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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: May 10, 2005

Subject/Title: Adopt various Resolutions to initiate proceedings for the formation of CIFP 2005-1 and Assessment District No. 2005-1 and setting the date of July 12, 2005, for the Assessment District Formation public hearing.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution appointing an Underwriter, Bond Counsel, Engineer of Work and approving deposit and reimbursement agreements for CIFP 2005-1 and Assessment District No. 2005-1.

Adopt a Resolution declaring official intent to reimburse certain expenditures from proceeds of indebtedness.

Adopt a Resolution of Intention to order improvements in Assessment District No. 2005-1 and approving the proposed Boundary Map.

Adopt a Resolution preliminarily approving the Engineer’s Report and setting a date of July 12, 2005 at 7:00 p.m. for Public Hearing of Protest and providing for property owner assessment ballots for Assessment District No. 2005-1.

PREVIOUS ACTION
The City Council has approved various actions for formations of previous years’ CIFP’s and Assessment Districts.

On March 14, 2005, the City held the Developer/Property Owners’ meeting to discuss the CIFP/Assesment District 2005-1.

BACKGROUND
The Capital Improvement Financing Plan (CIFP) is a financing mechanism that is used to fund infrastructure improvements necessary to support the development of the City. Residential and commercial developers participate in the CIFP by either prepaying their facility fees prior to recordation of the final map, or participating in the Assessment District to finance these fees. The Assessment District will sell bonds against property to be developed in the future to provide revenue for the construction of needed infrastructure with the City acting as the custodian to disperse funds after the improvements are completed.

Staff has had meetings with the development community related to the development of this Assessment District formation. The development community has been very involved during the preparation of the attached Preliminary Engineer’s Report.

The City of Brentwood has a long history of utilizing Assessment District (AD) financing to assist in the funding of master-planned infrastructure. The following developers and landowners have requested the preparation of Capital Improvement Financing Plan (CIFP) 2005-1 and the formation of Assessment District No. 2005-1, to assist in funding the facilities included in the CIFP report. All properties are also shown on the attached Proposed Boundary Map.

The developers and owners included in this CIFP and AD include:

1. Pinn Brothers, Subdivision No. 8729
2. West Coast Home Builders, Subdivision No. 8506
3. D.R. Horton/Western Pacific Housing, Subdivision No. 8854
4. Meritage Homes, Subdivision No. 8875
5. The Mark Pringle Co./Ashford Park II Investors, Subdivision No. 8763
6. Shea Homes, Trilogy Vineyards, Subdivision No. 8796

This year the Assessment District option has been extended to existing property owners as well as the development community. Walnut Acres Mobile Home Park has chosen to participate to finance their share of Walnut Boulevard frontage improvements per a previously approved Deferred Improvement Agreement. The Mobile Home Park is able to finance their contribution requirement as the City prepares for the Walnut Boulevard Widening, CIP Project No. 336-3056. Fourteen existing residents are also participating to finance their water and sewer facility fees as development brings City utilities to their neighborhood.

Facility fees and potential fee credits have been incorporated into the CIFP and Engineer’s Report so the City and the developers have a firm understanding of all associated financial implications of this district.

The resolutions submitted for approval with this report are the initial actions required by the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 (Divisions 12 and 10 of the Streets and Highways Code) to start the process of formation of CIFP 2005-1 and Assessment District No. 2005-1. This CIFP includes 2,076 single-family residential lots, 11 mobile home park acres and 28 commercial winery acres.

This CIFP will provide approximately $45,000,000 for the construction of capital improvements. This is done through the prepayment of facility fees and financing for the following developer constructed infrastructure projects:

Fairview Avenue, south of Concord Avenue
John Muir Parkway
Concord Avenue realignment
Water and wastewater facilities required to serve the Vineyards Project
Sand Creek Road, west of the Highway 4 Bypass
O’Hara Avenue, north of Grant Street
Central Boulevard, UPRR tracks west to Dainty Avenue
Walnut Boulevard, north of Balfour Road

FISCAL IMPACT
There will not be any fiscal impacts to the City associated with this district as the participating developers have each provided $5,000 deposits to cover costs incurred during the formation of the CIFP. All future administrative costs to the City will be covered by the Assessment District once it is formed.

