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. 21

Meeting Date: January 8, 2008
Subject/Title: Consideration of Resolutions Completing Annexation #1 to 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
Hold the Public Hearing regarding the annexation of territory to the City of Brentwood Community Facilities District No. 5 (“CFD No. 5”).

Adopt a Resolution determining to annex territory to CFD No. 5 and calling a special election for CFD No. 5.

Conduct the special election for the annexation of territory to CFD No. 5.

Adopt a Resolution determining the results of the special election for the annexation of territory to 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. 2007-152, 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 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 levy 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 on the attached map and include approximately 374 residential units and 1 non-residential acre.

Special taxes must be approved by a two-thirds majority of the qualified voters returning ballots. Each property owner within the proposed boundaries of the annexation area have been provided a ballot, and waiver and consent form, consenting to the special election process and allowing their vote for annexation into the CFD. At the conclusion of the public hearing, a two-thirds majority of the qualified voters returning ballots (and 100% of the consent forms) will allow annexation of the properties into CFD No. 5.

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. Annexation of the identified properties 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:
Community Facilities District Exhibit
Resolutions – 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DETERMINING TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 5, CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE LANDOWNERS IN THE TERRITORY PROPOSED FOR ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT THE QUESTION OF SUCH ANNEXATION.

(Annexation #1)

WHEREAS, the City Council (the “Council”) of the City of Brentwood (the “City”), has duly adopted Resolution No. 2007-240 on November 13, 2007 (the “Resolution”), determined, under the terms and provisions of 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”), that the public convenience and necessity require that certain territory more particularly described in the Resolution (the “Territory”) be annexed to the existing Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”); and

WHEREAS, the Resolution fixed Tuesday, the 8th day of January 2008, at the hour of 7:00 P.M., or as soon thereafter as the Council may reach the matter, at the regular meeting place of the Council, at 734 Third Street, Brentwood, California 94513, as the time and place for a public hearing to be held by the Council to consider the proposed annexation of the Territory to CFD No. 5 and all other matters set forth in the Resolution, and notice of such public hearing was duly given as provided in the Resolution; and

WHEREAS, the Annexation #1 Boundary Map was recorded in the office of the County Recorder of the County of Contra Costa on November 20, 2007 in Book 83 of Maps of Assessment and Community Facilities Districts at page 19; and

WHEREAS, pursuant to the Resolution, such public hearing was duly convened by the City Council at the time and place appointed; therefore, and at such public hearing the City Council considered the proposed annexation of the Territory to CFD No. 5 and any other matters set forth in the Resolution, and at such public hearing all persons interested, including all taxpayers, property owners and registered voters within CFD No. 5 and within the Territory, were given an opportunity to appear and be heard, and the testimony of all interested persons or taxpayers for or against such proposed annexation or any other matters set forth in the Resolution was heard and considered; and

WHEREAS, the Council is fully advised in this matter.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood as follows:

Section 1. The above recitals are true and correct, and the City Council so finds and determines.
Section 2. The City Council hereby accepts the Certificate of Clerk that 100% of the voters eligible to vote in this election have delivered to the Clerk properly executed waivers in the form approved.
Section 3. The City Council hereby determines to call a special election to submit to the landowners in the Territory (which landowners are the electors qualified to vote at such special election) the question of annexing the Territory to CFD No. 5, and in connection with such election, the City Council finds and determines that all landowners in the Territory have waived any and all time periods relative to such election pursuant to California Government Code Section 53326(a), and they have waived the preparation and distribution of an impartial analysis of the ballot proposition, as well as arguments in favor and against such proposition, pursuant to California Government Code Section 53327(b), and they have waived the requirement to publish notice of the election pursuant to California Government Code Section 53352, and they have waived the requirements regarding the time to mail ballots pursuant to California Elections Code Section 4101, and they have agreed to accept either mailed service or personal service of the ballots, and they have waived the requirements regarding identification envelopes for the return of mailed ballots pursuant to California Government Code Section 53327.5, and they have requested that the election be expedited.
Section 4. The City Council finds and determines that written protests to such proposed annexation are insufficient in number and in amount under the Act and that such proposed annexation has not been precluded by a majority protest as provided in the Resolution; and accordingly the City Council hereby orders that all protests to such proposed annexation are hereby overruled.
Section 5. The City Council hereby reapproves and readopts the Resolution, and reconfirms all of its findings and determinations contained therein, and if such proposed annexation is approved at the election called by this resolution, the Territory shall be annexed to and shall become a part of CFD No. 5; and upon recordation of a notice of special tax lien pursuant to Section 3117.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of such special tax shall attach to all nonexempt real property in CFD No. 5 (as constituted after such election), which lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of such special tax by the City Council ceases, or until June 30, 2107, whichever is earlier.
Section 6. A special election shall be and is hereby called and ordered to be held in the Territory on Tuesday, January 8, 2008, at 7:00 p.m., or as soon thereafter as the City Council may reach the matter, in accordance with and subject to the Act and applicable law and the terms hereof, at which special election there shall be submitted to the landowners in the Territory the question of annexing the Territory to CFD No. 5, and the ballot proposition for use at such special election shall be as follows:
Shall the parcels of land as described in Resolution No. 2007-239 and 2007-240 adopted by the City Council of the City of Brentwood on November 13, 2007, be annexed to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California, and be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 5?
Section 7. The City Clerk (the “Clerk”) is hereby designated as the official to conduct such special election in accordance with and subject to the Act and applicable law and the following provisions of this resolution:
(a) Such special election shall be held and conducted, and the vote thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as provided herein; and in all particulars not prescribed by this resolution such special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of general elections in the City that are consistent with the Act.

