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CITY COUNCIL AGENDA ITEM NO. 15

MEETING DATE: February 27, 2007

SUBJECT/TITLE: Consideration of Resolutions to initiate proceedings for the formation of Randy Way Sewer Line Assessment District; and setting a date of April 24, 2007, for the Assessment District Formation Public Hearing.

PREPARED BY: Public Works: D. Galey

SUBMITTED BY: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution declaring official intent to reimburse certain expenditures from proceeds of indebtedness.

Adopt a Resolution declaring the intention to order improvements in Randy Way Sewer Line Assessment District, approving the proposed Boundary Map and appointing an Engineer of Work, Bond Counsel and Underwriter.

Adopt a Resolution preliminarily approving the Engineer’s Report, setting the date of April 24, 2007 at 7:00 p.m. for Public Hearing of protest and providing for property owner assessment ballots for Randy Way Sewer Line Assessment District.

PREVIOUS ACTION
On May 9, 2006, City Council directed the City Engineer to proceed with Assessment District financing for funding the construction of sewer utilities to service the Randy Way neighborhood and include potential legal expenses as a part of the Assessment District funding.

BACKGROUND
Over the last few months, residents in the Randy Way neighborhood have met with City staff regarding their interest in sewer utility main line construction to serve their neighborhood. Since these utilities are not master planned and would serve only their neighborhood, the residents were informed that the associated construction would be their financial obligation. Through execution of a written interest letter, the majority of the neighborhood has requested the City to proceed with the formation of an Assessment District for the purpose of financing the sewer line construction.

Assessment District financing has been a common practice in the City for many years, with developers and the City working together to fund infrastructure. Through an Assessment District, financing for the construction cost of public infrastructure is accomplished through the sale of municipal bonds with a payback on the benefiting property’s tax bill over a 30 year bond term. Since the utilities specifically benefit the parcel of land, the assessment payback would remain with the property rather than with the property owner, if title to the property was to be transferred, for example. In the case of the Randy Way neighborhood, the sewer line construction costs, in addition to district formation costs, are spread equally over the 34 parcels that will each have the ability to connect to this sewer line. Pulte Homes, who is developing the adjacent parcel, will construct the sewer line in conjunction with their project improvements, pursuant to their Conditions of Approval upon formation of this District and the availability of funds.
The Resolutions and Preliminary Engineer’s Report included herewith, are the initial actions required by the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 (Divisions 12 and 10 of the Streets and Highways Code) to start the process of formation of the Randy Way Sewer Line Assessment District. The Engineer’s Report identifies all costs associated with the construction and district formation, and identifies all parcels, the benefit to the parcels and the proposed assessment to each property owner. Each property owner has been previously provided this information. Approval of these initial actions will trigger mailing of an official ballot, disclosure and notice of public hearing to each property owner and set the date of the Public Hearing for April 24th. At the Public Hearing, if a majority of the ballots returned vote in favor of district formation, the district may then be formed, and assessments will apply to all property owners identified in the district. If the district is formed, there will be a 30 day period in which any of the property owners may pay the assessment amount in cash, rather than placing an assessment on their property. At the end of the 30 day period, any assessment amount not paid in cash will then be included in the bond sale and able to be paid over the 30 year term of the bond.

FISCAL IMPACT
All costs incurred for district formation and administration is included as a part of the Assessment District financing to be paid by the benefiting properties, as outlined in the Engineer’s Report.

Attachments:
Resolutions (3)
Proposed Boundary Map
Form of Notice of Public Hearing
Form of Property Owner Ballot
Preliminary Engineer's Report

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS.

WHEREAS, the City of Brentwood ("City") intends to acquire and/or construct certain public improvements (“Project”) in its Randy Way Sewer Line Assessment District as described in Exhibit “A” attached hereto; and

WHEREAS, the City expects to pay certain expenditures ("Reimbursement Expenditures") in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long-term basis; and

WHEREAS, the City reasonably expects that debt obligations in an amount not expected to exceed $950,000 will be issued and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are true and correct, and this City Council so finds and determines.

Section 2. This declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the United States Treasury Regulations. This declaration does not bind the City to make any expenditure, incur any indebtedness, or proceed with the Project.

Section 3. The City hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures.

