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CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: July 24, 2007

Subject/Title: Waive second reading and adopt Ordinance No. 844, levying a special tax relating to the City of Brentwood Community Facilities District No. 5.

Prepared by: Debra Galey, Management Analyst

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
Waive second reading and adopt Ordinance No. 844, levying a special tax for Fiscal Year 2007-08 and following fiscal years solely within and relating to the City of Brentwood Community Facilities District No. 5 (“CFD No. 5”).

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.

On May 14, 2002, by Resolution Nos. 2544, 2545 and 2546, City Council established the formation of CFD No. 2.

On June 24, 2003, by Resolution Nos. 2907, 2908 and 2909, City Council established the formation of CFD No. 3.

On November 12, 2004, by Resolution Nos. 2004-263, 2004-264 and 2004-265, City Council established the formation of CFD No. 4.

On April 24, 2007, by Resolution Nos. 2007-76 and 2007-77, City Council initiated the formation of CFD No. 5.

On June 26, 2007, by Resolution Nos. 2007-152, 2007-153 and 2007-154, City Council established the City of Brentwood CFD No. 5, provided for the levy of a special tax, determined the necessity for bonded indebtedness and determined the results of the special election. In addition, City Council introduced Ordinance No. 844, levying a Special Tax for Fiscal Year 2007-08 and following fiscal years solely within and relating to CFD No. 5.

BACKGROUND
Previously, CFD Nos. 2, 3, and 4 were established to levy an annual special tax on all new development within the City to finance the additional facilities and increased services that are necessary as a result of development and increased growth. CFDs provide funding for an increased number of Emergency Services personnel, acquisition and maintenance of public facilities such as libraries, roadways, utility undergrounding and joint use school sites, and the maintenance and operation of flood, storm drainage and open space facilities and services located within the City of Brentwood. The City currently requires all parcels, as a condition of development, to participate within the most current CFD and subsequently contribute to the annual special tax.

CFD No. 5 will require all new development to finance facilities and services included as a part of previous CFDs and at a rate equivalent to previous CFDs, but is also written to include funding for Downtown Civic Core projects as identified in previous Community and Council workshops.

FISCAL IMPACT
CFD No. 5 will provide a steady increase in revenue to a projected $7,500,000 in FY 2024/25. The proposed increase in revenue is due to anticipated new development within the City. After the initial formation of CFD No. 5, it will be required as a Condition of Approval that all new development within the City of Brentwood, both residential and non-residential annex into CFD No. 5, and contribute to the facilities and services provided by the City.

Attachments:
Ordinance No. 844


ORDINANCE NO. 844

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD LEVYING A SPECIAL TAX FOR THE FISCAL YEAR 2007-08 AND FOLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING TO THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 5

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BRENTWOOD:
1. Pursuant to Government Code Sections 53328 and 53340, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit D to the Resolution Establishing the City of Brentwood Community Facilities District No. 5 adopted by the City Council (the “Council”) of the City of Brentwood (the “City”) on June 26, 2007 (the “Resolution”), a special tax is hereby levied on all taxable parcels within the City’s Community Facilities District No. 5, for the 2007-08 fiscal year and for all subsequent fiscal years in the amount of the maximum authorized tax. The amount of special tax levied in each year may be adjusted annually, subject to the maximum authorized special tax limit, by resolution of the Council.
2. The City Engineer and Director of Finance and Information Systems of the City is authorized and directed, with the aid of the appropriate officers and agents of the City, to determine each year, without further action of the Council, the Special Tax Requirement (as that term is defined in Exhibit D of the Resolution), to prepare the annual special tax roll in the amount of the Special Tax Requirement in accordance with said Exhibit D and, without further action of the Council, to provide all necessary and appropriate information to the Contra Costa County Auditor in proper form, and in proper time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County; provided, that as provided in the Resolution and Section 53340 of the California Government Code, the Council has reserved the right to utilize any method of collecting the special tax which it shall, from time to time, determine to be in the best interests of the City, including but not limited to, direct billing by the City to the property owners and supplemental billing.
3. The appropriate officers and agents of the City are authorized to make adjustments to the special tax roll prior to the final posting of the special taxes to the County tax roll each fiscal year, as may be necessary to achieve a correct match of the special tax levy with the assessor's parcel numbers finally utilized by the County in sending out property tax bills.
4. The City agrees that, in the event the special tax is collected on the secured tax roll of the County, the County may deduct its reasonable and agreed charges for collecting the special tax from the amounts collected, prior to remitting the special tax collections to the City.
5. Taxpayers who have requested changes or corrections of the special tax and who are not satisfied with the decision of the Director of Finance and Information Systems (whether the Director of Finance and Information Systems simply disagrees with the taxpayer or feels the Director of Finance and Information Systems is not authorized to consider the change requested) may appeal to the Council. The appeal must be in writing and fully explain the grounds of appeal, and must be based solely on the correction of mistakes in the levy based upon the status of the property, and no other appeals will be allowed. The Director of Finance and Information Systems shall schedule the appeal for consideration within a reasonable time at a Council meeting.
6. If for any cause any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel by a court of competent jurisdiction, the balance of this ordinance, and the application of the special tax to the remaining parcels, shall not be affected.
7. This ordinance shall take effect and be in force immediately as a tax measure; and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published and circulated in Community Facilities District No. 5.
I HEREBY CERTIFY that the foregoing ordinance was first read at a regular meeting of the Council of the City of Brentwood on the 26th day of June 2007, and was passed and adopted at a regular meeting of the Council on the ____ day of ____________, 2007.

 

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