Attachments:
Proposed Boundary Map
Resolutions (4)
Form of Deposit and Reimbursement Agreement
Form of Notice of Public Hearing
Form of Property Owner Ballot
Preliminary Engineer's Report

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPOINTING AN UNDERWRITER, BOND COUNSEL, AND ENGINEER OF WORK AND APPROVING DEPOSIT AND REIMBURSEMENT AGREEMENTS FOR CIFP 2005-1 AND ASSESSMENT DISTRICT NO. 2005-1.

WHEREAS, the City of Brentwood (the “City”) has determined to commence proceedings for its Capital Improvement Financing Plan 2005-1 (“CIFP 2005-1”); and

WHEREAS, the City Council has determined to undertake certain proceedings toward the establishment of an Assessment District pursuant to the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code) to be named “Assessment District No. 2005-1, City of Brentwood, County of Contra Costa, State of California” (hereinafter, the “Assessment District”) for the purposes of acquiring and/or constructing certain public improvements in said Assessment District and to issue bonds secured by the unpaid assessments to be levied in the Assessment District pursuant to the Improvement Bond Act of 1915 (Division 10 of the California Streets and Highways Code); and

WHEREAS, a Deposit and Reimbursement Agreement between the City and each of the developers (hereinafter the “Developer,” as defined in each of the Deposit and Reimbursement Agreements), dated as of May 1, 2005, is on file with the City Clerk and presented to this meeting; and

WHEREAS, the City now desires to appoint the members of the financing team to enable the City to pursue said proceedings and financing.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the following:

Section 1. The foregoing recitals are true and correct, and this City Council so finds and determines.

Section 2. The City hereby determines to undertake proceedings for CIFP 2005 1 and hereby directs the City Engineer to prepare and present to this Council a CIFP 2005-1 report.

Section 3. The City hereby determines to undertake proceedings pursuant to the Municipal Improvement Act of 1913 for the acquisition and/or construction of public improvements in the Assessment District and hereby directs the City Manager, City Treasurer, Director of Finance and Information Systems, City Engineer, City Attorney, and all other officers and employees of the City to prepare or cause to be prepared proceedings to accomplish same and to submit same to the City for consideration at the earliest practical opportunity.

Section 4. The firm of RBC Dain Rauscher is hereby appointed Underwriter for said financing in accordance with an existing agreement between the City and RBC Dain Rauscher, a copy of which is on file with the City Clerk.

Section 5. The firm of Orrick, Herrington & Sutcliffe LLP is hereby appointed Bond Counsel for said financing in accordance with that certain agreement on file with the City Clerk and presented to this meeting (the “Legal Agreement”). The City Manager is hereby authorized and directed to execute and deliver the Legal Agreement.

Section 6. The City Engineer of the City is hereby appointed Engineer of Work for the Assessment District and is hereby authorized and directed to do and perform all assessment engineering work necessary in and for said Assessment District proceedings, including the preparation of a map of the Assessment District and the descriptions of the public improvements to be acquired and/or constructed, together with estimates of costs thereof, an assessment diagram, an assessment roll, and the method of spread of the assessments, all as required and described in Section 10204 of the California Streets and Highways Code.

Section 7. The Deposit and Reimbursement Agreements, dated as of May 1, 2005, by and between the City and the respective Developers within the proposed CIFP 2005 1, are hereby approved. The City Manager is hereby authorized and directed to execute and deliver the Deposit and Reimbursement Agreements.

Section 8. This resolution shall take effect immediately upon its passage.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 10th day of May 2005 by the following vote:

CLERK’S CERTIFICATE

I, Cynthia Garcia, Interim 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 10th day of May, 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 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: _______________, 2005
________________________________________
Cynthia Garcia,
Interim City Clerk, City of Brentwood
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS.