Section 4. This Resolution shall take effect from and after its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of February 2007 by the following vote:

EXHIBIT “A”

RANDY WAY SEWER LINE ASSESSMENT DISTRICT
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
DESCRIPTION OF IMPROVEMENTS

The improvements in the Randy Way Sewer Line Assessment District (“Assessment District”) include the construction of approximately 2,915 linear feet of 8” sewer main, manholes, standard residential sewer laterals and related appurtenances, including pavement restoration, to service 34 residential properties. In addition, the Assessment District includes the prepayment of City Wastewater Facilities Fees to fund improvements to the City’s wastewater treatment system.

CLERK'S CERTIFICATE
I, Margaret Wimberly, City Clerk of the City of Brentwood, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 27th day of February, 2007, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
An agenda of said meeting was posted at least 72 hours before said meeting at City Hall, 150 City Park Way, Brentwood, California 94513, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.
Dated: ___________________, 2007
__________________________________
Margaret Wimberly, CMC, City Clerk
City of Brentwood

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE INTENTION TO ORDER IMPROVEMENTS IN RANDY WAY SEWER LINE ASSESSMENT DISTRICT, APPROVING THE PROPOSED BOUNDARY MAP AND APPOINTING AN ENGINEER OF WORK, BOND COUNSEL AND UNDERWRITER.

WHEREAS, under the authority of the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), this City Council intends to order the acquisition and/or construction of the improvements described in Exhibit “A”, attached hereto and by this reference incorporated herein, all of which are situated within the proposed Randy Way Sewer Line Assessment District, City of Brentwood, County of Contra Costa, State of California; and

WHEREAS, this City Council of the City of Brentwood (“City”) finds that the land specially benefited by the improvements is shown within the boundaries of the map entitled, “Proposed Boundary of Randy Way Sewer Line Assessment District, City of Brentwood, County of Contra Costa, State of California,” a copy of which is on file with the City Clerk. The land within the exterior boundary shown on the map shall be designated “Randy Way Sewer Line Assessment District, City of Brentwood, County of Contra Costa, State of California;” and

WHEREAS, this City Council desires to appoint an Engineer of Work, Bond Counsel and Underwriter to enable the City to pursue said proceedings and financing.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. This City Council approves the map and adopts the boundary shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Randy Way Sewer Line Assessment District, City of Brentwood, County of Contra Costa, State of California.

Section 3. This City Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code.

Section 4. This City Council directs the City Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts.

Section 5. This City Council intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvements.

Section 6. Where any disparity occurs in level or size between the improvements and private property, this City Council determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner.

Section 7. This City Council intends to enter into an agreement with any appropriate public agency or utility company, under the provisions of Section 10109 and following of the Streets and Highways Code, to the extent that the work and improvements to be undertaken will include facilities which are to be under the ownership, management and control of such public agency or utility company.

Section 8. This City Council intends, pursuant to subparagraph (f) of Section 10204 of the California Streets and Highways Code, to provide for an annual assessment upon each of the parcels of land in the proposed assessment district to pay various costs and expenses incurred from time to time by the City and not otherwise reimbursed to the City which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.

Section 9. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not to exceed twenty-nine (29) years from the second day of September next succeeding twelve (12) months from their date.

Section 10. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1, Division 10, of the Streets and Highways Code of the State of California.

Section 11. The City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds.

Section 12. This City Council intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Part 7.5 of Division 4 of the California Streets and Highways Code. The Engineer of Work is directed to include in the written engineer's report all of the information required by Section 2961 of the California Streets and Highways Code.

Section 13. This City Council appoints the City Engineer of the City as Engineer of Work for this project, and directs the preparation of the report containing the matters required by Section 10204 of the Streets and Highways Code, as supplemented by Section 4 of Article XIIID of the California Constitution.

Section 14. The firm of RBC Capital Markets is hereby appointed Underwriter for said financing in accordance with an agreement entered into between the City and RBC Capital Markets, a copy of which agreement is on file with the City Clerk.

Section 15. The firm of Orrick, Herrington & Sutcliffe LLP is hereby appointed Bond Counsel for said financing in accordance with an agreement entered into between the City and Orrick, Herrington & Sutcliffe LLP, a copy of which agreement is on file with the City Clerk.

Section 16. The amount of any surplus remaining in the improvement fund after completion of the improvements and payment of all claims shall be distributed in accordance with the provisions of Section 10427.1 of the Streets and Highways Code.

