City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: September 27, 2005

Subject/Title: Consideration of Resolutions for annexation of territory into Community Facilities District No’s. 2 and 4 (CFD No’s. 2 & 4), and set a date of November 8, 2005, for the Public Hearing.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving Annexation #2 Boundary Map to City of Brentwood Community Facilities District No. 2 (CFD No. 2).

Adopt a Resolution approving Annexation #1 Boundary Map to City of Brentwood Community Facilities District No. 4 (CFD No. 4).

Adopt a Resolution declaring the intent to annex territory to CFD No. 2, levy a special tax in such territory and set a date of November 8, 2005 at 7:00 p.m. for the Public Hearing.

Adopt a Resolution declaring the intent to annex territory to CFD No. 4, levy a special tax in such territory and set a date of November 8, 2005 at 7:00 p.m. for the Public Hearing.

Adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement with Francisco and Associates, Inc. to provide Assessment Engineering Services for Community Facilities District No’s. 2 and 4, in an amount not to exceed $100,000.

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).

On May 14, 2002, by Resolution No. 2544, City Council established the formation of CFD No. 2. In addition, the City Council adopted Resolution No’s. 2545 and 2546, deeming it necessary to incur bonded indebtedness and determining the results of the special mailed ballot election.

On November 12, 2004, by Resolution No. 2004-263, City Council established the formation of CFD No. 4. In addition, the City Council adopted Resolution No’s. 2004-264 and 2004-265, deeming it necessary to incur bonded indebtedness, and determining the results of the special mailed ballot election.

BACKGROUND
The City’s Community Facilities Districts were formed to provide a revenue stream for the financing of an increased number of fire suppression, emergency medical services (EMS), police and public safety personnel, for the maintenance and operation of flood and storm drainage services, for the purchasing and maintenance of open space, for joint use school facilities and services, library services, roadway rehabilitation and utility undergrounding facilities.

This funding is collected by the levying of an annual special tax on all new development and the City currently requires all new parcels, as a condition of development, to annex into a CFD and subsequently pay the annual CFD Tax.

The maximum special tax rates for CFD No’s. 2 and 4 were previously set during formation of the Districts (shown below). 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 2005-06 Special Tax Rate would be $7,803.00 per acre ($5,202.00/acre x 1.50).

2 For FY 2005-06 and on, the Facilities Special Tax Rate for Single Family, Condominium, Multi-Family, and Rural parcels shown in the table above will be increased two (2.00%) percent compounded annually, per Government Code § 53321.

3 For FY 2005-06 and on, the Services Special Tax Rate for Single Family, Condominium, Multi-Family, and Rural parcels shown in the table above will be increased by the Consumer Price Index for San Francisco Bay Area Urban Wage Earners (from June 2004) with a minimum of two (2.00%) percent and a maximum of five (5.00%) percent compounded annually for any given year.

4 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 FY2005-06 and on, the Facilities and Services Special Tax Rate 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 2004) with a minimum of two (2.00%) percent compounded annually


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 2005-06 Special Tax Rate would be $1,685.43 per acre ($1,123.62/acre x 1.50).

2 For FY 2005-06 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 2005-06 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 the Annexations are shown as Exhibits “A” to the attached Resolutions. All new development, with the exception of a portion of the Vineyards residential project, is being annexed into the most current CFD No. 4. The Vineyards project has a previously approved and recorded Development Agreement with the City of Brentwood that limits the annual special tax applied to their senior affordable housing units, these units will be contributing to the City facilities and services by annexing into CFD No. 2 and paying the special tax as outlined in the Development Agreement.

Special Taxes must be approved by a two-thirds majority of the qualified voters returning ballots. Future annexations are anticipated for the CFDs; 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 within the annexation boundaries; therefore, the election of qualified voters will be conducted by a property owner vote based upon their proportionate parcel acreage.

Each of the property owners within the annexation boundaries will be sent a “Waiver and Consent” form which will allow the City to shorten minimum time requirements relative to annexation procedures and will also receive a special election ballot. Prior to the Public Hearing on November 8, 2005, all 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 #2 to CFD No. 2 and Annexation #1 to CFD No. 4 and levying of the special tax, the City is then able to levy the special tax relative to the newly annexed parcels for Fiscal Year 2005-06 and on.

FISCAL IMPACT
Annexation of property will provide approximately an additional $2,525,000 in revenue for listed Community Facilities District facilities and services on an annual basis, once development occurs. Funds are deposited with the City by the Developers to cover costs associated with the annexation of property into the CFDs.

Attachments:
Consolidated CFD Map
Resolution Approving Annexation #1 Boundary Map to CFD No. 4
Annexation #1 Boundary Map
Resolution Approving Annexation #2 Boundary Map to CFD No. 2
Annexation #2 Boundary Map
Resolution Declaring Intent to Annex Territory to CFD No. 2
Resolution Declaring Intent to Annex Territory to CFD No. 4
List of Parcels to be Annexed
Resolution Authorizing Execution of a Professional Services Agreement
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING ANNEXATION #1 BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO. 4.

(Annexation No. 1)

WHEREAS, a map entitled “Annexation #1 Boundary Map of Community Facilities District No. 4, 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; and

WHEREAS, the Annexation #1 Boundary Map cross-references the map entitled, “Amended Boundaries of Community Facilities District No. 4, City of Brentwood, County of Contra Costa, State of California,” filed for record in the office of the County of Contra Costa Recorder on November 12, 2004, in Book 77 of Maps of Assessment and Community Facilities Districts at page 4.

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. 4, 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 on the 27th day of September 2005 by the following vote:

CLERK’S CERTIFICATE
I, Margaret Wimberly, 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 27th day of September 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: Councilmembers
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.

