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CITY COUNCIL AGENDA ITEM NO. 26

Meeting Date: April 24, 2007

Subject/Title: Adopt a Resolution approving the Final Engineer’s Report, Levying Assessments and Ordering Improvements in Randy Way Sewer Line Assessment District.

Prepared By: Debra Galey, Management Analyst

Submitted By: Bailey Grewal, Director of Public Works/City Engineer


RECOMMENDATION
Adopt a Resolution approving the Final Engineer’s Report, Levying Assessments and Ordering Improvements in Randy Way Sewer Line Assessment District and authorizing and directing related actions.

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.

On February 27, 2007, by Resolution Nos. 2007-34, 2007-35 and 2007-36, City Council initiated the Randy Way Sewer Line Assessment District and set the public hearing for April 24th 2007.

BACKGROUND
There are currently residents in the Randy Way neighborhood with septic systems in need of repair/upgrade and/or the desire to expand their residence over their current septic system capacity. Throughout the last year, the residents 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 form 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 thirty year bond term. Since the utilities specifically benefit the parcel of land, the assessment payback stays with the property itself, rather than with the property owner. In the case of the Randy Way neighborhood, the sewer line construction cost, in addition to district formation costs, are spread equally over the 34 parcels that will each have the ability to connect to, and be serviced from, this sewer line. Upon district formation and availability of funds, Pulte Homes who is developing the adjacent parcel, will construct the sewer line in conjunction with their project improvements as required by their Conditions of Approval (“COA”).

The resolution and Final Engineer’s Report included herewith, are the 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 conclude 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, 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 in the form of an official ballot, disclosure and notice of public hearing. At the close of tonight’s public hearing, if a majority of the ballots returned vote in favor of district formation, the district may then be formed with Council approval and assessments will apply to all property owners identified in the district. If the district is formed, a 30 day period will commence in which any of the property owners may pay the assessment amount in cash, rather than be included in the bond sale. At the end of the 30 day period, the remaining 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. Bond sale approval is scheduled for future Council action following the 30 day cash payment period.

If a majority of the property owner ballots returned DO NOT vote in favor of district formation, no further actions are required.

FISCAL IMPACT
All costs incurred for district formation will be included as a part of the Assessment District financing to be paid by the benefiting properties. Future administrative costs to the City will be covered by the Assessment District once it is formed.

Attachments:
Resolution
Final Engineer's Report


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FINAL ENGINEER’S REPORT, LEVYING ASSESSMENTS AND ORDERING IMPROVEMENTS IN RANDY WAY SEWER LINE ASSESSMENT DISTRICT AND AUTHORIZING AND DIRECTING RELATED ACTIONS.


WHEREAS, the City Council (the “City Council”) of the City of Brentwood (the “City”) has taken a series of actions preliminary to ordering the acquisition and/or construction of certain public improvements in Randy Way Sewer Line Assessment District, City of Brentwood, County of Contra Costa, State of California, which improvements are briefly described in Exhibit A attached hereto and incorporated herein (the “Improvements”); and

WHEREAS, the City Council has approved a map and adopted the boundaries shown on such map as describing the extent of the territory included in a proposed assessment district to be known as Randy Way Sewer Assessment District, City of Brentwood, County of Contra Costa, State of California (the “Assessment District”); and

WHEREAS, by its Resolution of Intention No. 2007-35, adopted on February 27, 2007, City Council has declared its intention to order the acquisition and/or construction of the Improvements and to levy a special assessment upon the land within the Assessment District, and has given notice of its intention to issue bonds, in accordance with the Improvement Bond Act of 1915 (the “1915 Act”), representing all unpaid assessments; and

WHEREAS, at the direction of the City Council, the City Engineer, as Engineer of Work for improvement proceedings in the Assessment District, has filed with the City Clerk the report prescribed in Section 10204 of the Streets and Highways Code (the “Preliminary Engineer's Report”); and
WHEREAS, by Resolution No. 2007-36 adopted on February 27, 2007, City Council preliminarily approved the Preliminary Engineer's Report and scheduled the public hearing as required by law for April 24, 2007; and

