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CITY COUNCIL AGENDA ITEM NO.20

Meeting Date: July 23, 2002

Subject/Title: 2002/2003 Development Fee Program

Submitted by: Engineering: B. Grewal/L. Vargas

Approved by: John Stevenson, City Manager

RECOMMENDATION:
Approve a Resolution approving the revision of the development fees to fund public facilities (City of Brentwood 2002/03 Development Fee Program), repealing Exhibit A (2002/03 City of Brentwood Development Fee Program) of Resolution Nos. 2220 and 2202 and amending Resolution No. 2366 to revise the Master Fee Program.

The City Council may:

· Open the public hearing and receive the public’s oral and written testimony on the revised 2002 report. The Council may adopt the revised City of Brentwood Development Fee Program as written;

Adopt the City of Brentwood Development Fee Program with revisions; or

Continue the public hearing to a later date.

PREVIOUS ACTION
The General Plan, which the City Council adopted on November 27, 2001, has a policy that requires an annual reevaluation of the City of Brentwood Development Fee Program to accurately reflect any changes since the previous update. This annual review ensures that new development pays for its fair share of the infrastructure that is required as a result of development, and that the development fees established by the City of Brentwood are fair and equitable and in conformance with Statutory Requirements (AB 1600).

To accomplish these goals, a process was followed over the past year:

1. Changes to capital improvements planned for the ultimate build-out of the City of Brentwood and changes to the costs of construction were reviewed.
2. Capital Improvements for 2002-07 were reviewed for costs and changes to the costs.

BACKGROUND:
The revised City of Brentwood Development Fee Program covers the following costs, fees and administrative details:

Costs
A. Project costs for each category (water, sewer, roadways, parks, etc.) at City build-out
B. Unit costs (based on accepted estimates)
C. Administrative costs (overhead, direct staff costs)
D. The annual inflation increase or decrease on July 1 of each year based on the
Engineering News Record Construction Cost Index
Fees

A. Fees based on six development categories (single family, active senior, multi-family, industrial, office and commercial) and by specific item (water storage and treatment, wastewater, roads, fire, etc.) at City build-out
B. Administration (direct costs and overhead to administer the program)
C. “Exceptional Circumstances” fee requirements
D. East Diablo Fire Protection District Impact Fee
E. De-Annexation Fees for projects North of Lone Tree Way from Diablo Water District and Ironhouse Sanitation District.

Administration

A. Determination of fees
B. Reimbursement agreement procedures
C. Method of updating costs/fees in future
D. Benefit District procedures

Technical Appendix

A. Project costs and unit costs
B. Fee calculation sheets
C. Reimbursement sheets
D. Maps
E. East Diablo Fire Facilities Financing Study

Proposed new fees are presented as Exhibit “A” (2002/03 City of Brentwood Development Fee Program) to the attached resolution.

This revision contains several changes over the November 2000 report:

· Revision of the requirements for right of way dedication and the price of land used to calculate right of way costs, based on current market values.

· Revision of the projected build-out population, units and acreage per the City of Brentwood General Plan adopted November 27, 2001.

· Staff revised a few of the unit costs, such as drinking fountains, benches, tables, roadway handicap ramps to reflect the 2002 prices.

· Staff amended the list of roads and traffic signals and adjusted the Roadway Project Cost sheet to accommodate the anticipated need.

· Staff revised the Road Project Cost sheets to include 96’ and 164’ right of way roads.

· Park Project Cost sheets were revised to include actual components being constructed in its parks and prices were adjusted accordingly.

· The adjusted costs for the long-term water solution were added to the Water Facilities Project sheet.

· The revised costs for wastewater treatment based on actual construction costs were added to the Wastewater Facilities project sheet.

Staff met with representative of the Building Industry Association and developers to discuss the changes and to receive any comments they might have regarding the revised Development Fee Program. This 2002/03 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 2002/03 report, which is attached. The resolution will address public testimony and recite findings recommended by staff and the Council. If adopted, the fees and reimbursements will take effect 60 days after adoption.

The Development Fee Program represents $607.1 million in total costs for capital improvements to build-out, based on the 2001 General Plan and Infrastructure Plan. Revisions to fees for various land uses are balanced against revisions in reimbursements.

Other changes are noted in Exhibit “A” attached and made part of the resolution.

