CITY COUNCIL AGENDA ITEM NO.
Meeting Date: November 27, 2001
Subject/Title: Approve a fee schedule as outlined in the Joint Exercise of Powers Agreement for the cities of Antioch, Brentwood, Oakley and Contra Costa County relating to the Regional Fee Authority
Submitted by: Dennis Beougher, City Attorney
Approved by: John Stevenson, City Manager
Approve the attached fee schedule as outlined in the Joint Exercise of Powers Agreement among the City of Antioch, Brentwood, Oakley, and Contra Costa County relating to the Regional Fee Authority (“JPA”).
At the last City council meeting, the council approved the Joint Exercise of Powers Agreement for the cities of Antioch, Oakley, Contra Costa County, and the Contra Costa County to fund regional traffic improvements (”JPA”).
The City of Pittsburg has taken action to not implement fees needed to complete various regional traffic improvements. The new Joint Powers Authority would fund certain traffic improvement projects, as set forth in Attachment 2 of the JPA. A study was completed by the East Contra Costa Regional Fee and Financing Authority, as required by Government Code §66000, et seq.
The City of Brentwood could not adopt the fee schedule presented in the JPA at the last City Council meeting, as the staff did not take appropriate action to comply with Government Code §66000, et seq. as to the timing and notice requirements. This fee schedule is being presented for approval at this time.
Development cost will increase as noted in the schedule.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REVISING MASTER FEE RESOLUTION TO ADD FEES AS PROVIDED IN THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE CITIES OF ANTIOCH , BRENTWOOD, OAKLEY, AND CONTRA COSTA COUNTY (“JPA”) AND AMENDING RESOLUTION NO. 2366
WHEREAS, the City Council has adopted ordinances and resolutions establishing and revising fees required to be paid by new development; and
WHEREAS, on November 7, 2001, the City of Brentwood adopted an update to Brentwood General Plan which provides for a buildout population of approximately 70,000; 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, 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, the East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) completed a study of regional traffic improvements for the eastern portion of Contra Costa County; and
WHEREAS, additional analysis and update of the impact of future development on regional traffic improvements in the City of Brentwood has been completed in the General Plan update, ECCRFFA, and Joint Exercise of Powers Agreement Authority for the cities of Antioch, Brentwood, Oakley, and Contra Costa County; 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 the immediate need for road and regional traffic improvements over the next 5 years and other changes in the community; and
WHEREAS, the JPA fee schedule and the 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 included in the JPA fee schedule.
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 regional traffic improvements to reduce the impacts caused by future development in the City of Brentwood.
B. These fees implement policies of the City of Brentwood General Plan as amended November 7, 2001, 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
C. The JPA fees will enable the City to construct and to provide regional traffic improvements; and to provide road and traffic facilities 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 regional traffic improvements specified in said reports, and that these regional traffic improvements 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 traffic improvements 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 JPA fee schedule study and 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 regional traffic improvements.
G. The method of allocation of the JPA fee schedule to a particular development bears a fair and reasonable relationship to each development’s burden on, and benefit from the regional traffic improvements to be funded by the fee.
H. 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.
Section 2. Fees Imposed:
A. New development in the City of Brentwood shall pay JPA fees, as set forth in the attached Exhibit B to this Resolution and incorporated by reference. The JPA 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.
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. Improvements To Be Financed With Fees:
The JPA fees collected pursuant to this Resolution shall be used to finance the improvements specified in the JPA, as amended from time to time.
Section 5. Collection of Fees:
A. The applicable JPA 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 JPA 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 JPA 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 developer of projects which do not squarely fit within the development categories listed in the JPA fee schedule shall be subject to the fees imposed pursuant to determination by the City Engineer.
Section 8. Use of Fee Revenues:
The revenues raised by payment of these fees shall be segregated into separate JPA account and the revenues, along with any interest earnings on such account, shall be used to pay for design and construction of designated regional traffic improvements, reasonable costs of outside consultant studies related thereto, costs of program development, ongoing administration of the JPA 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 JPA 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 JPA regional traffic improvements to be financed with the JPA fees. 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 JPA may warrant adjustments to the JPA fees adopted herein subject to recommendations by the JPA.
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, JPA, and ECCRFFA. 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, subject to JPA recommendations.
Section 12. Effective Date of Revised Fees:
The fees provided in this Resolution shall be effective on January 28, 2002, 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 JPA 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 JPA fees established by this Resolution will be collected for the purposes of obtaining funds for JPA and City 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 JPA 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 Master Fee Resolution No. 2366:
The City’s Master Fee Resolution No. 2366 is hereby amended to add the JPA fees adopted by this resolution, as set forth in Exhibit B.
PASSED, APPROVED AND ADOPTED this 27th day of November, 2001 by the following vote:
Type Fee Units in Dollars Fee Amount
Single family residential units, duet homes, and residential condominiums Per dwelling unit $7,500
Multiple family residential Per dwelling unit $4,600
Commercial Per square foot of gross floor area $1.00
Office Per square foot of gross floor area $1.00
Industrial Per square foot of gross floor area $1.00
Other Per peak hour trips as determined $7,500/pht