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CITY COUNCIL AGENDA ITEM NO. 27

Meeting Date: January 13, 2004

Subject/Title: Consideration of resolutions completing Annexation #1 to Community Facilities District No. 3

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Hold the Public Hearing regarding the annexation of territory to the City of Brentwood Community Facilities District No. 3 (CFD No. 3).

Approve a Resolution determining the annexation of territory to CFD No. 3 and calling a special election.

Conduct the special election for the annexation of territory to CFD No. 3.

Approve a Resolution determining the results of the special election for the annexation of territory to CFD No. 3.

PREVIOUS ACTION
On December 9, 2003, by Resolution No. 3040, the City Council approved Annexation #1 Boundary Map for CFD No. 3. In addition, the City Council approved Resolution No. 3041 declaring the intention to annex the territory shown on the Annexation #1 Boundary Map into CFD No. 3.

On June 24, 2003, by Resolution No. 2907, the City Council established 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.

BACKGROUND
Per City Council Resolution No. 2907, 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 annual special tax rate, as previously set at district formation, is $600 per single family home for residential property, and $3,600 per acre (capped at 5 acres) for commercial and industrial property, with a maximum CPI 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 FY 2004-05 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.

Special Taxes must be approved by a majority of the qualified voters returning ballots. 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 the 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 within the boundaries of Annexation #1 to CFD No. 3. Therefore, an election by property owner voters will be conducted.

Though the requirement to annex territory into CFD No. 3 is to obtain two-thirds majority approval of the qualified voters returning ballots, the City must receive a 100% return in favor of forming the CFD. This 100% return in favor will allow the City to annex future properties into the CFD without having to re-ballot the property owners already within the CFD.

Each of the property owners within the territory to be annexed into CFD No. 3 have been sent a “Wavier and Consent” form, which has allowed the City to shorten all minimum time requirements relative to the annexation of territory into CFD No. 3. The property owners have also received a special election ballot for the annexation of their property into CFD No. 3, which allows them one vote per acre or portion thereof.

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:
Resolution Determining to Annex Territory to CFD No. 3
Resolution Determining Results of the Special Mailed Ballot Election

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 3, CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE LANDOWNERS IN THE TERRITORY PROPOSED FOR ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT THE QUESTION OF SUCH ANNEXATION
(Annexation #1)
WHEREAS, the City Council (the “Council”) of the City of Brentwood (the “City”), has duly adopted Resolution No. 3041 on December 9, 2003 (the “Resolution”), determined, under 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”), that the public convenience and necessity require that certain territory more particularly described in the Resolution (the “Territory”) be annexed to the existing Community Facilities District No. 3, City of Brentwood, County of Contra Costa, State of California (CFD No. 3); and

WHEREAS, the Resolution fixed Tuesday, the 13th day of January 2004, at the hour of 7:00 P.M., or as soon thereafter as the Council may reach the matter, at the regular meeting place of the Council, at 734 Third Street, Brentwood, California 94513, as the time and place for a public hearing to be held by the Council to consider the proposed annexation of the Territory to CFD No. 3 and all other matters set forth in the Resolution, and notice of such public hearing was duly given as provided in the Resolution; and

WHEREAS, the Annexation #1 Boundary Map was recorded in the office of the County Recorder of the County of Contra Costa on December 11, 2003 in Book 75 of Maps of Assessment and Community Facilities Districts at page 1; and

WHEREAS, pursuant to the Resolution, such public hearing was duly convened by the City Council at the time and place appointed therefore, and at such public hearing the City Council considered the proposed annexation of the Territory to CFD No. 3 and any other matters set forth in the Resolution, and at such public hearing all persons interested, including all taxpayers, property owners and registered voters within CFD No. 3 and within the Territory, were given an opportunity to appear and be heard, and the testimony of all interested persons or taxpayers for or against such proposed annexation or any other matters set forth in the Resolution was heard and considered; and

WHEREAS, the Council is fully advised in this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood as follows:

