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HomeMy WebLinkAbout05.a. Public hearing to adopt Ordinance No. 274 re reimbursement fees - Job 64135,0Q. PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES WHICH COULD CONNECT TO JOB 6413 (ALHAMBRA VALLEY ROAD) SUGGESTED AGENDA October 4, 2012 Request staff presentation. II. Public Hearing: A. Receive public comments. B. Request staff response, as appropriate. C. Close Public Hearing. III. Board deliberation regarding proposed ordinance to establish reimbursement fees for the properties which could direct connect to Job 6413 (Alhambra Valley Road) in unincorporated Martinez. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: October 4, 2012 Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES WHICH COULD CONNECT TO JOB 6413 (ALHAMBRA VALLEY ROAD) Submitted By: Russell B. Leavitt, Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Leavitt Initiating Dept. /Div.: Engineering /Environmental Services 1 yv, T. Brightbill J. Miy oto -Mills K. Alm Ann E. Farrell General Manager ISSUE: When a reimbursement fee is proposed for a property that could connect to a "special facility" or a "standard facility," the District Code requires that a public hearing be held prior to the Board of Directors' consideration of the fee for adoption. RECOMMENDATION: Conduct a public hearing to receive comments on the proposed Ordinance (uncodified) to establish reimbursement fees applicable to properties that could connect to Job 6413. Adopt the Ordinance. FINANCIAL IMPACTS: An administrative charge to recover District costs is paid by the installer for setup of the reimbursement account and for each fee collection transaction. ALTERNATIVESICONSIDERATIONS: Not applicable. BACKGROUND: The Job 6413 sewer is a "standard facility," as defined in the District Code. "Standard facilities" are public main sewers installed using conventional construction techniques, and ordinary appurtenances such as manholes and rodding inlets. To fairly and equitably distribute the cost for this facility, the District Code provides for the installers to be reimbursed for the proportion of cost allocable to other properties which connect to the sewers within 20 years of job acceptance by the District. Staff has drafted a proposed Ordinance (Attachment 1) to establish reimbursement fees for properties that can connect to this job's sewer. Exhibit A -1 of Attachment 1 shows the locations of reimbursement sewer and the properties that could connect to it. Job 6413 was one of two sewers constructed by the Creekside Oaks residential subdivision developer to serve his project. Job 5889 only serves the seven subdivision lots, while the subject Job 6413 serves both the subdivision lots and, incidentally, eight developed lots with frontage along the Alhambra Valley Road alignment of the Job 6413. (A ninth property is being used in conjunction with a N: \ENVRSEC \Position Papers \Leavitt\2012 \10- 4 -12 \PP Set Reimb Fees Job 6413- AlhamValRd 10 -4 -12 Final.doc Page 1 of 2 POSITION PAPER Board Meeting Date: October 4, 2012 subject CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES WHICH COULD CONNECT TO JOB 6413 (ALHAMBRA VALLEY ROAD) neighboring property, by the same owner, so it is not being counted as a separate parcel for the purpose of these calculations.) The District attempted to form the Creekside Oaks Alhambra Valley Assessment District (AVAD) No. 2007 -5 for this neighborhood in 2008. 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 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 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 requirements of the Special Approvals, including full payment of all other fees, including the District's indirect trunk sewer reimbursement, and have committed to pay the assessment or reimbursement for Job 6413 when established by the Board. The proposed reimbursement fees will be collected from property owners connecting to the sewer system. The collected fee will be held in a separate account, and will be disbursed to the installer of the project. Calculations of the proposed reimbursement fees are summarized in Exhibits B -1 of Attachment 1. The fees would be charged in addition to Capacity Fees and other District charges, such as those for permits, inspection and sewer service. The District Code requires that, once established, reimbursement fees be adjusted at least annually to account for the increase or decrease in value of the facilities due to inflation and depreciation. These fees may also be adjusted to account for differences between estimated and actual costs, and increases or decreases in the number of connections that may connect to the facilities. However, once a particular property has connected to the public sewer, and the fees have been paid, the District will not collect any additional reimbursement fees for that connection, nor refund any excess reimbursement fees which might otherwise be generated by future adjustments. Appropriate notices have been posted, and published in the Contra Costa Times. In addition, individual letter notices were mailed to the owners of all affected properties, as required by District Code. RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on the proposed Ordinance (uncodified) to establish reimbursement fees applicable to properties that could connect to Job 6413. Adopt the Ordinance. NAENVRSEMPosition Papers \Leavitt\2012 \104-12 \PP Set Reimb Fees Job 6413- AlhamValRd 104-12 Final.doc Page 2 of 2 ATTACHMENT 1 ORDINANCE NO. ayl (UNCODIFIED) AN ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT CAN CONNECT TO JOB 6413 (ALHAMBRA VALLEY ROAD, UNINCORPORATED MARTINEZ) STANDARD SEWER FACILITIES WHEREAS, the Central Contra Costa Sanitary District (District) Code Chapter 6.20 provides for reimbursement to installers of standard and special facilities from fees charged property owners when they apply to connect their property to the public sewer system; and WHEREAS, District Code Chapter 6.20 provides for the establishment of reimbursement accounts for constructed standard and special facilities; and WHEREAS, Job 6413 sewers, the location of which are shown in Exhibit A -1 of this ordinance, incorporated in full herein by this reference, are standard facilities as defined in District Code Chapter 6.20; and WHEREAS, reimbursement fees have been calculated by the method specified in District Code Chapter 6.20; these calculations are summarized in Exhibit B -1 of this Ordinance, incorporated in full herein by this reference; and WHEREAS, a properly noticed public hearing to receive comments on the proposed reimbursement fee was conducted at the District Board of Directors' regularly scheduled meeting on October 4, 2012, NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1 The reimbursement fees applicable to properties that can connect to Job 6413 standard sewer facilities, designated in Exhibit A -1, are hereby established. Said reimbursement fees have been calculated in the manner required by District Code Chapter 6.20, as set forth in Exhibit B -1 of this ordinance. Section 2 The reimbursement fees set forth in Exhibit B -1 of this ordinance shall be administered, adjusted, and collected according to the provisions of District Code Chapter 6.20. Section 3 Exhibits A -1 and B -1 hereto shall be maintained in the office of the Secretary of the District, and made available for inspection during the periods when the subject reimbursement fees are in effect. Ordinance No. 21Y Job 6413 Alhambra Valley Road Page 2 of 2 Section 4 This ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation within the District, and shall be effective on the eighth calendar day following such publication. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 4th day of October 2012, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District Exhibit B -1 Reimbursement Fee Calculation Job 6413, Alhambra Valley Road, Unincorporated Martinez Standard Facilities Reimbursement Costs: Construction $172,740 Engineering 24,343 District Fees 15,900 Subtotal $212,983 (Less Installer Properties' Share of Cost: 7/15) ($99,392) Total for Reimbursement $113,591 Number of Potential Connectors to Standard Facility: 8 direct connectors along Alhambra Valley Road Standard Facility Reimbursement per Residential Unit Equivalence (RUE): $113,591 / 8 parcels = $14,198.87 Properties to which Standard Facility Reimbursement Fees may apply: Street Address Assessor's Parcel No. No. of RUE Installer? Waive Fee? Potential Fee 301 Castle Creek Ct. 367- 140 -004 -6 1 No No Yes 300 Castle Creek Ct. 367- 140 -003 -8 1 No No Yes 21 Fallen Oak Ln. 365- 110 -024 -4 1 No No Yes 5235 Alhambra Valley Rd. 365- 110 -013 -7 1 No No Yes 5231 Alhambra Valley Rd. 365- 110 -007 -9 1 No No Yes 5225 Alhambra Valley Rd. 365- 110 -008 -7 1 No No Yes 5221 Alhambra Valley Rd. 365- 140 -002 -4 1 No No Yes Alhambra Valley Rd 365- 140 -003 -2 0 No Yes a Yes 5201 Alhambra Valley Rd. 365- 140 -004 -0 1 No No Yes (a) Reimbursement fee is waived at this time while this parcel is being used in conjunction with a neighboring property, by the same owner. A large barn straddles the property lines of the two parcels and a house is located on the other property, so this smaller parcel is not being counted as a separate parcel for the purpose of these calculations.