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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: January 9, 2001

Subject/Title: 2001 Development Fee Program Park Fee

Submitted by: Engineering: J. Stevenson/L. Vargas/D. Beougher

Approved by: Jon Elam, City Manager


RECOMMENDATION
Approve a Resolution adopting the Park Fees as presented in Exhibit ‘A’ to the attached Resolution, amending Resolution No. 2202 to revise the City of Brentwood 2001 Development Fee Program, and amending Resolution No. 2198 to revise the Master Fee Program.

PREVIOUS ACTION
On November 28, 2000, Council approved the City of Brentwood 2001 Development Fee Program and all of its fees, except for the Park Fees. Staff was directed to take this item to the Parks and Recreations Commission for their recommendation.

BACKGROUND
Staff met with the Parks and Recreation Commission on November 30, 2000 and they recommended amending the 2000-2005 Capital Improvement Program by funding the Sunset Park Master Plan. By funding this project with developer fees, it can now be added to the project cost sheet for parks in the 2001 Development Fee Program.

Staff has completed the calculations for the proposed new Park Facility Fee based on the revised Capital Improvement Program and the proposed new fee is presented as Exhibit ‘A’ to the attached Resolution.

Previously proposedPark Fees Currently proposedPark Fees Difference
$5,881.81 SFR/unit $6,966.28 SFR/unit $ 1,084.47
$3,838.65 ASR/unit $4,546.41 ASR/unit $ 707.76
$4,437.15 MFR/unit $5,255.26 MFR/unit $ 818.11

With the proposed 16% increase in Park Fees, the Administration Fee will increase by approximately 4%.

This 2001 revised report has been reviewed by the City Attorney as to form and conformance with applicable state laws. The City Attorney has prepared the appropriate Resolution to adopt the 2001 Park Facility Fee and amend Resolution Nos. 2198 and 2202 to reflect this change. If adopted, the fee will take effect 60 days after adoption.

Attachments:
Resolution
Exhibit ‘A’ – Park Fees


RESOLUTION NO. 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE PARK FEES AS PRESENTED IN EXHIBIT ‘A’, AMENDING RESOLUTION NO. 2202 TO REVISE THE CITY OF BRENTWOOD 2001 DEVELOPMENT FEE PROGRAM, AND AMENDING RESOLUTION NO. 2198 TO REVISE THE MASTER FEE PROGRAM



WHEREAS, the City Council has adopted ordinances and resolutions establishing and revising fees required to be paid by new development; and

WHEREAS, Brentwood Municipal Code §§16.130.010 et seq., provides for the payment of public facility impact fees; and

WHEREAS, on June 8, 1993, the City of Brentwood adopted the Brentwood General Plan 1993 – 2010, which provides for a buildout population of 79,574; and

WHEREAS, the City Council has periodically revised development fees for public facilities, including the revisions contained in Resolutions 89-56, 93-96, 95-201, 97-217, 98-85, 99-179, 99-212, 2198 and 2202; and

WHEREAS, said resolutions were based on information contained in detailed studies of the impacts of future growth on local facilities entitled “Brentwood Capital Improvements Costs and Basis of Development Fees” for 1989, 1993, 1995, 1997, 1998, 1999 and 2000, respectively (the “Development Fee Programs”); and

WHEREAS, on June 24, 1997, the City Council adopted the “1997/2002 Capital Improvement Program.” On May 26, 1998, the City Council adopted the “1998/2003 Capital Improvement Program.” On May 25, 1999, the City Council adopted the “1999/2004 Capital Improvement Program.” On May 23, 2000, the City Council adopted the "2000/05 Capital Improvement Program". These capital improvement programs are an integral part of the overall system of public facility development; and

WHEREAS, additional analysis and update of the impact of future development on public facilities in the City of Brentwood has been completed by the City’s Engineering Department, entitled City of Brentwood 2001 Development Fee Program; and

WHEREAS, the City of Brentwood 2001 Development Fee Program sets forth the relationship between contemplated future development, facilities needed to serve future development, and the estimated costs of those improvements; and

WHEREAS, the City of Brentwood 2001 Development Fee Program recommends changes to the existing fees, based on the current General Plan and Capital Improvement Program, incorporating revisions to needed facilities, updates to right-of-way costs, the inventory of park land, predicted buildout, a more immediate need for park and roadway improvements over the next 5 years and other changes in the community occurring since the 1999 Development Fee Program; and

WHEREAS, the City of Brentwood 2001 Development Fee Program and supporting data were available for inspection and review for ten (10) days prior to this public hearing; and

WHEREAS, a public hearing has been noticed and held in accordance with Government Code Section 66016, 66017 and 66018; and

WHEREAS, the City Council has considered the information provided to it by those testifying, and has reviewed and considered the information provided in the staff report and staff presentation and has read and considered all of the studies related to Park Fees.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE AS FOLLOWS:

Section 1. Findings:

The Council makes each of the following findings:

A. The purpose of these fees is to finance park facilities to reduce the impacts caused by future development in the City of Brentwood.

