revenue stream for the purchase of open space facilities, police facilities, flood & storm drainage facilities and joint use school facilities. In addition, it provides funding for increased fire suppression and emergency medical services (EMS), police protection and public safety services, open space maintenance, the maintenance and operation of flood and storm drainage facilities and services, and the maintenance and operation of joint use school facilities which the City has with the two School Districts.

The City currently requires all new parcels, as a condition of development, to annex into CFD No. 3 and subsequently pay the annual CFD No. 3 Tax.

The maximum special tax rate for CFD No. 3 was previously set during District formation at $600/parcel/year for each single family parcel with a maximum increase of 2% per year for residential units. Parcels are eligible for the special tax if they have been issued a building permit prior to January 1st preceding the fiscal year Special Taxes are levied.

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 2003-04 Special Tax Rate would be $5,400 per acre ($3,600/acre x 1.50).

2 For FY 2004-05 and on the Special Tax Rates for Single Family, Condominium, Multi-Family, and Rural parcels shown in the table above will be increased two (2.00%) percent compounded annually.

3 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. For FY2004-05 and on the Special Tax Rates for Commercial, Industrial, and Institutional parcels shown in the table above will be increased by the Consumer Price Index for San Francisco Bay Area Urban Wage Earners (from June 2003) with a minimum of two (2.00%) percent compounded annually.

The proposed boundaries of Annexation #1 to CFD No. 3 are shown as Exhibit A to the attached Resolution.

Special Taxes must be approved by a two-thirds majority of the qualified voters returning ballots. Future annexations are anticipated for CFD No. 3; 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. 3, and therefore the election of qualified voters will be conducted by a property owner vote based upon their proportionate parcel acreage within the Annexation #1 boundaries.

Each of the property owners within Annexation #1 to CFD No. 3 will be sent a “Waiver and Consent” form which will allow the City to shorten minimum time requirements relative to Annexation #1 to CFD No. 3. The property owners will then receive a special election ballot for Annexation #1 to CFD. No. 3. Prior to the Public Hearing on January 13, 2004, 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 100% return in favor of Annexation #1 to CFD No. 3 and levying of the special tax, then the City will be able to levy the special tax relative to the newly annexed parcels for Fiscal Year 2004-05 and on.

FISCAL IMPACT
Annexation #1 into CFD No. 3 will provide approximately an additional $707,520 in revenue for CFD No. 3 on an annual basis, once development occurs.

Attachments:
Consolidated CFD Map
Resolution Approving Annexation #1 Boundary Map to CFD No. 3
Annexation #1 Boundary Map
Resolution Declaring Intent to Annex Territory to CFD No. 3
List of Parcels to be Annexed

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING ANNEXATION #1 BOUNDARY MAP TO COMMUNITY FACILITIES DISTRICT NO. 3
(Annexation No. 1)

WHEREAS, a map entitled “Annexation #1 Boundary Map of Community Facilities District No. 3, City of Brentwood, County of Contra Costa, State of California” (the “Annexation #1 Boundary Map”) has been filed with the City Clerk of the City of Brentwood, attached as “Exhibit A”; and

WHEREAS, the Annexation #1 Boundary Map cross-references the map entitled, “Amended Boundaries of Community Facilities District No. 3, City of Brentwood, County of Contra Costa, State of California,” filed for record in the office of the County of Contra Costa Recorder on July 8, 2003, in Book 73 of Maps of Assessment and Community Facilities Districts at page 19.

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 and adopts the boundaries shown on the map as describing the extent of the territory being proposed for annexation to Community Facilities District No. 3, City of Brentwood, County of Contra Costa, State of California (Exhibit A).

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 held on the 9th day of December 2003 by the following vote:

RESOLUTION NO.

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 3 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. 3, City of Brentwood, County of Contra Costa, State of California (“CFD No. 3”); 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 December 9, 2003, 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. 3.

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. 3 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. 3, under the rate and method of apportionment contained in the Resolution of Formation No. 2709 adopted by the City Council on June 24, 2003. 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. 3 is contemplated by these proceedings either as it pertains to the area already within CFD No. 3 or as it pertains to the area to be annexed to CFD No. 3.

Section 5. The City Council hereby sets Tuesday, January 13, 2004, at 7:00 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. 3 or the foregoing levy of special taxes within the area proposed to be annexed to CFD No. 3 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. 3 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. 3, 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. 3, 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. 3 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. 3 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. 3 and authorizing the levy of special taxes of CFD No. 3 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 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 held on the 9th day of December 2003 by the following vote:

EXHIBIT A

LIST OF PARCELS TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 3
CITY OF BRENTWOOD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA

Assessor’s Parcel Nos.
 

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