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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: March 126June 245, 20032, 2002

Subject/Title: Consideration of Resolutions for bothrenewing the Annual Sewer and Water Service Standby Charges on Vacant Parcels of Land within the City Limits
Approve a Resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 2 to levy a special tax therein to finance certain public facilities and services, approve a resolution declaring the necessity of incurring bonded indebtedness, and set a date of April 263, 2002, at 7:34:00 p.m. for the public hearing

Submitted by: Engineering: J. Stevenson/P. EhlerB. Grewal/D. Galey

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 2 (CFD No. 2) and to levy a special tax thereinApprove a Resolution renewing the annual sewer service standby charge on vacant parcels of land within the City limits for Fiscal Year 2002-032003-04, assessing the charge, and declaring that the charge be collected as part of the annual County Property Tax Bill.

Approve a resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 2 (CFD No. 2) and to levy a special tax thereinApprove a Resolution renewing the annual water service standby charge on vacant parcels of land within the City limits for Fiscal Year 2002-032003-04, assessing the charge, and declaring that the charge be collected as part of the annual County Property Tax Bill.
and setting a date of April 236, 2002 at 7:34:00 p.m. (or as soon thereafter the Council may reach the matter) as a public hearing.

Approve a resolution declaring the necessity for incurring bonded indebtedness in CFD No. 2.

PREVIOUS ACTION
The City Council approved Ordinance No. 457 on July 25, 1989 to establish the sewer service standby charge.

The City Council approved Ordinance No. 747 on June 10, 2003 to establish the water service standby charge.

Actions werehave been taken in previous yearsannually to passapprove Resolutions and chargecollect both the sewer and water standby charges on the property tax roll. Ordinance 457 was approved on July 25, 1989 to establish the charge.
On March 12, 2002, the City Council considered a Resolution to establish a Community Facilities District #2. The City Council voted to postpone the decision pending additional information from City staff.

On February 12, 2002, by City Resolution No. 2469, the City of Brentwood entered into a contract of services with East Diablo Fire Protection District (EDFPD) to increase 24 hour Firefighter Crews from two firefighters to three firefighters.

The City has adopted Local Goals, Policies and Appraisal Standards Concerning the Use of Community Facilities Act of 1982 (Act). These Local Goals, Policies and Appraisal Standards are required in order for the City to form any Community Facilities Districts utilizing the Act.

BACKGROUND
In 1989 the City Council adopted Ordinance No. 457 to collect an annual sewer service standby charge of $80.00 (eighty 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 availability for sewer related functions for vacant parcels. Each year, since Fiscal Year 1989-90, the City Council has adopted a resolution assessing the charges at this rate per parcel.

In 19892003 the City Council also adopted an Ordinance No. _____747 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 availability for water related functions for vacant parcels. Each year, since Fiscal Year 1989-90, the City Council has adopted a resolution assessing the charges at this rate per parcel.
The intent of this Resolution is to facilitate collection of fire service and habitat maintenance funds from new development, regardless of whether the Council decides to move forward with a citywide vote this summer. Staff had our fire consultant review the fire and health safety portion of this fee and agreed that it was adequate.

The Boundaries of proposed CFD No. 2 are shown in the Attachments. A Community Facilities District is proposed because it offers greater flexibility regarding open space maintenance, fire suppression and emergency medical services and the purchasing open space facilities that may have some benefit to the general public.

CFD No. 2 is proposed to provide a revenue stream for the purchasing and maintenance of open space, and salaries, benefits and other incidental costs to increase the number of firefighting/emergency medical services personnel (EMS) located within the City of Brentwood. These facilities and services are listed as Attachments A & B to this staff report. If the Citywide CFD No. 1 passes, then the Fire/EMS portion of CFD No. 2 will be dissolved because it will be covered under CFD No. 1.

The special tax rate will be set at $1315 per single family home with a maximum increase of 2% per year. If CFD No. 1 is approved, the special tax rate will be reduced to $50 per single family home with a maximum increase of 2% per year. Parcels that have not been issued a building permit prior to January 1st of the ensuing fiscal year will not be taxed. This special tax will sunset June 30, 2053.