WHEREAS, the City of Brentwood (the "City") intends to acquire and/or construct certain public improvements (the “Project”) in its Assessment District No. 2005-1 as described in Exhibit “A” attached hereto; and
WHEREAS, the City expects to pay certain expenditures (the "Reimbursement Expenditures") in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the project on a long-term basis; and
WHEREAS, the City reasonably expects that debt obligations in an amount not expected to exceed $45,000,000, will be issued and that certain of the proceeds of such debt obligations will be used to reimburse the reimbursement expenditures.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby find, determine and resolve as follows:

Section 1. The foregoing recitals are true and correct, and this City Council so finds and determines.
Section 2. This declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the United States Treasury Regulations. This declaration does not bind the City to make any expenditure, incur any indebtedness, or proceed with the project.
Section 3. The City hereby declares its official intent to use proceeds of indebtedness to reimburse itself for reimbursement expenditures.
Section 4. 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 10th day of May 2005 by the following vote:

EXHIBIT A

ASSESSMENT DISTRICT NO. 2005-1
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
Description of Improvements

[Attach Exhibit A of Preliminary Engineer’s Report]

CLERK'S CERTIFICATE
I, Cynthia Garcia, Interim 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 10th the day of May, 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:
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: __________, 2005
__________________________________
Cynthia Garcia,
Interim City Clerk, City of Brentwood

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD OF INTENTION TO ORDER IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 2005-1 AND TO APPROVE THE PROPOSED BOUNDARY MAP.

WHEREAS, under the authority of the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), this Council intends to order the acquisition and/or construction of the improvements described in Exhibit “A”, attached hereto and by this reference incorporated herein, all of which are situated within the proposed Assessment District No. 2005-1, City of Brentwood, County of Contra Costa, State of California; and
WHEREAS, this Council finds that the land specially benefited by the improvements is shown within the boundaries of the map entitled, "Proposed Boundary Map of Assessment District No. 2005-1, City of Brentwood, County of Contra Costa, State of California”, a copy of which is on file with the City Clerk. The land within the exterior boundaries shown on the map shall be designated “Assessment District No. 2005-1, City of Brentwood, County of Contra Costa, State of California”; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby find, determine and resolve as follows:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.
Section 2. This City Council approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed Assessment District to be known as Assessment District No. 2005-1, City of Brentwood, County of Contra Costa, State of California.
Section 3. This City Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code.
Section 4. This City Council directs the City Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts.
Section 5. This Council intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvements.
Section 6. Where any disparity occurs in level or size between the improvements and private property, this Council determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner.
Section 7. This City Council intends to enter into an agreement with any appropriate public agency or utility company, under the provisions of Section 10109 and following of the Streets and Highways Code, to the extent that the work and improvements to be undertaken will include facilities which are to be under the ownership, management and control of such public agency or utility company.
Section 8. This City Council intends, pursuant to subparagraph (f) of Section 10204 of the California Streets and Highways Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the City and not otherwise reimbursed to the City which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.
Section 9. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not to exceed twenty-nine (29) years from the second day of September next succeeding twelve (12) months from their date.
Section 10. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1, Division 10, of the Streets and Highways Code of the State of California.
Section 11. The City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds.
Section 12. This City Council intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Part 7.5 of Division 4 of the California Streets and Highways Code. The Engineer of Work is directed to include in the written engineer's report all of the information required by Section 2961 of the California Streets and Highways Code.
Section 13. This City Council appoints the City Engineer of the City as Engineer of Work for this project, and directs the preparation of the report containing the matters required by Section 10204 of the Streets and Highways Code, as supplemented by Section 4 of Article XIIID of the California Constitution.
Section 14. The amount of any surplus remaining in the improvement fund after completion of the improvements and payment of all claims shall be distributed in accordance with the provisions of Section 10427.1 of the Streets and Highways Code.
Section 15. This resolution shall take effect immediately upon its passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 10th day of May 2005 by the following vote:

EXHIBIT A

ASSESSMENT DISTRICT NO. 2005-1
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
Description of Improvements

[Attach Exhibit A of Preliminary Engineer’s Report]

CLERK’S CERTIFICATE

I, Cynthia Garcia, Interim 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 10th day of May, 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:

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: _______________, 2005


__________________________________
Cynthia Garcia,
Interim City Clerk, City of Brentwood

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD PRELIMINARILY APPROVING THE ENGINEER’S REPORT, SETTING THE DATE FOR PUBLIC HEARING OF PROTESTS AND PROVIDING FOR PROPERTY OWNER ASSESSMENT BALLOTS FOR ASSESSMENT DISTRICT NO. 2005-1.

