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CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: May 27, 2003

Subject/Title: Consideration of an Ordinance adopting an Annual Water Service Standby Charge on Vacant Parcels of Land within the City Limits

Submitted by: Engineering: B. Grewal/D. Galey

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve an Ordinance adopting an annual water service standby charge on vacant parcels of land within the City limits.

PREVIOUS ACTION
City Council Resolution 90-143 was approved on July 24, 1990 to establish the water stand-by charge.

City Council Ordinance 457 was approved on July 25, 1989 imposing an annual sewer service standby charge on vacant parcels of land.

BACKGROUND
In accordance with Health and Safety Code Section 5471, the ordinances shall be adopted by the legislative body allowing for the collection of fees, or other charges, for facilities and services in connection with sanitation and sewer systems which it furnishes.

California Government Code Section 38743 allows for the collection of an annual water service standby, or immediate availability charge, to be assessed to parcels to which water is made available.

In 1990 the City Council adopted Resolution 90-143 to collect an annual water service standby charge of $60.00 (sixty dollars) per year, per vacant parcel, collected as part of the County Property Tax Bill. This charge applies to land that was vacant as of January 1st of the year under consideration. These charges are levied to assure future service of water and related functions for vacant parcels. Each year, since Fiscal Year 1989-90, the City Council has adopted a resolution assessing the charge at this rate per parcel. This action is in consideration of an ordinance, per Health and Safety Code Section 5471, to adopt the same water service standby charge.

FISCAL IMPACT
It is estimated revenue collected for the Water Service Standby Charge will be $108,000 for FY2003-04.

Attachments:
Ordinance
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING AN ANNUAL WATER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS

WHEREAS, Section 38743 of the California Government Code allows the establishment of an annual water service standby charge; and

WHEREAS, Health and Safety Code Section 5471 allows the establishment of fees for services and facilities furnished in connection with sanitation systems; and

WHEREAS, in previous years the charge has been established at sixty dollars ($60.00) per vacant parcel; and

WHEREAS, the City has studied the charge per parcel and has concluded that the charge does not exceed the reasonable cost of making available water service and facilities to vacant properties; and is proportionately representative of the costs incurred by the City and the special benefit conferred on each parcel; and

WHEREAS, the annual water service standby charge is imposed exclusively to finance the capital costs or maintenance and operation expenses for the City’s water facilities; and

WHEREAS, this annual water service standby charge is an existing assessment under Article XIII D, Section 5(a) of the California Constitution and is therefore exempt from the procedural and approval process set forth in Section 4 thereof.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the annual water service standby charge of sixty dollars ($60.00) per vacant parcel is hereby assessed on those vacant parcels within the City limits.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of May 2003 by the following vote:

City Administration
City of Brentwood City Council
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