Special Taxes must be approved by a two-thirds majority of the qualified voters returning ballots. Qualified voters are determined based on one of the two following cases:

1.If twelve or more registered voters reside within the boundaries of the proposed district, the qualified voters are those registered voters residing within the proposed boundaries of the CFD.
2.If fewer than twelve registered voters reside within the proposed boundaries of the CFD, qualified voters are those owners of property within the proposed boundaries of the CFD. Every property owner receives one vote per acre, or portion thereof, owned within the boundaries of the CFD.

There are less than twelve registered voters residing in the proposed CFD No. 2, and therefore, it is proposed that an election by property owner voters be conducted.

Each of the property owners in CFD No. 2 will be sent a “Wavier and Consent” which will allow them to waive all minimum time requirements relative to the formation of CFD No. 2. The property owners will then receive a special election ballot for the proposed CFD. No. 2. Prior to the public hearing on April 263, 2002 all of the ballots must be cast. As stated previously, each owner will have one vote per acre or portion thereof. The City must receive 100% return in favor of forming CFD No. 2 in order for the CFD to be formed at the April 23, 2002 Council Meeting.

If the City receives a 100% return in favor of forming CFD No. 2 and levying the special tax, then the City would be able to levy the special tax for CFD No. 2 for Fiscal Year 2002-03 and on.

FISCAL IMPACT
Currently the City does not have a revenue stream to support the maintenance and operation of open space or an increase in fire/emergency medical services staff needed due to growth within the City. CFD No. 2 would provide approximately $1,500 in revenue forIt is estimated revenue collected for Sewer Service Charge will be $1404,000 for Fiscal Year 2002-032003-04. FY2002-03 It is estimated revenue collected for the Water Service Standby Charge will be $108,000 for Fiscal Year 2002-032003-04.

with a steady increase to a projected $1,900,000 in FY2021-22. The proposed increase in revenue is due to anticipated new development within the City. After the initial formation of CFD No. 2 it will be required as a Condition of Approval that all new development within the City of Brentwood, both residential and commercial will be required to annex into CFD No. 2.

Attachments
Proposed Boundary Map for CFD No. 2
Resolution No. ____ Declaring Intention to Establish CFD No. 2
Exhibit A – Authorized Facilities
Exhibit B – Authorized Services
Exhibit C – Incidental Expenses and Bond Issuance Costs
Exhibit D – Rate and Method of Apportionment of Special Taxes
Exhibit E - Notice of Public Hearing
Resolution No. ____ Declaring the Necessity for Incurring a Bonded IndebtednessResolutions 2002-032002-03

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RENEWING THE ANNUAL SEWER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS FOR FISCAL YEAR 2002-032003-04


WHEREAS, Section 38902 of the California Government Code allows the establishment of an annual sewer service standby charge; and

WHEREAS, Title 13, Chapter 13.04, Section 13.04.055, of the Brentwood Municipal Code requires the collection of an annual sewer service charge of eighty dollars ($80.00) per year per vacant parcel of land; and

WHEREAS, in previous years the charge has been established at eighty dollars ($80.00) per parcel; and

WHEREAS, the City Council desires to establish the same charge for fiscal year 2002-032003-04; and

WHEREAS, a listing of the vacant parcels of land within the City limits is available for review at the Engineering Department; and

WHEREAS, the City has studied the current charge per parcel and has concluded that no change from the previous year’s charge is warranted. The charge does not exceed the reasonable cost of making available sewer 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 sewer service standby charge is imposed exclusively to finance the capital costs, or maintenance and operation expenses for the City’s sewer facilities and is imposed at the same rate as in the previous year; and

WHEREAS, this annual sewer service standby charge is an existing assessment under Article XIII D, Section 5(a) of the California Constitution and is therefore exempt from the procedure 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 sewer service standby charge of eighty dollars ($80.00) 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 24th day of June 20032 by the following vote:

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RENEWING THE ANNUAL WATER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS FOR FISCAL YEAR 2002-032003-04

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

WHEREAS, Ordinance No. 747 was passed on June 10, 2003, modifying the Brentwood Municipal Code, which will require the collection of an annual water service charge of sixty dollars ($60.00) per year per vacant parcel of land; and

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

WHEREAS, the City Council desires to establish the same charge for Fiscal Year 2002-032003-04; and

WHEREAS, a listing of the vacant parcels of land within the City limits is available for review at the Engineering Department; and

WHEREAS, the City has studied the current charge per parcel and has concluded that no change from the previous year’s charge is warranted. 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 is imposed as the same rate as in the previous year; 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 254th day of June 20032 by the following vote:

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