HomeMy WebLinkAbout04.i. Set public hearing to receive comments on reimbursement fees for Job 6413Central Contra Costa Sanitary District •
BOARD OF DIRECTORS •
POSITION PAPER
Board Meeting Date: September 6, 2012
Subject: ESTABLISH OCTOBER 4, 2012 AS THE DATE FOR A PUBLIC HEARING
TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE
PROPERTIES WHICH COULD DIRECTLY CONNECT TO JOB 6413 (ALHAMBRA
VALLEY ROAD) IN UNINCORPORATED MARTINEZ
Submitted By: Initiating Dept./Div.:
Russell Leavitt, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
L-1 OM — W -
R. Leavitt T. Brightbill J. Mi amotd -Mills Ann E. arrell
General Manager
ISSUE: When a reimbursement fee is proposed for properties that could connect to a
Special Facility or a Standard Facility installed by the District or private individuals, the
District Code requires a public hearing be held prior to the Board of Directors' adoption
of the fee.
RECOMMENDATION: Establish the Board's regularly scheduled meeting on
October 4, 2012, as the date for a public hearing to receive comments on proposed
reimbursement fees for properties which could connect to Job 6413 (Alhambra Valley
Road) in unincorporated Martinez.
FINANCIAL IMPACTS: None related to this action. If the recommended fees are
established by the Board following the public hearing, the private installer will recover
his investment in the sewer facilities over time as connections occur.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: In 2007, a residential developer, Mr. John Curtis, constructed a
public main sewer on Alhambra Valley Road, from the Reliez Valley Road intersection
west to his subdivision at Creekside Oaks. The sewer was constructed to serve seven
residential lots in the Creekside Oaks subdivision, north of Alhambra Valley Road, as
well as eight properties owned by others along the Alhambra Valley Road sewer route.
(A ninth property is being used in conjunction with a neighboring property, by the same
owner, so it is not currently being counted as a separate parcel.) In order to offer
Alhambra Valley Assessment District (AVAD) financing to these eight property owners,
the District attempted to form the Creekside Oaks AVAD No. 2007 -5 in 2008. The
AVAD was to use the reimbursement for Job 6413 as the basis of the assessment, as
well as allow the property owners to finance their District Alhambra Valley indirect trunk
sewer reimbursement, annexation fee, and capacity fees. The private sewer installer
agreed to hold off establishment of a reimbursement fee at that time, under the shared
assumption that reimbursement would occur through the AVAD. The Board initiated
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POSITION PAPER
Board Meeting Date: September 6, 2012
subject ESTABLISH OCTOBER 4, 2012 AS THE DATE FOR A PUBLIC HEARING
TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE
PROPERTIES WHICH COULD DIRECTLY CONNECT TO JOB 6413 (ALHAMBRA
VALLEY ROAD IN UNINCORPORATED MARTINEZ
formation of the AVAD, staff prepared an Engineer's Report and distributed it for public
review, and a Proposition 218 balloting was conducted. The AVAD, however, was not
formed at that time, because there was insufficient property owner support. The matter
was postponed until sufficient support could be garnered.
Over the intervening years, four of the eight property owners have proceeded to
connect to Job 6413 through Special Approval allowed by staff, the most recent
occurring in August 2012. These owners have complied with the financial requirements
of the Special Approvals, consisting of full payment of all fees, including the District's
indirect trunk sewer reimbursement, and a commitment to pay the assessment or
reimbursement for Job 6413 when established by the Board. At this time, staff believes
the appropriate action would be for the Board to set the reimbursement fee for Job
6413, so that the private installer may be reimbursed.
The District Code requires that a notice of public hearing be mailed to owners of
properties to which the reimbursement fee could be applicable at least ten days in
advance of the date set for the hearing. The notice is to include a general description
of the reimbursement fee program, a description of the facility which gives rise to the
proposed fee, and the amount of the proposed fee.
RECOMMENDED BOARD ACTION: Establish the Board's regularly scheduled
meeting on October 4, 2012, as the date for a public hearing to receive comments on
proposed reimbursement fees for properties which could connect to Job 6413
(Alhambra Valley Road) in unincorporated Martinez.
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