WHEREAS, notice of said hearing was given to property owners by mail, accompanied by the property owner assessment ballot, as required by law, as evidenced by the Certificate of Mailing which has been filed with the City Clerk; and

WHEREAS, prior to the public hearing on April 24, 2007, the City Engineer filed with the City Clerk a Final Engineer's Report (the “Final Engineer's Report”); and

WHEREAS, the public hearing was conducted as scheduled on April 24, 2007, and having provided opportunity for any interested person present to be heard, the hearing was closed; and

WHEREAS, the City Council finds and determines that, for purposes of the majority protest provisions of Section 53753 of the California Government Code, the assessment ballots signed and returned to the City Clerk prior to the close of the public hearing on April 24, 2007, represented _______ percent (___%) of the amount of the proposed assessment and _______ percent (___%) of the assessment ballots were in favor of the levy of the assessments as proposed, and that therefore there was not a majority protest; and


WHEREAS, the City Council finds and determines that the proposed assessment of the costs and expenses of the proposed improvements upon the respective parcels of land in the assessment district, as set forth in the Final Engineer's Report, represents a fair and equitable apportionment of such costs and expenses in proportion to the estimated benefits to be received by each parcel, respectively, from the improvements.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby find and determine as follows:

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

2. The City Council hereby finds and determines, based upon all of the information known to the City Council and presented in the record of these proceedings, that the recommendations set forth in the Final Engineer's Report are in conformity with legal standards and requirements and that the recommended assessment has been established in a fair and equitable manner reflecting the estimated benefit to the respective parcels in proportion to such estimated benefits.

3. The Final Engineer's Report filed by the Engineer of Work is hereby approved by the City Council without modification.

4. The proposed work and improvements, as described in the Final Engineer's Report, are hereby ordered.

5. The individual assessments, in the amounts stated in the Final Engineer’s Report, are hereby confirmed and levied, and this action is final as to all persons, in accordance with Section 10312 of the Streets and Highways Code.

6. The assessment diagram, as set forth in the Final Engineer’s Report, shall be filed for record in the Office of the County Recorder for Contra Costa County, as required by Section 3114 of the Streets and Highways Code; a notice of assessment, containing the matters required by said Section 3114 shall be prepared, executed and recorded by the City Clerk; and notice of recordation of assessment shall be given by publication and by mail in the form and manner required by Section 10404 of the Streets and Highways Code. The notice of recordation of assessment given by mail shall also prescribe the deadline for submission by or on behalf of any property owner of a cash payment to prepay, either in whole or in part, the assessment levied upon the property of such owner, pursuant to Sections 10403 and 10404 of the Streets and Highways Code.

7. Pursuant to Section 10603 of the Streets and Highways Code, the Director of Finance and Information Systems (the “Finance Director”) is hereby designated to collect and receive the cash payments from property owners on account of the assessments levied, and the Finance Director shall, upon the expiration of the prescribed 30-day cash payment period, submit to the Clerk a Certificate regarding Paid and Unpaid Assessments.

8. The City Council intends to proceed with authorization for the issuance and sale of limited obligation improvement bonds (the “Bonds”) pursuant to the Improvement Bond Act of 1915 upon the security of unpaid assessments, bearing interest at a rate not to exceed twelve percent (12%) per annum, with the last principal installment of the Bonds to mature not to exceed twenty-nine (29) years from the second day of September next succeeding twelve (12) months from their date.

9. This resolution shall take effect immediately.

PASSED APPROVED AND ADOPTED by the City Council of the City of Brentwood on this 24th day of April 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 lineal 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 special meeting of the City Council of said City duly held at the regular meeting place thereof on the 24th day of April, 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:
ABSTAINED:

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



City Clerk of
the City of Brentwood
 

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