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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: April 27, 2004

Subject/Title: Amend City Council Resolution No. 2004-84 initiating an application to the Contra Costa County Local Agency Formation Committee and adopt a new City Council Resolution by adding East Contra Costa Irrigation District to the LAFCO application.

Prepared by: J. Zilm, Senior Planner

Submitted by: Mitch Oshinsky, Community Development Director

RECOMMENDATION
Amend City Council Resolution No. 2004-84 initiating an application to the Contra Costa County Local Agency Formation Committee for Annexation No. 02-01 and adopt a new City Council Resolution, by adding East Contra Costa Irrigation District to the application to the Contra Costa County Local Agency Formation Committee (LAFCO) initiating Annexation No. 02-01 referred to as the Vineyards at Marsh Creek Project, the Contra Costa County Community College site, and the John Marsh House site, located at the terminus of Fairview Avenue and Concord Avenue, west of Marsh Creek, east and north of the new State Park on the former Cowell Ranch consisting of approximately 624 acres.

PREVIOUS ACTION
At its meeting of April 13, 2004 the Council voted unanimously to approve the Vineyards at Marsh Creek Project.

BACKGROUND
In order to complete the LAFCO annexation application all special districts, that a property needs to be annexed into, must be mentioned in the resolution that the City Council adopts initiating the annexation application to LAFCO. East Contra Costa Irrigation District was the only special district that needed to be included in this resolution. It was covered in Section 4.2 of the Development Agreement, however was omitted from the resolution initiating the annexation. Staff would like to correct this by asking the City Council to amend Resolution No. 2004-84 and adopt a new Resolution which states that the Vineyards at Marsh Creek Project, the Contra Costa County Community College site and the John Marsh House Park site will be annexed into the East Contra Costa Irrigation District as part of this annexation application.

Attachments:

A. Resolution No. 2004-84
B. Resolution

CITY COUNCIL RESOLUTION NO. 2004-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD INITIATING AN APPLICATION TO THE CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR ANNEXATION NO. 02-01 REFFERRED TO AS THE VINEYARDS AT MARSH CREEK PROJECT, THE CONTRA COSTA COUNTY COMMUNITY COLLEGE SITE AND THE JOHN MARSH HOUSE SITE, LOCATED AT THE CURRENT TERMINOUS OF FAIRVIEW AVENUE AND CONCORD AVENUE, WEST OF MARSH CREEK, EAST AND NORTH OF THE NEW STATE PARK ON THE FORMER COWELL RANCH CONSISTING OF APPROXIMATELY 624 ACRES.

WHEREAS, the City of Brentwood desires to initiate proceedings to the Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing with Section 56000 of the California Government Code, and;

WHEREAS, the applicant has applied for approval of an annexation of approximately 624 acres, and;

WHEREAS, the reasons for this proposed annexation are as follows:

1. This annexation is a logical and reasonable extension of the corporate limits of the City of Brentwood, as it includes a portion of the City’s southern Sphere of Influence adjacent to existing City limit boundary lines.

2. It is a desire of the applicant to annex to the City of Brentwood at this time in order to obtain municipal services and eventual development of their property in conformance with the General Plan of the City of Brentwood.

3. The proposal is in conformance with and further implements the goals and policies of the Brentwood General Plan.

WHEREAS, the annexation area is located within area covered by the scope of the EIR for the Vineyards at Marsh Creek Project which was prepared and certified by the City of Brentwood in conformance with the provisions of the California Environmental Quality Act and the land use proposed by this application were included within the scope of issues and analyses discussed in said EIR and, therefore, no further environmental review is deemed to be necessary and a Notice of Determination has been prepared for this annexation in accordance with CEQA Guidelines Section 15153 (b) (5); and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds that each of the foregoing recitals are true and correct:

1. The proposed annexation of approximately 623.92 acres has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

2. Pursuant to Section 15168 (c) and 15162 of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the EIR prepared for the Vineyards at Marsh Creek Project, the Contra Costa Community College site, the John Marsh House site, and adjacent public lands. Therefore, no further environmental review is deemed necessary and the City Council hereby incorporates Planning Commission Resolution No. 04-17 by reference.

3. The City Council further finds that no significant new information within the meaning of the Public Resources Code Section 21092 and CEQA Guidelines Sections 15088.5 and 15162 has been presented to the City which would necessitate recirculation of the EIR for further public review, or which would require the City to prepare a supplemental or subsequent EIR.

4. The proposed annexation reflects a logical extension of the City’s corporate boundaries.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood takes the following actions:

1. Pursuant to Section 57000 et. Seq. of the Government Code, the City Council of the City of Brentwood authorizes initiating annexation Application No. A 02-01 to LAFCO annexing approximately 623.92 acres generally bounded on the north by the existing City limits, on the south and east by the State Park and on the southeast by a portion of Marsh Creek Road, as reflected by the attached Annexation Map, and;

2. This request for a change of organization is instituted by the City of Brentwood. All notices to this proceeding should be sent to the City Clerk, 150 City Park Way, Brentwood, CA 94513, and;

3. Annexation of the property does not assure immediate availability of necessary public facilities and services. Development will not be allowed to occur until the City is assured that adequate facilities and services are available to serve development of the property pursuant to Chapter 17.805 of the Municipal Code, and;

4. The City of Brentwood and County of Contra Costa have previously negotiated a property tax exchange agreement for the division of property taxes, accruing from territory annexed to the City, in accordance with Part 0.5 (commencing with Sec. 95), Division 1 of the Revenue and Taxation Code of the State of California. If further negotiations are required, the City Manager of the City of Brentwood, or his/her designated representative, is hereby authorized and directed to undertake such negotiations.