_________________________________________
Margaret Wimberly, CMC, City Clerk
City of Brentwood

RESOLUTION NO.

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 4, LEVY A SPECIAL TAX IN SUCH TERRITORY AND SET THE DATE OF THE PUBLIC HEARING FOR NOVEMBER 8, 2005.

(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. 4, City of Brentwood, County of Contra Costa, State of California (“CFD No. 4”);

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 September 27, 2005, 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. 4.

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. 4 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. 4, under the rate and method of apportionment contained in the Resolution of Formation No. 2004-263, adopted by the City Council on November 9, 2004. 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. 4 is contemplated by these proceedings either as it pertains to the area already within CFD No. 4 or as it pertains to the area to be annexed to CFD No. 4.

Section 5. The City Council hereby sets Tuesday, November 8, 2005, 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. At that hearing, the testimony of all interested persons for or against the foregoing annexation of territory to CFD No. 4 or the foregoing levy of special taxes within the area proposed to be annexed to CFD No. 4 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. 4, 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. 4, 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. 4 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. 4 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. 4 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. 4 and authorizing the levy of special taxes of CFD No. 4 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 on the 27th day of September 2005 by the following vote:

EXHIBIT “A”

LIST OF PARCELS TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 4
CITY OF BRENTWOOD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA

Assessor’s Parcel Nos.

CLERK’S CERTIFICATE
I, Margaret Wimberly, 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 27th day of September 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: Councilmembers
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.
_________________________________________
Margaret Wimberly
City Clerk, City of Brentwood

(SEAL)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING ANNEXATION #2 BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO. 2

(Annexation No. 2)

WHEREAS, a map entitled “Annexation #2 Boundary Map of Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California” (the “Annexation #2 Boundary Map”) has been filed with the City Clerk of the City of Brentwood; and

WHEREAS, the Annexation #2 Boundary Map cross-references the map entitled, “Annexation #1 Boundary Map of Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California,” filed for record in the office of the County of Contra Costa Recorder on November 5, 2002, in Book 72 of Maps of Assessment and Community Facilities Districts at page 45.

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 #2 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. 2, City of Brentwood, County of Contra Costa, State of California (Exhibit “A”).

Section 3. The City Council finds that the Annexation #2 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 #2 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 on the 27th day of September 2005 by the following vote:

CLERK’S CERTIFICATE
I, Margaret Wimberly, 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 27th day of September 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: Councilmembers
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.
_________________________________________
Margaret Wimberly
City Clerk, City of Brentwood
(SEAL)

RESOLUTION NO.

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2, LEVY A SPECIAL TAX IN SUCH TERRITORY AND SET THE DATE OF THE PUBLIC HEARING FOR NOVEMBER 8, 2005.

(Annexation No. 2)

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. 2, City of Brentwood, County of Contra Costa, State of California (“CFD No. 2”);

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 #2 Boundary Map approved by the City Council’s Resolution No. ________, adopted on September 27, 2005, 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. 2.

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. 2 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. 2, under the rate and method of apportionment contained in the Resolution of Formation No. 2544 adopted by the City Council on May 14, 2002. 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. 2 is contemplated by these proceedings either as it pertains to the area already within CFD No. 2 or as it pertains to the area to be annexed to CFD No. 2.

Section 5. The City Council hereby sets Tuesday, November 8, 2005, 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. At that hearing, the testimony of all interested persons for or against the foregoing annexation of territory to CFD No. 2 or the foregoing levy of special taxes within the area proposed to be annexed to CFD No. 2 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. 2 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. 2 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. 2 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. 2 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. 2 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. 2 and authorizing the levy of special taxes of CFD No. 2 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 on the 27th day of September 2005 by the following vote:

EXHIBIT “A”

LIST OF PARCELS TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2
CITY OF BRENTWOOD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA

Assessor’s Parcel Nos.

CLERK’S CERTIFICATE
I, Margaret Wimberly, 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 27th day of September 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: Councilmembers
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.
_________________________________________
Margaret Wimberly
City Clerk, City of Brentwood
(SEAL)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FRANCISCO AND ASSOCIATES, INC. TO PROVIDE ASSESSMENT ENGINEERING SERVICES FOR COMMUNITY FACILITIES DISTRICT NOS. 2 AND 4, IN AN AMOUNT NOT TO EXCEED $100,000.

WHEREAS, on May 14, 2002, by Resolution No. 2544, City Council established the formation of CFD No. 2. and the City Council also adopted Resolution No’s. 2545 and 2546, deeming it necessary to incur bonded indebtedness and determining the results of the special mailed ballot election; and

WHEREAS, on November 12, 2004, by Resolution No. 2004-263, City Council established the formation of CFD No. 4 and the City Council also adopted Resolution No’s. 2004-264 and 2004-265, deeming it necessary to incur bonded indebtedness, and determining the results of the special mailed ballot election; and

WHEREAS, additional development projects are conditioned to annex into the Community Facilities Districts; and

WHEREAS, this contract will provide the City the professional services required for annexing property into the Community Facilities Districts including preparing and recording Amended Boundary Maps and balloting property owners as required by The Community Facilities Act of 1982, Government Code § 53311; and

WHEREAS, due to their existing experience and positive working relationship with City, staff requested a proposal from Francisco and Associates, Inc. for the work contemplated by this resolution.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby authorizes the City Manager to execute a Professional Services Agreement with Francisco and Associates, Inc. to provide Assessment Engineering Services for Community Facilities District No’s. 2 and 4, in an amount not to exceed $100,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of September 2005 by the following vote:
 

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