(b) All landowners within the Territory upon the date of such special election herein called shall be qualified to vote upon the proposition to annex the Territory to CFD No. 5 to be submitted at such special election.

(c) Such special election shall be conducted as a mailed ballot election, in accordance with the provisions of the Act and the prior proceedings of the City taken there under, and there shall be no polling place for such special election. All official ballots shall be mailed or personally delivered to such landowners, and all voted ballots are required to be received at the office of the Clerk not later than 7:00 P.M. on the day of the special election in order to be counted.

(d) Each voter to vote for the proposition to be submitted at such special election shall mark a cross (+) in the blank space opposite the word “YES” on the ballot to the right of such proposition, and to vote against such proposition shall mark a cross (+) in the blank space opposite the word “NO” on the ballot to the right of such proposition, which cross (+) may be marked with either pen or pencil.

(e) The Clerk shall commence the canvass of the returns of such special election at her office at the conclusion of such special election, and at the conclusion of such canvass shall determine the results of such special election; provided, that if all the qualified electors shall have voted on the proposition hereby submitted at any time prior to 7:00 P.M. on the date of such special election, the Clerk shall close such special election at such time and thereupon shall proceed to canvass the returns of such special election and to determine the results thereof.

(f) The City Council shall meet at its regular meeting on Tuesday, January 8, 2008, and if all ballots are cast and returned to the Clerk, the City Council shall declare the results of such special election as determined by the Clerk, and shall cause to be spread upon its minutes a statement of the results of such special election as ascertained by such canvass.

Section 8. If two-thirds (2/3) or more of the votes cast upon the proposition to annex the Territory to CFD No. 5 are cast in favor thereof, as determined by the City Council after reviewing the returns of such special annexation election, the Territory shall become annexed to CFD No. 5, and shall be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 5.
Section 9. The Director of Finance and Information Systems or her designee, at 150 City Park Way, Brentwood, California 94513 (telephone (925) 516-5400) will be responsible for preparing annually a current roll of special tax levy obligations by Contra Costa County Assessor’s parcel numbers, and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Government Code of the State of California.
Section 10. 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 8th day of January 2008 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 8th day of January 2008, 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: _____________, 2008.

_________________________________________
Margaret Wimberly, CMC, City Clerk
City of Brentwood

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DETERMINING THE RESULTS OF THE SPECIAL ELECTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 5, CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA.
(Annexation #1)
WHEREAS, the City Clerk of the City of Brentwood has duly canvassed the votes cast at the special election held to annex territory to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”), on January 8, 2008, upon the proposition hereinafter set forth, and has certified to this City Council the results of the votes cast at such special election upon such proposition, which certification is now on file in the office of the Clerk of the City of Brentwood;

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

Section 1. The above recital is true and correct, and this City Council so finds and determines.
Section 2. The canvass of the votes cast at the special mailed-ballot election held to annex territory to CFD No. 5 held on January 8, 2008, as shown by said certification, is hereby approved and confirmed.
Section 3. At such special mailed-ballot election, the following proposition was submitted to the landowners in the area proposed for annexation to CFD No. 5, and the number of votes cast for and against such proposition, as set forth in said canvass, is determined to be as follows:
BALLOT MEASURE

Shall the parcels of land as described in Resolution Nos. 2007-239 and 2007-240 adopted by the City Council of the City of Brentwood on November 13, 2007, be annexed to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California, and be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 5?
Number of votes
YES
__________


Number of votes
NO
__________

Section 4. The total number of votes cast at such special mailed-ballot election for and against such propositions was and is set forth in said canvass.
Section 5. More than two-thirds (2/3) of all the votes cast at such special mailed-ballot annexation election were cast in favor of such annexation proposition, and such annexation proposition carried.
Section 6. The City Clerk of the City of Brentwood is hereby directed to enter this resolution on the minutes of this City Council, which shall constitute the official declaration of the results of such special mailed-ballot election, and is hereby further authorized and directed to record a notice of special tax lien in accordance with the provisions of Section 3117.5 of the Streets and Highways Code of the State of California.
Section 7. 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 8th day of January 2008 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 8th day of January 2008, 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: _____________, 2008.

_________________________________________
Margaret Wimberly, CMC, City Clerk
City of Brentwood

 
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