B. These park fees implement policies of the City of Brentwood General Plan as amended June 1993, including the policies that “new development shall contribute its fair share of the cost of on and off-site public infrastructure and services. This shall include installation of public facilities, payment of impact fees, and participation in a Capital Improvement Financing Program (Growth Management Policy 1.1.6 and 1.4.4).

C. The park fees will enable the City to construct park and trail facilities and to meet the needs of new residents and employees in the community.

D. The City and certain developers in the community have constructed some facilities that are sufficient to serve some new development. It is appropriate that new development provide revenue to reimburse fee accounts and developers, if appropriate, for costs that have been previously incurred to construct oversized facilities that directly benefit new development [Government Code Section 66007(b)(2)].

E. After considering the studies and analyses prepared by City staff and the testimony received at this public hearing, the Council approves and adopts said studies, and incorporates such herein, and further finds that future development in the City of Brentwood will generate the need for the additional public facilities specified in said reports, and that these facilities are consistent with the City’s General Plan.

F. The studies and the testimony establish:

1. That there is a reasonable relationship between the fee’s use and the type of development on which the fee is imposed; and

2. That there is a reasonable relationship between the need for the public facilities and the impacts of the types of development for which the corresponding fee is charged; and

3. That there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed; and

4. That the cost estimates set forth in the City of Brentwood 2001 Development Fee Program and the studies are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by future developments will not exceed the total costs of constructing the public facilities.

5. That there is a need to construct certain park improvements in strict conformance with the 5 year program set forth in the 2000/05 Capital Improvement Program.

G. Pursuant to Government Code Section 66007(b)(1), the fees will be collected for public improvements or facilities for which development fee accounts have been established and the City has adopted its Capital Improvement Plan prior to final inspection. In addition, pursuant to Government Code Section 66007(b)(2), some of the fees are to reimburse the City for expenditures previously made.

Section 2. Fees Imposed:

A. New development in the City of Brentwood shall pay Quimby Act Fees as set forth in the City of Brentwood 2001 Development Fee Program attached as Exhibit ‘A’ to this Resolution and incorporated by reference. Fees shall be charged and paid in amounts existing at the time of commencement of the project or upon issuance of the applicable City permit, notwithstanding the amounts set forth in this Resolution.

B. The City has calculated the costs of administering the program and will impose an administrative charge to defray these costs, as set forth in the City of Brentwood 2001 Development Fee Program attached as Exhibit ‘A’.

C. In the use of any inconsistency between the text of this Resolution and the text of the City of Brentwood 2001 Development Fee Program, the provisions of this Resolution shall control.

Section 3. Definitions:

A. “Square foot” shall mean every square foot of floor area as defined in the Uniform Building Code as adopted by the City of Brentwood, except for floor area devoted exclusively to parking. The City Engineer or his/her designee shall determine the square footage of any project which cannot be calculated by using the definition of the floor area.

B. “Unit” shall mean a dwelling unit as defined in the Uniform Building Code as adopted by the City of Brentwood.

Section 4. Park Facilities To Be Financed With Fees:

A. The Park Fees collected pursuant to this Resolution shall be used to finance the following improvements:

1. Parks & Trails as specified in the City of Brentwood Parks and Recreation Master Plan (August 1994) as has been periodically updated and the City of Brentwood 2001 Development Fee Program.


Section 5. Collection of Fees:

A. The applicable Park Fee shall be determined on the basis of the fee schedule in effect at the time the building permit, or other applicable permit is issued. If no permit is required, then the fees are payable in the amounts in effect at the commencement of the project. The Chief Building Official or other official or other official designated by the City manager shall determine the amount of the fee in accordance with the standards set forth in this Resolution.

B. The Park Fees shall also be paid as a condition of an extension or renewal of a public permit issued after passage of this Resolution if a fee has not been paid previously.

Section 6. Exemptions.

A. To the extent a development demonstrates it has rights vested at an earlier, specified amount of the Park Fees pursuant to a previously adopted development fee schedule or an agreement by and between the City and the developer, this fee schedule may not apply;

B. The fee shall not be required of any project involving replacement of existing structures destroyed by fire or other natural disaster or constructed as part of a redevelopment project, or to rehabilitation of existing structures where the total cost of the work undertaken is less than fifty percent (50%) of the value of the existing structure;

C. The following uses are categorically exempt from the fees imposed by this Resolution: Christmas Tree Lots, Seasonal Fruit Stands, Mobile Food Vendors, and Circuses and Carnivals.

Section 7. Exceptional Fee Circumstances:

A. A developer of projects which do not squarely fit within the development categories listed in the 2001 Development Fee Program shall be subject to the fees imposed pursuant to determination by the City Engineer using the criteria set forth in the Program.