5. The City Clerk shall cause a certified copy of this resolution to be filed with the Executive Officer of the Contra Costa County Local Agency Formation Commission.

THE FOREGOING RESOLUTION was approved and adopted at a regular meeting of the Brentwood City Council on the 13th day of April, 2004, by the following vote:

Exhibits:
A. Legal Description
B. Map
CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING RESOLUTION NO. 2004-84, INITIATING AN APPLICATION TO THE CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND EAST CONTRA COSTA IRRIGATION DISTRICT FOR ANNEXATION NO. 02-01 REFFERRED TO AS THE VINEYARDS AT MARSH CREEK PROJECT, THE CONTRA COSTA COUNTY COMMUNITY COLLEGE SITE AND THE JOHN MARSH HOUSE SITE, LOCATED AT THE CURRENT TERMINOUS OF FAIRVIEW AVENUE AND CONCORD AVENUE, WEST OF MARSH CREEK, EAST AND NORTH OF THE NEW STATE PARK ON THE FORMER COWELL RANCH CONSISTING OF APPROXIMATELY 624 ACRES

WHEREAS, the City of Brentwood desires to initiate proceedings to the Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing with Section 56000 of the California Government Code, and;

WHEREAS, the applicant has applied for approval of an annexation of approximately 624 acres, and;

WHEREAS, the reasons for this proposed annexation are as follows:

4. This annexation is a logical and reasonable extension of the corporate limits of the City of Brentwood, as it includes a portion of the City’s southern Sphere of Influence adjacent to existing City limit boundary lines.

5. It is a desire of the applicant to annex to the City of Brentwood at this time in order to obtain municipal services and eventual development of their property in conformance with the General Plan of the City of Brentwood.

6. The proposal is in conformance with and further implements the goals and policies of the Brentwood General Plan.

WHEREAS, the annexation area is located within area covered by the scope of the EIR for the Vineyards at Marsh Creek Project which was prepared and certified by the City of Brentwood in conformance with the provisions of the California Environmental Quality Act and the land use proposed by this application were included within the scope of issues and analyses discussed in said EIR and, therefore, no further environmental review is deemed to be necessary and a Notice of Determination has been prepared for this annexation in accordance with CEQA Guidelines Section 15153 (b) (5); and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds that each of the foregoing recitals are true and correct:

5. The proposed annexation of approximately 623.92 acres has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

6. Pursuant to Section 15168 ( c) and 15162 of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the EIR prepared for the Vineyards at Marsh Creek Project, the Contra Costa Community College site, the John Marsh House site, and adjacent public lands. Therefore, no further environmental review is deemed necessary and the City Council hereby incorporates Planning Commission Resolution No. 04-17 by reference.

7. The City Council further finds that no significant new information within the meaning of the Public Resources Code Section 21092 and CEQA Guidelines Sections 15088.5 and 15162 has been presented to the City which would necessitate recirculation of the EIR for further public review, or which would require the City to prepare a supplemental or subsequent EIR.

8. The proposed annexation reflects a logical extension of the City’s corporate boundaries.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood takes the following actions:

6. Pursuant to Section 57000 et. Seq. of the Government Code, the City Council of the City of Brentwood authorizes initiating annexation Application No. A 02-01, including the annexation of the Vineyards at Marsh Creek Project, the Contra Costa Community College site and the John Marsh House site to East Contra Costa Irrigation District, to LAFCO annexing approximately 623.92 acres generally bounded on the north by the existing City limits, on the south and east by the State Park and on the southeast by a portion of Marsh Creek Road, as reflected by the attached Annexation Map, and;

7. This request for a change of organization is instituted by the City of Brentwood. All notices to this proceeding should be sent to the City Clerk, 150 City Park Way, Brentwood, CA 94513, and;

8. Annexation of the property does not assure immediate availability of necessary public facilities and services. Development will not be allowed to occur until the City is assured that adequate facilities and services are available to serve development of the property pursuant to Chapter 17.805 of the Municipal Code, and;

9. The City of Brentwood and County of Contra Costa have previously negotiated a property tax exchange agreement for the division of property taxes, accruing from territory annexed to the City, in accordance with Part 0.5 (commencing with Sec. 95), Division 1 of the Revenue and Taxation Code of the State of California. If further negotiations are required, the City Manager of the City of Brentwood, or his/her designated representative, is hereby authorized and directed to undertake such negotiations.

10. The City Clerk shall cause a certified copy of this resolution to be filed with the Executive Officer of the Contra Costa County Local Agency Formation Commission.

THE FOREGOING RESOLUTION was approved and adopted at a regular meeting of the Brentwood City Council on the 27th day of April, 2004, by the following vote:

Exhibits:
C. Legal Description
D. Map
 

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