WHEREAS, at the direction of this City Council, the City Engineer of the City of Brentwood, as Engineer of Work for improvement proceedings in Assessment District No. 2005 1, City of Brentwood, County of Contra Costa, State of California, has filed with the City Clerk the report described in Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913, hereafter in this resolution referred to as “the Act”), and containing the matters required by Article XIIID of the California Constitution (“Article XIIID”), and it is appropriate for this Council to preliminarily approve said report and to schedule the public hearing of protests respecting said report. A brief description of the public improvements as described in said report is attached hereto as Exhibit “A”.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby find, determine and resolve as follows:

Section 1. The foregoing recital is true and correct, and the City Council so finds and determines.
Section 2. This Council preliminarily approves the report without modification, for the purpose of conducting a public hearing of protests as provided in the Act, Article XIIID, and Section 53753 of the California Government Code. Said report shall stand as the report for the purpose of all subsequent proceedings under the Act and Section 53753, except that it may be confirmed, modified, or corrected as provided in the Act.
Section 3. This Council hereby sets 7:00 o’clock p.m. or as soon thereafter as the matter may be heard, on July 12, 2005, in the Council Chambers at 734 Third Street, Brentwood, California 94513, as the time and place for a public hearing of protests to the proposed public improvements, the proposed levy of assessments, the amounts of individual assessments, and related matters as set forth in said report, and any interested person may appear and object to said public improvements, or to the extent of said Assessment District or to said proposed assessment.
Section 4. The City Clerk is hereby directed to cause a notice of said public hearing to be given by mailing notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753, and upon the completion of the mailing of said notices and assessment ballots, the City Clerk is hereby directed to file with the Council an affidavit setting forth the time and manner of the compliance with the requirements of law for mailing said notices and assessment ballots.
Section 5. Balwinder Grewal, City Engineer of the City of Brentwood, 150 City Park Way, Brentwood, California 94513, telephone (925) 516-5420, is hereby designated to answer inquiries regarding the protest proceedings.
Section 6. This resolution shall take effect immediately upon its passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 10th day of May 2005 by the following vote:

EXHIBIT A
ASSESSMENT DISTRICT NO. 2005-1
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA

Description of Improvements

[Attach Exhibit A of Preliminary Engineer’s Report]

CLERK’S CERTIFICATE

I, Cynthia Garcia, Interim 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 10th day of May, 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:

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: _______________, 2005
__________________________________
Cynthia Garcia,
Interim City Clerk, City of Brentwood

CITY OF BRENTWOOD
(CIFP 2005-1 AND ASSESSMENT DISTRICT NO. 2005-1)

DEPOSIT AND REIMBURSEMENT AGREEMENT

By and Between

CITY OF BRENTWOOD

and

[NAME OF DEVELOPER]

Dated as of May 1, 2005

DEPOSIT AND REIMBURSEMENT AGREEMENT
City of Brentwood
(CIFP 2005-1 and Assessment District No. 2005-1)

