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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: November 13, 2007

Subject/Title: Consideration of Resolutions for annexation of territory into Community Facilities District No. 5, and set a date of January 8, 2008, for the Public Hearing.

Prepared by: Debra Galey, Management Analyst

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

RECOMMENDATION
Adopt a Resolution approving Annexation #1 Boundary Map to City of Brentwood Community Facilities District No. 5 (“CFD No. 5”).

Adopt a Resolution declaring the intent to annex territory to Community Facilities District No. 5 (“CFD No. 5”), levy a special tax in such territory and set a date of January 8, 2008, at 7:00 p.m. for the Public Hearing.

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 June 26, 2007, by Resolution Nos. 2007-152, 2007-153 and 2007-154, City Council established the formation of 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 the 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. CFD No. 5 will require all new development to finance facilities and services included as a part of the previous CFDs and at a rate equivalent to the previous CFDs, but is also written to include funding for Downtown Civic Core projects as identified in previous Community and Council workshops.
Funding is collected by the levying of an annual special tax on all new development, and the City currently requires all parcels, as a condition of approval, to annex into the CFD and subsequently pay the annual CFD Tax. The maximum special tax rates for CFD No.5 were previously set during formation of the District (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.



The proposed boundaries and development projects of the Annexation area are shown as Exhibit “A” to each of the attached Resolutions and includes approximately 374 residential units and 1 non-residential acre.

Each of the property owners within the annexation boundaries will be sent a “Waiver and Consent” form, along with the special election ballot to cast their vote. Unanimous consent of the property owners will allow the City to shorten the minimum time requirements relative to annexation process and procedures, and a two-third majority vote is required to annex the property and levy the special tax. Prior to the Public Hearing on January 8, 2008, all ballots must be cast.
FISCAL IMPACT
Annexation of property will provide approximately an additional $245,000 in revenue for 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. 5
Annexation #1 Boundary Map (CFD No. 5)
Resolution Declaring Intent to Annex Territory to CFD No. 5
RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING ANNEXATION #1 BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO. 5.

(Annexation No. 1)

WHEREAS, a map entitled “Annexation #1 Boundary Map of Community Facilities District No. 5, 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, “Proposed Boundary Map, Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California,” filed for record in the office of the County Recorder of the County of Contra Costa on May 2, 2007, in Book 82 of Maps of Assessment and Community Facilities Districts at page 7.

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, as shown in Exhibit “A” attached hereto and made a part hereof, and adopts the boundaries shown on the map as describing the extent of the territory being proposed for annexation to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California.

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 13th day of November 2007 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 13th day of November 2007, 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: _____________, 2007.

_________________________________________
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. 5, TO LEVY A SPECIAL TAX IN SUCH TERRITORY AND TO SET A DATE OF JANUARY 8, 2008, FOR THE PUBLIC HEARING.

(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. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”); and

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 November 13, 2007, 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. 5.

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. 5 are not proposed to be expanded or diminished by this annexation.

Section 3. The area proposed to be annexed to CFD No. 5 (the “Territory”) shall be subject to a special tax, from the time of its inclusion in CFD No. 5, under the rate and method of apportionment of the special tax contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007. This special tax will be secured by the recordation of a continuing lien against all non-exempt real property in the Territory.

Section 4. No alteration of the rate and method of apportionment of the special tax within CFD No. 5 is contemplated by these proceedings either as it pertains to the area already within CFD No. 5 or as it pertains to the Territory.

Section 5. The City Council hereby sets Tuesday, January 8, 2008, 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 proposed annexation of the Territory to CFD No. 5 or the proposed levy of special taxes within the Territory 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. If 50 percent or more of the registered voters or six (6) registered voters, which ever is more, residing within the existing CFD No. 5, or if 50 percent or more of the registered voters or six (6) registered voters, which ever is more, residing within the Territory or if the owners of one-half (1/2) or more of the area of land within the existing CFD No. 5, or if 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. 5 and such protests are not withdrawn so as to reduce the protests to less than a majority, then no further proceedings to annex the Territory to CFD No. 5 as proposed in this Resolution of Intention shall be undertaken 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. 5 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. 5 and authorizing the levy of special taxes of CFD No. 5 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 Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). If such protests are directed only against certain elements of the proposed improvements, services 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 Act, 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 in a newspaper of general circulation within CFD No. 5 and the Territory 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 owners of the property proposed to be annexed at their addresses 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 13th day of November 2007 by the following vote:


EXHIBIT “A”

LIST OF PARCELS TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 5
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 13th day of November 2007, 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: _____________, 2007.
_________________________________________
Margaret Wimberly
City Clerk, City of Brentwood

 
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