Attachments:
Resolution
2002/03 City of Brentwood Development Fee Program

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REVISING DEVELOPMENT FEES TO FUND PUBLIC FACILITIES AND REPEALING EXHIBIT A (CITY OF BRENTWOOD DEVELOPMENT FEE PROGRAM) OF RESOLUTION NO. 2220 AND RESOLUTION NO. 2202 AND AMENDING RESOLUTION NO. 2366 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 was updated on November 27, 2001 by Ordinance No. 695 to provide for a build-out population of 76,266; 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, 2202, 2220; 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, 2000, and 2001 respectively (the “Development Fee Programs”); and

WHEREAS, on June 24, 1997, the City Council adopted the “1997/02 Capital Improvement Program,” and on May 26, 1998, the City Council adopted the “1998/03 Capital Improvement Program” and on May 25, 1999, the City Council adopted the “1999/04 Capital Improvement Program” and on May 23, 2000, the City Council adopted the "2000/05 Capital Improvement Program” and on May 28, 2002 the City Council adopted the “2002/03 -2006/07 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 2002 Development Fee Program; and

WHEREAS, the City of Brentwood 2002 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 2002 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 build-out; and

WHEREAS, the City of Brentwood 2002 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 in the attached City of Brentwood 2002 Development Fee Program.

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 municipal public facilities 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 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 and 1.4.4).

C. The fees will enable the City to construct water storage and transmission facilities, water treatment facilities, wastewater treatment facilities, wastewater collection system, roadway improvements; to provide park and trail facilities; and to provide and expand community 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 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 2002 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.

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.

H. The method of allocation of the Public Facilities Fees to a particular development bears a fair and reasonable relationship to each development’s burden on, and benefit from, the facilities to be funded by the fee.

Section 2. Fees Imposed:

A. New development in the City of Brentwood shall pay Public Facility Fees as set forth in the City of Brentwood 2002 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 2002 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 2002 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. Public Facilities to Be Financed With Fees:

A. The Public Facilities 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 Parks, Trails and Recreation Master Plan (June, 2002) as has been periodically updated and the City of Brentwood 2002 Development Fee Program;

2. Water Storage and Transmission Facilities as specified in the City of Brentwood Infrastructure Master Plans and as has been periodically updated and the City of Brentwood 2002 Development Fee Program;

3. Water Treatment and Supply Facilities as specified in the City of Brentwood Infrastructure Master Plans and as has been periodically updated and the City of Brentwood 2002 Development Fee Program;

4. Wastewater Treatment Plant as specified in the City of Brentwood Infrastructure Master Plan, Preliminary and Final Studies on the Wastewater Facilities Plan Costs and other updates to reflect the expansion of the City’s Wastewater Treatment Plant and facilities, and the City of Brentwood 2002 Development Fee Program;

5. Wastewater Collection Facilities as specified in the City of Brentwood Infrastructure Master Plan, and as has been periodically updated and the City of Brentwood 2002 Development Fee Program;

6. Roadways as specified in the City of Brentwood Infrastructure Master Plans and as has been periodically updated and the City of Brentwood 2002 Development Fee Program;

7. Community Facilities as based on recent proposals received by the City, staff analysis and the City of Brentwood Civil Center Master Plan, the police facilities cost studies and other community facilities studies, all as have been periodically updated and the City of Brentwood 2002 Development Fee Program;

8. Fire Protection Facilities as set forth in the East Diablo Fire Protection District Financing Plan and Impact Fee Study (January 1998).

Section 5. Collection of Fees:

A. The applicable Public Facilities Fees 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 Public Facilities 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.

C. The City shall also collect fees authorized and adopted by other jurisdictions applicable to new development in Brentwood. Such fees include without limitation, school fees, ECCRFFA Fees, CCFCD Fees, De-Annexation Fees for development located north of Lone Tree Way per the signed agreements with Diablo Water District and Ironhouse Sanitation District, etc.

Section 6. Exemptions.

A. To the extent a development demonstrates it has rights vested at an earlier, specified amount of the Public Facilities 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 2002 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 separate public facilities’ accounts and the revenues, along with any interest earnings on such account, shall be used to pay for design and construction of designated public facilities, reasonable costs of outside consultant studies related thereto, costs of program development, ongoing administration of the Public Facilities 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 Public Facilities 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 Public Facilities 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 September 23, 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 Public Facilities 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. 2366 is hereby amended to add the Fees adopted by this resolution, as set forth in Exhibit ‘A.’

PASSED, APPROVED AND ADOPTED this 23rd day of July 2002 by the following vote:

 

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