Recitals
B. The parties to this agreement are the CITY OF BRENTWOOD, a California general law city (the “City”), and [NAME OF DEVELOPER] (the “Developer”).
C. The effective date of this agreement shall be May 1, 2005.
D. The Developer has requested the City to prepare a capital improvement financing plan (“CIFP 2005-1”) for public improvements related to the development of the Developer’s property and other property located in the City and owned by other developers.
E. The Developer has requested the City to implement special assessment proceedings for the purposes of establishing an Assessment District to finance certain public improvements in CIFP 2005-1, said proceedings to be taken pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), and to issue and sell limited obligation improvement bonds of the City upon the security of the unpaid special assessments levied and recorded against certain real property which the Developer has acquired or is in the process of acquiring and developing in accordance with CIFP 2005-1.
F. In the event the City is able to accomplish sale and delivery of the limited obligation improvement bonds, pursuant to the Improvement Bond Act of 1915 (Sections 8500 and following, Streets and Highways Code) (hereafter the “1915 Act Bonds”), the City intends to utilize the proceeds of sale thereof pursuant to the terms and conditions of this agreement to (1) reimburse the Developer for the deposit required by this agreement and (2) acquire the completed public improvements from the Developer, all in accordance with and subject to the terms and conditions of this agreement.
G. In consideration for the mutual undertakings of the parties stated herein, the parties agree as follows.
Agreement
Section 1. The foregoing recitals are true and correct, and the parties expressly so acknowledge.
Section 2. Forthwith upon approval of this agreement by the City Council of the City and execution hereof by the authorized representatives of the parties, the Developer will deposit with the City $5,000 into a special fund to be established and maintained by the City and to be known as the “Assessment District No. 2005-1 Improvement Fund.” The City is authorized to disburse amounts from said fund, from time to time, to pay preliminary and incidental costs and expenses incurred by the City in connection with the City’s proceedings to implement the proposed CIFP 2005-1 and Assessment District No. 2005-1 as requested by the Developer. Without limiting the generality of the foregoing, the City may disburse amounts from said fund to other appropriate funds or accounts of the City to reimburse the City for the reasonable cost of staff time devoted to said proceedings, as well as to pay third party invoices from consultants retained by the City to assist the City in the implementation of the proposed CIFP 2005-1 and Assessment District No. 2005-1.
In the event that the balance in said fund is drawn down to an amount of less than $1,000, the City may notify the Developer of such fact, and the Developer shall forthwith provide the City with an additional deposit of $1,000 to assure the continued availability of funds for the payment of such preliminary expenses.
Section 3. Upon receipt of a written engineer’s report prepared in accordance with and containing the matters required by Section 10204 of the Streets and Highways Code, the City agrees to proceed with all due diligence in conducting and completing the legal proceedings pursuant to the Municipal Improvement Act of 1913, leading to recording of the special assessments levied upon the various parcels of land of the Developer as foreclosable liens upon such parcels. The City Engineer, as the Engineer of Work for said legal proceedings, shall be instructed to include in the incidental expenses listed in the cost estimate in the written engineer’s report an amount estimated to be sufficient to reimburse the Developer for the full amount of the deposits made and to be made by the Developer pursuant to this agreement.
Section 4. The City shall proceed with all due diligence to accomplish issuance and sale of the 1915 Act Bonds upon the security of the recorded assessments to accomplish the authorized purposes of Assessment District No. 2005-1, including but not limited to reimbursement to the Developer for its deposit or deposits pursuant to this agreement and to acquire the completed work and improvements from the Developer upon completion; it being expressly understood that the City has no obligation to proceed with such acquisition until the subject work and improvements have been fully completed to the satisfaction of the City, as determined by the City Engineer of the City or his designee, in the sole discretion of such person, such discretion not to be exercised arbitrarily or unreasonably.
Section 5. The City agrees to use its best efforts to accomplish a public offering and sale of the proposed 1915 Act Bonds, it being understood that the City intends to accomplish such offering and sale through a negotiated sale to RBC Dain Rauscher Inc., San Francisco, California. To enable the City and RBC Dain Rauscher Inc. to prepare an Official Statement to be utilized in connection with RBC Dain Rauscher Inc.’s public offering of the proposed 1915 Act Bonds, the Developer agrees to provide such financial information, development program information, title reports, appraisal reports, and such other information as RBC Dain Rauscher Inc. may consider material in connection with preparing the Official Statement and determining feasibility and structure of the proposed 1915 Act Bond issue. Such reports and information shall be provided to the City and to RBC Dain Rauscher Inc. at no cost to either, and the actual cost and expense of the Developer shall be eligible for reimbursement from bond sale proceeds, provided that sufficient allowance has been made in the cost estimate and bond sale for that purpose.
Section 6. Prior to the issuance or sale of the bonds, the City and the Developer shall enter into an acquisition agreement setting forth, among other things, the terms upon which the City will acquire said improvements.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized representatives as of the effective date stated above.
CITY OF BRENTWOOD

By
City Manager

[NAME OF DEVELOPER]