B. Nothing in this Resolution shall be construed to affect the City’s discretion, upon proper application for senior housing, congregate care facilities or affordable housing pursuant to Government Code Section 65915, to adjust certain Public Facility Fees.

Section 8. Use of Fee Revenues:

The revenues raised by payment of these fees shall be segregated into a separate park account and the revenues, along with any interest earnings on such account, shall be used to pay for design and construction of designated parks and trails, reasonable costs of outside consultant studies related thereto, costs of program development, ongoing administration of the Park Fee program, including legal costs, and any applicable reimbursement obligations.

Section 9. Existing Deficiencies:

The City will remedy any existing deficiencies without using the proceeds of Park Fees.



Section 10. Periodic Review and Adjustments to Fees:

A. Within one hundred eighty (180) days after the close of each fiscal year, the City Manager or his designee shall prepare a report for the City Council, pursuant to Government Code Section 66006, identifying the balance of fees in the account at the beginning and end of the fiscal year, the fee, interest, and other income, and the amount of expenditure by public facility, any refunds, and other expenditures.

B. The City shall make the periodic report available to the public, and the City Council shall review the report at a regularly scheduled meeting in accordance with Section 66006.

C. The City shall similarly conduct the periodic review under Government Code Section 66001(d) every five (5) years.

D. Pursuant to Government Code Section 66002, the City Council shall also annually review, as a part of the Capital Improvement Plan, the approximate location, size, time of availability and estimates of cost for all facilities or improvements to be financed with the fees. The annual review shall also include a review of the administrative charge. The City Council shall make findings identifying the purpose to which the existing fee balances are to be put and demonstrating a reasonable relationship between the fee and the purpose for which it is charged. This annual review of the Capital Improvement Plan may warrant adjustments to the Park Fees adopted herein.

E. Those fees established by this Resolution shall on July 1 of each year be automatically increased or decreased from the amount then applicable by the same percentage as the percentage of increase or decrease in construction costs between June 1 of the calendar year immediately preceding and June 1 of the current calendar year, based on the Engineering News-Record Construction Costs Index, without further action of the City Council.

Section 11. Subsequent Analysis of the Fees:

The fees established herein are adopted and implemented by the Council in reliance on the comprehensive studies that have been prepared by the City and consultants to the City. During the coming years, the City will continue to gather additional information that may affect the type and timing of improvements, changes in the cost of construction, and other information that may change the fee calculations. Notwithstanding any term or condition of any land use entitlement granted by the City, it is existing policy that the City Council may revise the fees to incorporate the findings and conclusions of further studies and any revisions in the City’s General Plan, as well as increased due to inflation and increased construction costs, and that such revisions shall apply to any prior approved projects.

Section 12. Effective Date of Revised Fees:

The fees provided in this Resolution shall be effective on March 12, 2001, which is at least sixty (60) days after the adoption of this Resolution; provided, however, that, upon enactment of this Resolution, any person may pay the revised fees instead of the current fees.

Section 13. Severability:

Each component of the Park Fees and all portions of this Resolution are severable. Should any individual component of the fee or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining provisions shall be and continue to be fully effective, and the fee shall be fully effective except as to that portion that has been judged to be invalid.

Section 14. Exemption from California Environmental Quality Act (CEQA):

The City Council finds that CEQA does not apply to the adoption of this Resolution, pursuant to Sections 15061 and 15273 of the State CEQA Guidelines because:

A. The Fees established by this Resolution will be collected for the purposes of obtaining funds for capital projects necessary to maintain the current levels of service within existing service areas to serve new development.

B. To the extent that any fees authorized by this Resolution will be used to fund new facilities, the construction of those facilities will not take place until there has been CEQA review of the development projects which will pay the fees, and the construction of each public facility will be subject to CEQA review. Therefore, it can be seen with certainty that the adoption of this Resolution establishing public facilities fees will not have a significant effect on the environment.

Section 15. Statute of Limitations:

Any judicial action or proceeding to attack, review, set aside, void, or annul the fees established by this Resolution shall be commenced within one hundred twenty (120) days of the passage of this Resolution. Any action to attack an increase adopted pursuant to Sections 10 or 11 shall be commenced within one hundred twenty (120) days of the increase.

Section 16. Amend Resolutions:

The City’s Master Fee Resolution No. 2198 is hereby amended to add the Quimby Act Fees adopted by this resolution, as set forth in Exhibit ‘A.’

Resolution No. 2202 is hereby amended by revise the City of Brentwood 2001 Development Fee Program to include Park Fees as set forth in Exhibit ‘A.”

PASSED, APPROVED AND ADOPTED this 9th day of January 2001 by the following vote:

AYES: Councilmembers
NOES:
ABSENT:
ABSTAIN:

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