Section 1. The above recitals are true and correct, and the City Council so finds and determines.
Section 2. The City Council hereby accepts the Certificate of Clerk that 100% of the voters eligible to vote in this election have delivered to the Clerk properly executed waivers in the form approved.
Section 3. The City Council hereby determines to call a special election to submit to the landowners in the Territory (which landowners are the electors qualified to vote at such special election) the question of annexing the Territory to CFD No. 3, and in connection with such election, the City Council finds and determines that all landowners in the Territory have waived any and all time periods relative to such election pursuant to California Government Code Section 53326(a), and they have waived the preparation and distribution of an impartial analysis of the ballot proposition, as well as arguments in favor and against such proposition, pursuant to California Government Code Section 53327(b), and they have waived the requirement to publish notice of the election pursuant to California Government Code Section 53352, and they have waived the requirements regarding the time to mail ballots pursuant to California Elections Code Section 4101, and they have agreed to accept either mailed service or personal service of the ballots, and they have waived the requirements regarding identification envelopes for the return of mailed ballots pursuant to California Government Code Section 53327.5, and they have requested that the election be expedited.
Section 4. The City Council finds and determines that written protests to such proposed annexation are insufficient in number and in amount under the Act and that such proposed annexation has not been precluded by a majority protest as provided in the Resolution; and accordingly the City Council hereby orders that all protests to such proposed annexation are hereby overruled.
Section 5. The City Council hereby reapproves and readopts the Resolution, and reconfirms all of its findings and determinations contained therein, and if such proposed annexation is approved at the election called by this resolution, the Territory shall be annexed to and shall become a part of CFD No. 3; and upon recordation of a notice of special tax lien pursuant to Section 3117.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of such special tax shall attach to all nonexempt real property in CFD No. 3 (as constituted after such election), which lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of such special tax by the City Council ceases, or until Fiscal Year 2098-2099, whichever is earlier.
Section 6. A special election shall be and is hereby called and ordered to be held in the Territory on Tuesday, January 13, 2004, at 7:00 p.m., or as soon thereafter as the City Council may reach the matter, 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 in the Territory the question of annexing the Territory to CFD No. 3, and the ballot proposition for use at such special election shall be as follows:
Shall the parcels of land as described in Resolution No. 3040 and 3041 adopted by the City Council of the City of Brentwood on December 9, 2003, be annexed to Community Facilities District No. 3, City of Brentwood, County of Contra Costa, State of California, and be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 3?
Section 7. The City Clerk (the “Clerk”) is hereby designated as the official to conduct such special election in accordance with and subject to the Act and applicable law and the following provisions of this resolution:
(a) Such 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 such special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of general elections in the City that are consistent with the Act.
(b) All landowners within the Territory upon the date of such special election herein called shall be qualified to vote upon the proposition to annex the Territory to CFD No. 3 to be submitted at such special election.
(c) Such 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 there shall be no polling place for such special election. All official ballots shall be mailed or personally delivered by the Clerk to such landowners, and all voted ballots are required to be received at the office of the Clerk not later than 7:00 P.M. on the day of the special election in order to be counted.
(d) Each voter to vote for the proposition to be submitted at such special election shall mark a cross (+) in the blank space opposite the word “YES” on the ballot to the right of such proposition, and to vote against such proposition shall mark a cross (+) in the blank space opposite the word “NO” on the ballot to the right of such proposition, which cross (+) may be marked with either pen or pencil.
(e) The Clerk shall commence the canvass of the returns of such special election at her office at the conclusion of such special election, and at the conclusion of such canvass shall determine the results of such special election; provided, that if all the qualified electors shall have voted on the proposition hereby submitted at any time prior to 7:00 P.M. on the date of such special election, the Clerk shall close such special election at such time and thereupon shall proceed to canvass the returns of such special election and to determine the results thereof.
(f) The City Council shall meet at its regular meeting on Tuesday, January 13, 2004, at the hour of 7:00 P.M., or at such prior time if all ballots are cast and returned to the Clerk, and declare the results of such special election as determined by the Clerk, and shall cause to be spread upon its minutes a statement of the results of such special election as ascertained by such canvass.
Section 8. If two-thirds (2/3) or more of the votes cast upon the proposition to annex the Territory to CFD No. 3 are cast in favor thereof, as determined by the City Council after reviewing the returns of such special annexation election, the Territory shall become annexed to CFD No. 3, and shall be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 3.

Section 9. The Director of Finance and Information Systems or her designee, 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.
Section 10. This resolution shall take effect from and after its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 13th day of January 2004 by the following vote:

RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DETERMINING THE RESULTS OF THE SPECIAL ELECTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 3, CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
(Annexation #1)
WHEREAS, the City Clerk of the City of Brentwood has duly canvassed the votes cast at the special election held to annex territory to Community Facilities District No. 3, City of Brentwood, County of Contra Costa, State of California (CFD No. 3), on January 13, 2004, upon the proposition hereinafter set forth, and has certified to this City Council the results of the votes cast at such special election upon such proposition, which certification is now on file in the office of the Clerk of the City of Brentwood;

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

Section 1. The above recital is true and correct, and this City Council so finds and determines.
Section 2. The canvass of the votes cast at the special mailed-ballot election held to annex territory to CFD No. 3 held on January 13, 2004, as shown by said certification, is hereby approved and confirmed.
Section 3. At such special mailed-ballot election, the following proposition was submitted to the landowners in the area proposed for annexation to CFD No. 3, and the number of votes cast for and against such proposition, as set forth in said canvass, is determined to be as follows:
BALLOT MEASURE

Shall the parcels of land as described in Resolution Nos. 3040 and 3041 adopted by the City Council of the City of Brentwood on December 9, 2003, be annexed to Community Facilities District No. 3, City of Brentwood, County of Contra Costa, State of California, and be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 3?
Number of votes
YES
__________

Number of votes
NO
__________


Section 4. The total number of votes cast at such special mailed-ballot election for and against such propositions 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 annexation election were cast in favor of such annexation proposition, and such annexation proposition carried.
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 results 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 3117.5 of the Streets and Highways Code of the State of California.
Section 7. This resolution shall take effect from and after its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 13th day of January 2004, by the following vote:
 

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