By

Print Name

Title

City of Brentwood
Assessment District No. 2005-1

Notice of Public Hearing and Assessment Ballot Procedure

Pursuant to the provisions of the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code; hereafter referred to as the “1913 Act”), Section 53753 of the California Government Code, and Section 4 of Article XIIID of the California Constitution, the City of Brentwood (the “City”) hereby gives notice as follows:
1. At 7:00 p.m. on July 12, 2005, in the Council Chambers of the City Council of the City at 734 Third Street, Brentwood, California 94513, said City Council (the “City Council”) will hold a public hearing respecting the proposed Assessment District No. 2005-1 (the “Assessment District”) to hear and consider objections and protests respecting (a) the public improvement project which is being financed with special assessments to be levied upon benefited parcels of land within the Assessment District, (b) the extent of the Assessment District, (c) the estimated cost and expense of the project, (d) the amounts of the assessments proposed to be levied upon the benefited parcels, and (e) the method or formula by which benefit has been estimated and any other aspect of the proposed Assessment District to which any interested person may want to object or protest.
2. The public improvements and the incidental costs and expenses of improvement project design and implementation, legal proceedings, and bond financing which are the subject of the proposed Assessment District are described in the Engineer’s Report for the proposed Assessment District on file with the City Clerk (the “Clerk”), at 150 City Park Way, Brentwood. The estimated cost and expense to be assessed to the benefited parcels also includes related engineering expenses, fees for various professional services related to formulation and implementation of the Assessment District, and costs of issuance respecting the proposed tax-exempt improvement bonds. Interested persons are referred to the Clerk’s office to examine the Engineer’s Report for further information on the details of the public improvements and the estimated cost and expense.
3. A brief description of the public improvements is attached hereto as Exhibit A. The present best estimate of the total cost and expense of the proposed project and related assessment proceedings and bond financing and therefore the total amount to be assessed against the benefited parcels, including yours, is approximately $_____________. Please see Exhibit D, Assessment Roll, attached for the amount of the assessment proposed for your parcel or parcels. The reason that an assessment is proposed for your parcel or parcels is that the City Council has determined, preliminarily, that such property is specially benefited by the proposed public improvements. The basis upon which the amount of the proposed assessment was calculated is set forth in Exhibit E of the Engineer’s Report, a copy of which is attached hereto.
Reference is made to Exhibit F of the Engineer’s Report for an Assessment Diagram showing the individual parcels proposed to be assessed.
4. Pursuant to Sections 2960, 2961 and 10200 of the Streets and Highways Code, the City Council intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Part 7.5 of Division 4 of the California Streets and Highways Code.
5. The total principal amount of unpaid assessments already levied against all property proposed to be assessed is $0.00.
6. The City Council intends, pursuant to subparagraph (f) of Section 10204 of the 1913 Act, to authorize an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the City and not otherwise reimbursed to the City which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto, in an amount not to exceed five percent (5.0%) of the annual installment of assessment levied upon each parcel in said Assessment District. This annual assessment shall be in addition to any fee charged pursuant to Sections 8682 and 8682.1 of the Streets and Highways Code.
7. It is the intention of the City Council that any delinquent assessment installment shall be subject to the same penalties and interest as are applicable to general property taxes, and that the Tax Collector of the County of Contra Costa shall collect such penalties with and as a part of such delinquent assessment installments, and all penalties collected shall be deposited into the bond redemption fund for such bonds.
8. Assuming the City Council levies assessments as intended, property owners will be provided an opportunity to pay all or any part of such assessments in cash unless this entitlement is waived in writing by 100% of such property owners. Following the termination of the cash payment period, bonds representing unpaid assessments and bearing interest at a rate not to exceed twelve percent (12.0%) per annum shall be issued by the City Council pursuant to the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not to exceed twenty-nine (29) years from the second day of September next succeeding twelve (12) months from their date. These estimates are subject to change, and the actual duration of payments and interest rate will be determined only at the time of the bond sale.
9. For further particulars, you may refer to the Resolution of Intention and the Engineer’s Report, both of which are on file with the Clerk. Inquiries about the assessment proceedings will be answered by Balwinder Grewal, City Engineer of the City of Brentwood, at (925) 516-5420.
10. As provided by Section 4 of Article XIIID of the California Constitution and Section 53753 of the California Government Code, an Official Property Owner Assessment Ballot has been enclosed with this notice, along with a self-addressed, return envelope by which the assessment ballot may be returned to the Clerk. Please note that this is THE OFFICIAL ASSESSMENT BALLOT and not a sample ballot. No further assessment ballot will be provided to you. This assessment ballot may be used by the owner or owners of any parcel to express either support for or opposition to the proposed assessment. Please see the assessment ballot for instructions respecting the alternatives methods for submitting the ballot either by mail (which may be done using the enclosed envelope but requires the user to provide the required postage) or by personal delivery, either prior to or at the time of the public hearing of protests, including continuations of said public hearing. See enclosed ballot for further instructions.
Immediately following the close of the public hearing of protests, whether on July 12, 2005 or at the conclusion of any continuation of said hearing to a later date or to later dates, the returned assessment ballots will be tabulated, both in support of and in opposition to the assessment, with assessment ballots being weighted in accordance with the amount of the proposed assessment, and the results will be announced; provided that, in the event the Clerk requires opportunity to determine (a) whether any assessment ballot has been properly signed by an owner or authorized representative of an owner or (b) any other matter respecting any assessment ballot and its proper treatment in the assessment ballot procedure, the City Council reserves entitlement to continue the matter of announcing results to provide the Clerk with such opportunity.
In the event that assessment ballots in opposition exceed assessment ballots in support, there will be a “majority protest,” and the City Council will be precluded from proceeding with the proposed assessment.
11. Property owners wishing to preserve the opportunity to file a lawsuit challenging the assessment, if levied, are required by law to file a written protest with the Clerk and to state therein the specific grounds of protest. Any grounds of protest not stated in a written protest filed with the Clerk prior to the close of the public hearing of protests are deemed waived in any subsequent lawsuit and may not be raised in such lawsuit.
DATED: May 12, 2005
Cythia Garcia,
Interim City Clerk, City of Brentwood

