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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: January 25, 2005

Subject/Title: Adopt a Resolution approving changes and modifications to CIFP 2000-1.

Prepared by: D. Galey, Engineering

Submitted by: B. Grewal, Engineering

RECOMMENDATION
Adopt a Resolution approving changes and modifications to CIFP 2000-1, approving a second amended boundary map and an amended Engineer’s Report, including an amended Assessment Diagram.

PREVIOUS ACTION
On April 25, 2000, City Council approved Resolution No. 2068, appointing an Underwriter, Bond Counsel and Engineer of Work and approving Deposit and Reimbursement Agreements in and for CIFP 2000-1 and Assessment District No. 2000-1 for Grupe Communities, Pulte Home Corporation, Pulte Communities, Beck Properties, DeNova Homes and Martin Land Company.
On August 8, 2000, City Council approved Resolution No. 2128, Declaring Official Intent to Reimburse Certain Expenditures from Proceeds of Indebtedness, Resolution No. 2129, approving the Boundary Map for Assessment District No. 2000-1, Resolution No. 2130, Intention to Order Improvements in Assessment District No. 2000-1 and Approving a Deposit and Reimbursement Agreement and Resolution No. 2131, Preliminarily Approving Engineer's Report and Setting Date of October 10, 2000, for Public Hearing of Protests and Providing for Property Owner Ballots for Assessment District No. 2000-1.

On October 10, 2000, City Council approved Resolution No. 2174, approving Capital Improvement Financing Plan 2000-1, Resolution No. 2175, approving Final Engineer's Report and Assessments, Ordering Acquisition and Construction of Improvements and Levying Assessments, Resolution No. 2176, Determining Significant Public Benefits to the City of Brentwood from the Sale of Local Obligations to the Brentwood Infrastructure Financing Authority; Approving Form and Substance of Trust Agreement and Authorizing Changes Thereto and Execution Thereof; Providing for the Issuance of City of Brentwood Limited Obligation Improvement Bonds, Assessment District No. 2000-1; Approving the Sale of Said Bonds (Which Establishes the Maturities of and Interest Rates on Said Bonds); Approving a Local Obligation Purchase Contract; Approving a Preliminary Official Statement and a Final Official Statement; Approving a Continuing Disclosure Agreement; Approving the form of the Funding, Acquisition and Disclosure Agreements; and authorizing Related Actions and the Execution of Related Documents to Implement the Proposed Financing Plan, with Exhibit “A”.

BACKGROUND
The boundaries of Capital Improvement Financing Plan No. 2000-1, originally included the two City owned parcels on which the Sunset Industrial Complex (SIC) is now located. $1,100,000 was allocated in the CIFP Engineer’s Report as a financing option for construction of improvements necessary to support the new industrial lots, and an Assessment District boundary map was recorded which includes these two parcels. When the CIP budget was approved for SIC, actual project funding came from a combination of Redevelopment Bonds, water and sewer enterprise accounts, and roadway and park facility fees; therefore, it was not necessary to include the $1,100,000 in the 2000-1 Assessment District bond issue. As construction nears completion and the new lots are currently being sold to commercial developers, the recorded boundary map reflects on the title reports of these new lots. This action will remove the lots from the boundaries of the CIFP and clear title for the new owners.

FISCAL IMPACT
There will be no fiscal impact to the City.

Attachments:
Amended Boundary Map
Amended Engineer’s Report with Amended Assessment Diagram
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING CHANGES AND MODIFICATIONS TO CAPITAL IMPROVEMENT FINANCING PLAN NO. 2000-1, APPROVING A SECOND AMENDED BOUNDARY MAP AND AN AMENDED ENGINEER’S REPORT, INCLUDING AN AMENDED ASSESSMENT DIAGRAM.
WHEREAS, the City Council of the City of Brentwood (the “City”), by proceedings duly had and taken, previously provided for the formation of Assessment District No. 2000-1, City of Brentwood, County of Contra Costa, State of California (the “Assessment District”), under and pursuant to the provisions of the Municipal Improvement Act of 1913, (being Division 12 of the California Streets and Highways Code), assessments were levied on the parcels with assessments remaining unpaid; and

WHEREAS, two parcels, namely, Assessor’s Parcels No. 018-200-002 and No. 018-200-008, owned by the City (the “City Parcels”) are included within the Assessment District; and

WHEREAS, the improvements for the City Parcels (the “City Improvements”) benefit only the City Parcels and no other property within the Assessment District and the City Parcels do not benefit from any other improvements within the Assessment District; and

WHEREAS, bonds were issued by the City to finance all the improvements in the Assessment District except the City Improvements which may be financed by an additional series of bonds to be issued by the City; and

WHEREAS, the City has now determined not to issue any additional bonds to finance the City Improvements and has determined to remove the City Parcels from the Assessment District; and

WHEREAS, for the removal of the City Parcels from the Assessment District, the City has determined to conduct change and modification proceedings to (1) amend the boundaries of the Assessment District, and (2) amend the Engineer’s Report, including but not limited to amendments to the description of the improvements, the cost estimate, the assessment roll and the Assessment Diagram; and

WHEREAS, the City Engineer, as Engineer of Work for the Assessment District, has prepared a Second Amended Boundary Map and an Amended Engineer’s Report, including an Amended Assessment Diagram, to incorporate such changes and modifications, which Second Amended Boundary Map and Amended Engineer’s Report, including the Amended Assessment Diagram, are on file with the City Clerk and are presented to the City Council for consideration; and

WHEREAS, no property in the Assessment District other than the City Parcels owned by the City will be affected by these proceedings;

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

Section 1. The foregoing recitals are found and determined to be true and correct.
Section 2. The City Council finds and determines that, since the City Improvements benefit only the City Parcels and no other property within the Assessment District and the City Parcels do not benefit from any other improvements within the Assessment District, the removal of the City Parcels from the Assessment District will not affect any other property within the Assessment District.

Section 3. Pursuant to Section 10350 and following of the California Streets and Highways Code, this City Council hereby orders change and modification proceedings without notice or hearing and approves and confirms the changes and modifications to be made in the Assessment District, as shown in the Second Amended Boundary Map and as described in the Amended Engineer’s Report, including the Amended Assessment Diagram, which Second Amended Boundary Map and Amended Engineer’s Report, including the Amended Assessment Diagram, are hereby approved. The City Clerk is directed to (1) record the Second Amended Boundary Map in the office of the County Recorder of the County of Contra Costa in the Book of Maps of Assessment and Community Facilities Districts, (2) record the Amended Engineer’s Report in the office of the City Engineer, (3) record the Amended Assessment Diagram in office of the County Recorder of the County of Contra Costa in the Book of Maps of Assessment and Community Facilities Districts, and (4) record a Notice of Amended Assessment in the office of the County Recorder of the County of Contra Costa.

Section 4. The City Manager, Director of Finance and Information Systems, City Engineer, City Attorney, City Clerk and any and all other officers, agents and employees of the City are hereby authorized and directed to take any and all actions and execute and deliver any and all documents necessary or convenient to accomplish the purposes of this Resolution.

Section 5. This Resolution shall take effect immediately.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 25th day of January 2005 by the following vote:

CLERK’S CERTIFICATE
The undersigned, City Clerk of the City of Brentwood, does 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 25th day of January, 2005, 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:
NOES:
ABSENT:
ABSTAINED:
An agenda of said meeting was posted at least 72 hours before said meeting at 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: ____________________, 2005

City Clerk of the City of Brentwood
 

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