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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: June 10, 2008

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

Prepared by: Debra Galey, Management Analyst

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

RECOMMENDATION
Adopt a Resolution for the annual renewal of the sewer service standby charge on vacant parcels of land within the City limits for Fiscal Year 2008/09, assessing the charge, and declaring the charge be collected as part of the annual property tax bill.

Adopt a Resolution for the annual renewal of the water service standby charge on vacant parcels of land within the City limits for Fiscal Year 2008/09, assessing the charge, and declaring the charge be collected as part of the annual 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 for collection of both the sewer and water service standby charges on the property tax roll.

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

City Council adopted Ordinance No. 457, in 1989, and Ordinance No. 747, in 2003, to annually collect sewer and water service standby charges as part of the County property tax bill. Each subsequent year since the ordinances’ enactment, resolutions have been adopted assessing the charges as authorized in their applicable Government Code Sections and at the following rates; Sewer $80.00 per parcel, Water $60.00 per parcel.

These charges are levied to help ensure availability of utility service for every vacant parcel when necessary, by allowing the City to plan and design for capacity, distribution and collection facilities. Upon the parcel’s eventual commercial or residential development, facilities are available for connection into the City sewer and water systems.

FISCAL IMPACT
Revenue collected for the Sewer Service Charge is estimated at $120,000, for Fiscal Year 2008/09. Revenue collected for the Water Service Standby Charge is estimated at $90,000, for Fiscal Year 2008/09.

Attachments:
Resolutions

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR THE ANNUAL RENEWAL OF THE SEWER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS FOR FISCAL YEAR 2008/09.

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

WHEREAS, on July 25, 1989, City Council approved Ordinance No. 457, to establish the sewer service standby charge; and

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

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

WHEREAS, the sewer service standby charge is annually imposed to make sewer service and facilities available to every vacant parcel of land upon their future development; and

WHEREAS, this 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 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 10th day of June 2008 by the following vote:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR THE ANNUAL RENEWAL OF THE WATER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS FOR FISCAL YEAR 2007/08.


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

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

WHEREAS, Ordinance No. 747, sets the annual collection of a water service standby charge of sixty dollars ($60.00) per year per vacant parcel of land; and

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

WHEREAS, the water service standby charge is imposed annually to make water service and facilities available to every vacant parcel of land upon their future development; and

WHEREAS, this 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 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 10th day of June 2008 by the following vote:
 
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