Attachments: Exhibit A - Brief Description of Public Improvements
(There are no Exhibits B and C attached)
Exhibit D - Assessment Roll
Exhibit E - Description of Assessment Spread Method
Enclosures: Return Envelope (postage not provided)
Official Property Owner Assessment Ballot

EXHIBIT A

DESCRIPTION OF IMPROVEMENTS

[Attach Exhibit A of Preliminary Engineer’s Report]

EXHIBIT D

ASSESSMENT ROLL

[Attach Exhibit D of Preliminary Engineer’s Report]

EXHIBIT E

DESCRIPTION OF ASSESSMENT SPREAD METHOD

[Attach Exhibit E of Preliminary Engineer’s Report]

CITY OF BRENTWOOD
ASSESSMENT DISTRICT NO. 2005-1
IMPORTANT – OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessment ballot is for the use of the property owner of the parcel identified below, which parcel is located within the proposed City of Brentwood Assessment District No. 2005-1. Please advise Balwinder Grewal, the Engineer of Work for the Assessment District, at (925) 516-5420, if the name set forth below is incorrect or if you are no longer the owner of this parcel.
This assessment ballot may be used to express either support for or opposition to the proposed Assessment District. In order to be counted, this assessment ballot must be signed below by an owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the Clerk in a sealed envelope, either by mail or in person, as follows:
Mail Delivery: If by mail, place ballot in the return envelope provided, affix first class postage, and mail not later than one calendar week prior to July 12, 2005, or any date to which the public hearing scheduled for that date is continued. Mailing later than this deadline creates the risk that the assessment ballot may not be received in time to be counted.
Personal Delivery: If in person, to the Clerk at any time up to 4:30 p.m. on July 12, 2005, or any date to which the public hearing scheduled for that date is continued, at the Clerk’s office at 150 City Park Way, Brentwood, California 94513, or at the protest hearing itself on that date or any continuation thereof at the Council Chambers at 734 Third Street, Brentwood, California 94513.
However delivered, this ballot must be received by the Clerk prior to the close of the public hearing, whether on July 12, 2005, or any date to which the public hearing is continued, to be counted.
TO CAST THIS BALLOT, MARK EITHER “YES” OR “NO” BELOW, WHERE INDICATED, FILL IN THE DATE AND SIGN THE BALLOT, AND THEN INSERT IT IN THE RETURN ENVELOPE AND SEAL BEFORE SUBMITTING IT TO THE CITY CLERK.
OFFICIAL ASSESSMENT BALLOT
Property Owner Name: __________________________________
Assessment No.
__ Parcel No.
________________ Amount of Assessment
$___________

ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of Brentwood establish the proposed Assessment District No. 2005-1, levy an assessment not to exceed the amount set forth above on the parcel identified, issue bonds in the amount of unpaid assessments, and proceed with the proposed public improvement project?

Yes _____

No _____

Date : _______________________________, 2005
Owner Signature : _______________________________________________________
 

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