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CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: June 14, 2005

Subject/Title: Consideration of Resolutions renewing the Annual Sewer and Water Service Standby Charges on Vacant Parcels of Land within the City Limits.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution renewing the annual sewer service standby charge on vacant parcels of land within the City limits for Fiscal Year 2005/06, assessing the charge, and declaring that the charge be collected as part of the annual County property tax bill.

Approve a Resolution renewing the annual water service standby charge on vacant parcels of land within the City limits for Fiscal Year 2005/06, assessing the charge, and declaring that the charge be collected as part of the annual County property tax bill.

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 have been taken annually to approve Resolutions and collect both the sewer and water standby charges on the property tax roll.

BACKGROUND
California Government Code Sections 38902 and 38743 allows cities to fix annual sewer and water standby charges to apply to parcels for which service is made available, whether or not these parcels use the service. This assists in master planning of utility facilities to service the City at build out.

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 ensuing fiscal year. These charges are levied to assure future availability for sewer related service for vacant parcels. Each year, since Fiscal Year 1989/90, City Council has adopted a resolution assessing the charges at this rate per parcel.

In 2003, the City Council adopted 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 ensuing fiscal year. These charges are levied to assure future availability for water related service for vacant parcels.
FISCAL IMPACT
Estimated revenue collected for the Sewer Service Charge will be $108,000 for Fiscal Year 2005/06. Estimated revenue collected for the Water Service Standby Charge will be $81,000 for Fiscal Year 2005/06.

Attachments:
Resolutions

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 2005/06.

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 standby 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 vacant parcel; and

WHEREAS, City Council desires to establish the same charge for fiscal year 2005/06; 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 the charge does not exceed the reasonable cost of making sewer service and facilities available to vacant properties; and is representative of 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 14th day of June 2005 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 2005/06.

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 modifying the Brentwood Municipal Code, which will require the collection of an annual water service standby 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, City Council desires to establish the same charge for Fiscal Year 2005/06; 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 the charge does not exceed the reasonable cost of making water service and facilities available to vacant properties; and is representative of 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 14th day of June 2005 by the following vote:

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