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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: February 27, 2001

Subject/Title: Adopt an Ordinance Concerning the Collection of a New Sewer Surcharge Fee for the area formerly within Ironhouse Sanitary District

Submitted by: City Attorney: D. Beougher/Engineering: J. Stevenson

Approved by: Jon Elam, City Manager



RECOMMENDATION
Adopt the attached ordinance concerning the collection of a new sewer surcharge fee ($658.50) for the area formerly within the Ironhouse Sanitary District as required by the agreement between the City and Ironhouse Sanitary District, dated September 26, 2000.

PREVIOUS ACTION
On September 26, 2000, the City Council authorized the City Manger to sign an agreement with Ironhouse Sanitary District to collect a fee, $658.50, for the area formerly within Ironhouse's jurisdiction which consists generally of the area north of Lone Tree Way and south of Delta Road/Neroly Road.

On February 13, 2001, the City Council held a public hearing and approved the first reading of Ordinance 657 adopting a new fee for sanitary sewer connections in the area de-annexed from Ironhouse Sanitary District.

BACKGROUND
Ironhouse Sanitary District provides public sewer services to areas within its service area. This service area includes areas that are now or expected to be within the City's jurisdiction. The City also provides public sewer services to areas within service area boundary. In that certain area south of Delta Road/Neroly Road right of way and north of Lone Tree way, the service areas overlay. A private property owner within an area served by two or more governmental agencies who assert jurisdiction over the same area may present a petition for deannexation from one or more of these public agencies to the Contra Costa Local Agency Commission ("LAFCO") to make it make a determination which overlapping public agency should provide the public service.

The LAFCO deannexation process could lead to inequities and costly disputes. The agreement between City and Ironhouse Sanitary District will avoid LAFCO disputes by providing a comprehensive and fair resolution to possible disputes concerning the provision of public sewer in the subject area.

Private landowners did present a petition to LAFCO to deannex from Ironhouse Sanitary District in order to be served by Brentwood. LAFCO approved the de-annexation based upon the Agreement between the agencies involved. The City included the sewer connection fees in the newly adopted master fee program approved by Council November 28, 2000. The approved agreement includes a reimbursement fee to be paid to Ironhouse per unit, plus a one time fee of $40,000. The City will incur no cost associated with the sewer connections, the residents and developers will pay all costs for the sewer connections when a building permit is requested.

Pursuant to the Health and Safety Code, all sanitation fees must be adopted by ordinance. This action is the last step in the process required by Health and Safety Code 4571 which requires that sewer fees, rentals, tolls or charges in connection with sanitary or sewage systems be adopted by ordinance.


Attachment:
Ordinance

ORDINANCE NO.


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A NEW SEWER SURCHARGE FEE FOR THE AREA FORMERLY WITHIN IRONHOUSE SANITARY DISTRICT 


WHEREAS, on September 26, 2000 an agreement between Ironhouse Sanitary District and the City ("Agreement") was approved to collect a new sanitary sewer connection surcharge fee, $658.50, in addition to the normal City sewer connection fees for the area formerly within Ironhouse Sanitary District's service area; and

WHEREAS, the Agreement also required the City to pay a one-time fee of $40,000 plus on July 1, 2001, and on each July 1 thereafter, the amount of the new sanitary sewer connection fee for the subject area, would be increased by San Francisco area construction cost index, as published by the Engineering News Record; and

WHEREAS, the City did adopt the subject new sanitary sewer connection fee in the adopted Master Fee Resolution, dated November 28, 2000; and

WHEREAS, on February 13, 2001, the City Council held a public hearing and approved the first reading of Ordinance 657 adopting a new fee for sanitary sewer connections in the area de-annexed from Ironhouse Sanitary District; and

WHEREAS, pursuant to Health and Safety Code 4571, the City is required to adopt all sanitation fees by ordinance.

NOW, THEREFORE BE IT RESOLVED 
The City Council adopts the terms of the Ironhouse Sanitary District agreement, dated September 26, 2000, including the following:

a) a sanitary sewer connection surcharge for the area described in the Agreement of $658.50;
b) a one-time fee of $40,000 paid when first final map of Subdivision 8226 is recorded;
d) the $658.50 sewer connection surcharge fee for the area described in the Agreement shall be increased on July 1, 2001 by the proportional increase in the construction costs index for the San Francisco area, as published by Engineering News Record.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of February 2001 by the following vote:

AYES: Councilmembers
NOES: 
ABSENT: 

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