Section 17. This Resolution shall take effect immediately upon its passage.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of February 2007 by the following vote:

EXHIBIT “A”

RANDY WAY SEWER LINE ASSESSMENT DISTRICT
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA

Description of Improvements

The improvements in the Randy Way Sewer Line Assessment District (the “Assessment District”) include the construction of approximately 2,915 linear feet of 8” sewer main, manholes, standard residential sewer laterals and related appurtenances, including pavement restoration, to service 34 residential properties. In addition, the Assessment District includes the prepayment of City Wastewater Facilities Fees to fund improvements to the City’s wastewater treatment system.

CLERK'S CERTIFICATE
I, Margaret Wimberly, City Clerk of the City of Brentwood, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 27th day of February, 2007, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
An agenda of said meeting was posted at least 72 hours before said meeting at City Hall, 150 City Park Way, Brentwood, California 94513, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.
Dated: ___________________, 2007
__________________________________
Margaret Wimberly, CMC, City Clerk
City of Brentwood

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD PRELIMINARILY APPROVING THE ENGINEER’S REPORT, SETTING THE DATE FOR PUBLIC HEARING OF PROTESTS AND PROVIDING FOR PROPERTY OWNER ASSESSMENT BALLOTS FOR RANDY WAY SEWER LINE ASSESSMENT DISTRICT.

WHEREAS, at the direction of this City Council, the City Engineer of the City of Brentwood, as Engineer of Work for improvement proceedings in Randy Way Sewer Line Assessment District, City of Brentwood, County of Contra Costa, State of California, has filed with the City Clerk the report described in Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913, hereafter in this resolution referred to as “the Act”), and containing the matters required by Article XIIID of the California Constitution (“Article XIIID”), and it is appropriate for this Council to preliminarily approve said report and to schedule the public hearing of protests respecting said report. A brief description of the public improvements as described in said report is attached hereto as Exhibit “A”.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The foregoing recital is true and correct, and the City Council so finds and determines.
Section 2. This City Council preliminarily approves the report without modification, for the purpose of conducting a public hearing of protests as provided in the Act, Article XIIID, and Section 53753 of the California Government Code. Said report shall stand as the report for the purpose of all subsequent proceedings under the Act and Section 53753, except that it may be confirmed, modified, or corrected as provided in the Act.
Section 3. This City Council hereby sets 7:00 o’clock p.m. or as soon thereafter as the matter may be heard, on April 24, 2007, in the Council Chambers at 734 Third Street, Brentwood, California 94513, as the time and place for a public hearing of protests to the proposed public improvements, the proposed levy of assessments, the amounts of individual assessments, and related matters as set forth in said report, and any interested person may appear and object to said public improvements, or to the extent of said assessment district or to said proposed assessment.
Section 4. The City Clerk is hereby directed to cause a notice of said public hearing to be given by mailing notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753, and upon the completion of the mailing of said notices and assessment ballots, the City Clerk is hereby directed to file with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of law for mailing said notices and assessment ballots.
Section 5. Balwinder S. Grewal, Director of Public Works/City Engineer of the City of Brentwood, 120 Oak Street, Brentwood, California 94513, telephone (925) 516-5420, is hereby designated to answer inquiries regarding the protest proceedings.
Section 6. This Resolution shall take effect immediately upon its passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of February 2007 by the following vote:

EXHIBIT “A”

RANDY WAY SEWER LINE ASSESSMENT DISTRICT
CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA

Description of Improvements

The improvements in the Randy Way Sewer Line Assessment District (“Assessment District”) include the construction of approximately 2,915 linear feet of 8” sewer main, manholes, standard residential sewer laterals and related appurtenances, including pavement restoration, to service 34 residential properties. In addition, the Assessment District includes the prepayment of City Wastewater Facilities Fees to fund improvements to the City’s wastewater treatment system.

CLERK'S CERTIFICATE
I, Margaret Wimberly, City Clerk of the City of Brentwood, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 27th day of February, 2007, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
An agenda of said meeting was posted at least 72 hours before said meeting at City Hall, 150 City Park Way, Brentwood, California 94513, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.
Dated: ___________________, 2007
__________________________________
Margaret Wimberly, CMC, City Clerk
City of Brentwood
 

City Administration
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov