HomeMy WebLinkAbout05.a. Public hearing re reimbursement fees for Calmar Vista Road sewer in DanvilleS. Ct 0
PUBLIC HEARING TO RECEIVE COMMENTS
ON A PROPOSED ORDINANCE
TO ESTABLISH A REIMBURSEMENT FEE FOR JOB 6508
SUGGESTED AGENDA
March 19, 2015
Request staff presentation
II. Public Hearing
a. Open public hearing.
b. Receive public comments.
c. Request staff response, as appropriate.
d. Close public hearing.
III. Board deliberation regarding proposed ordinance to establish a
reimbursement fee for Job 6508.
IV. Recommended Action: Adopt the ordinance (uncodified) to establish
reimbursement fees for applicable properties that could connect to Job 6508
sewers.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 19, 2015
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 6508 ON CALMAR VISTA ROAD IN
DANVILLE
Submitted By: Initiating Dept. /Div.:
Earlene Millier, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
T. Brightbill — Senior Engineer
D. Gemmell — Environmental Services Division Manager
JM. Petit — Director of Engineering
Kent Alm
Counsel for the D
Roger S. Bailey
General Manager
ISSUE: When a reimbursement fee is proposed for a property tha`t'could connect to a
"special facility" or a "standard facility ", 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 a reimbursement fee applicable to properties that
could connect to Job 6508. 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.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: Job 6508 is a "standard facility" as defined in the District Code.
District Code Section 6.20.010.1 defines "standard facilities" as public main, local street
and collector sewers installed using conventional construction techniques, and ordinary
appurtenances to such public sewers, such as manholes and rodding inlets.
To fairly and equitably distribute the cost for these facilities, District Code provides for
the installer to be reimbursed for the proportion of cost allocable to other properties
which connect to the sewers within 20 years of project acceptance by the District. Staff
has drafted a proposed Ordinance (Attachment 1) to establish a reimbursement fee for
properties that connect to this project's sewers. Exhibit A shows the location of the
project and the properties that could connect to the project's sewer. The proposed
reimbursement fee will be collected from property owners if and when they connect their
properties to the sewer system. The collected fee will be held in a separate account,
and will be disbursed to the installer of the project.
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Public Hearing Reimb 6508 Calmar Vista 3 -19 -15 Draft (2).docx
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POSITION PAPER
Board Meeting Date: March 19, 2015
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 6508 ON CALMAR VISTA ROAD IN DANVILLE
Calculation of the proposed reimbursement fee is summarized in Exhibit B 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.
District Code requires that 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. Connection of an additional
living unit on the same parcel, however, would, in most cases, require payment of an
additional reimbursement fee, although that fee would be adjusted downward because
of the increase in the number of living units that could potentially connect to the sewer.
Additional informational material is attached to this position paper, including the
Reimbursement Account Application and Informational Handout, and District Code
sections related to reimbursement accounts.
Appropriate notices have been posted and published in the Contra Costa Times and the
San Ramon Valley Times. In addition, individual letter notices were mailed to the
owners of all affected properties, as required by District Code.
COMMITTEE RECOMMENDATION: The Finance Committee considered this matter at
their January 12, 2015 meeting and recommended approving the reimbursement
account.
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on
the proposed ordinance (uncodified) to establish reimbursement fees for applicable
properties that could connect to Job 6508 sewers. Adopt the Ordinance.
Attached Supporting Documents:
1. Ordinance and Exhibits A and B
2. Reimbursement Application and Agreement for a Standard Facility
3. Reimbursement Program informational handout
4. District Code Sections related to reimbursements
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Page 2 of 2
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE (UNCODIFIED) TO ESTABLISH A REIMBURSEMENT FEE
APPLICABLE TO PROPERTIES THAT CONNECT TO JOB 6508 (CALMAR VISTA ROAD,
DANVILLE) 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 6508 sewers, the location of which is shown in Exhibit A 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, which calculations are summarized in Exhibit B 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 March 19, 2015,
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 connect to Job 6508 standard
facilities, designated in Exhibit A 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 of this ordinance.
Section 2
The reimbursement fees set forth in Exhibit B of this ordinance shall be administered,
adjusted, and collected according to the provisions of District Code Chapter 6.20.
Section 3
Exhibits A and B 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 fee is in effect.
Ordinance No.
Page 2of2
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 19th day of March 2015, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors,
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED
Elaine R. Boehme
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to Form:
Kenton L. Alm
Counsel for the District
Exhibit A
Job 6508 — Calmar Vista Road, Danville
1
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41
Fil Connecting Parcel
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Exhibit B
Reimbursement Fee Calculation
Job 6508, Calmar Vista Road, Danville
Standard Facility Reimbursement Costs:
Construction
$341,200
Engineering
17,840
District Fees
Potential
Fee
Plan Review
2,434
Inspection
15,826
Account set up
1,174
Total $378,474
Number of Potential Connections to the Standard Facility:
11 Residential Unit Equivalents (RUEs)
Standard Facility Reimbursement Fee per RUE:
$378,474 / 11 RUEs = $34,406.73 per RUE
Properties to which Standard Facility Reimbursement Fee may apply:
Address
Assessor's
Parcel Number
(APN)
Number
of RUEs
Installer-
owned
Fee
Waived
Potential
Fee
691 Calmar Vista
201 - 220 -018
1
no
no
yes
695 Calmar Vista
201 - 220 -017
1
no
no
yes
705 Calmar Vista
201 - 210 -008
1
no
no
yes
713 Calmar Vista
201 - 210 -019
1
no
no
yes
715 Calmar Vista
201 - 210 -020
1
no
no
yes
717 Calmar Vista
201 - 210 -029
1
yes
n/a
no
721 Calmar Vista
201 - 210 -028
1
yes
n/a
no
733 Calmar Vista
201 - 210 -014
1
no
no
yes
306 Cordell Drive
201 - 152 -008
1
no
no
yes
300 Cordell Drive
201 - 152 -009
1
no
no
yes
338 Harper Lane
201 - 210 -025
1
no
no
yes
Total
11
9
ATTACHMENT 2
REIMBURSEMENT APPLICATION AND AGREEMENT FOR A
STANDARD FACILITY
Pursuant to the requirements of Central Contra Costa Sanitary District (CCCSD) Code Chapter 6.20, the
installer(s) listed below hereby apply for the establishment of a Standard Facility Reimbursement Account for
CCCSD Job No. b so �, .
Installer(s) Information:
% of Fee *: /"5 �' /°
Mailing Address: 5_2 -2— (1,j s A,, � 4c , 7 S, , /t/,a P'a 5 Z/ s s e
Street City Zip Code
Phone: J-5-21 email address:
By signing this application, Installer agrees to abide by the provisions of the Reimbursement Program (CCCSD Code
Chapter 6.20) and generally described in the Reimbursement Program handout (attached). Installer agrees to keep
CCCSD informed of any change of address or designated recipient and acknowledges that any funds in the Reimbursement
Account may be forfeited and the account closed if CCCSD is unable to locate the Installer by sending written notification to
the last address provided by the Installer to CCCSD. Closure of the account dissolves any and all claims the Installer may
have had to the funds, and CCCSD's collection of reimbursement fees for the standard facility will cease. Installer further
acknowledges that the reimbursement account will automatically expire on the 201h anniversary of CCCSD's acceptance of
the standard facility and CCCSD's collection of reimbursement fees will cease on such expiration date. Any funds
remaining in the account as of the expiration date will be disbursed, and the reimbursement account will then be closed.
r
Signature Date
' Percentage of reimbursement fee to be paid to this installer.
Name: 4'.'7 % of Fee *:
Mailing Address:
Phone:
Street City Zip Code
email address:
By signing this application, Installer agrees to abide by the provisions of the Reimbursement Program (CCCSD Code
Chapter 6.20) and generally described in the Reimbursement Program handout (attached). Installer agrees to keep
CCCSD informed of any change of address or designated recipient and acknowledges that any funds in the Reimbursement
Account may be forfeited and the account closed if CCCSD is unable to locate the Installer by sending written notification to
the last address provided by the Installer to CCCSD. Closure of the account dissolves any and all claims the Installer may
have had to the funds, and CCCSD's collection of reimbursement fees for the standard facility will cease. installer further
acknowledges that the reimbursement account will automatically expire on the 20#1 anniversary of CCCSD's acceptance of
the standard facility and CCCSD's collection of reimbursement fees will cease on such expiration date. Any funds
remaining in the account as of the expiration date will be disbursed, and the reimbursement account will then be closed.
Signature Date
' Percentage of reimbursement fee to be paid to this installer,
Note: If more installers are to be included on the reimbursement account, attach
additional application form pages.
Revised November 19, 2007
ATTACHMENT 3
1 Central Contra Costa Sanitary District
PT.LKtiu7 gubiic health and the environment 5079 ImI76ff Plane, Martinez, C4 94553-4392
Reimbursement Program
INTRODUCTION
As the need for sanitary sewer service within the Central Contra Costa Sanitary District
(CCCSD) increases, sewer mains need to be extended to serve these new properties.
The costs associated with the engineering and construction of the sewer facilities
necessary to serve the development or property is typically borne by the property
owner(s) or developer (Installer) needing service. In many cases, the extension of the
sanitary sewer main may also serve properties that did not contribute to the cost of the
new sewer facilities. CCCSD has developed a reimbursement program to permit the
Installers to recoup a portion of the cost of the sewer facilities when non - contributors
connect to the system.
Generally, the reimbursement fee that applies to any given sewer facility is determined
by taking into consideration the actual cost of construction, engineering costs, zoning
regulations, CCCSD fees, the potential service area, and the number of potential
connections to the sewer facility. The reimbursement fee is calculated by dividing the
total number of possible connections (units of use) into the value of the sewer facilities.
In some cases reimbursement fees cannot be equitably determined by using the unit of
use (number of connections) concept. In instances where property usages are not
uniform (residential, commercial, industrial), reimbursement fees may be established
using other methods that result in an equitable sharing of the cost of the sewer facility.
TYPES OF REIMBURSEMENT FACILITIES
Reimbursement fees may be established for "standard facilities" and /or "special
facilities." Standard facilities are defined as public mains, local street and collector
sewers that are installed using conventional construction techniques, and ordinary
appurtenances, such as manholes and rodding inlets.
"Special Facilities" are defined as public trunk sewers, interceptor sewers, pumping
stations, or public mains, local street and collector sewers that require special,
unconventional installation techniques, such as tunnels, microtunnels, creek or channel
crossings requiring bridges, trestles, culverts, and /or channel modifications, greater than
20 -foot trench depth requiring use of trenchless technologies and /or unusually costly
shoring or traffic control measures, or other nonstandard appurtenances of unusually
high cost.
Revised November 19, 2007 Page 1 ® Recycled Paper
ELIGIBILITY TO ESTABLISH REIMBURSEMENT FEES
The Installer of a public sewage facility that is considered a standard facility may apply
to establish a reimbursement fee and account for the facility by making the post -
construction submittals as specified below. These post construction submittals need to
be received by CCCSD within six months of the project acceptance date. Following this
six month period, the Installer is no longer eligible to establish a reimbursement
account.
CCCSD will determine whether establishing a reimbursement fee and account is
justified by evaluating submittals from the Installer. If CCCSD determines that
properties other than those owned or to be developed by the Installer could reasonably
be physically connected directly to the facility in the case of standard facilities, or could
reasonably be served by the facility in the case of special facilities, the Installer will be
eligible to establish a Reimbursement Account.
INSTALLER SUBMITTALS
Standard Facilities:
No later than six months after CCCSD's acceptance of a standard facility, the Installer
shall submit all of the following to CC,CSD:
1. Reference the CCCSD job number, map grid, and location of the facilities.
2. A scale map delineating the standard facility as well as all parcels that could
reasonably be physically connected directly to the standard facility.
3. A list of all parcels that could reasonably be physically connected directly to the
standard facility, including each owner's name, address, county assessor's parcel
number, and current zoning.
4. A statement disclosing any agreements regarding the sharing of the standard
facility costs or the sharing of the reimbursement fees that exist between the
Installer and any other party or parties.
5. Completed and signed waiver forms for those properties for which the Installer is
allowing connection to the standard facility without payment of the
reimbursement fee to CCCSD.
6. Contracts and receipts documenting to the satisfaction of CCCSD the actual
costs of engineering, right -of -way, construction and bonds for the standard
facility.
7. Payment of the current Reimbursement Account setup fee.
Special Facilities:
To provide for evaluation and approval of reimbursements for a special facility prior to
the issuance of a CCCSD permit for the construction of the facility, the prospective
Revised November 19, 2007 Page 2
Installer shall submit all of the following to CCCSD at least 30 days prior to the time of
his /her application for the permit:
1. A scale map delineating the special facility, as well as all parcels that could
reasonably be served by the special facility.
2. A list of all parcels that could reasonably be served by the special facility
including each owner's name, address, county assessor's parcel number, and
current zoning.
3. A statement disclosing any agreements regarding the sharing of the special
facility costs or the sharing of the reimbursement fees that exist between the
Installer and any other party or parties.
4. Estimates satisfactory to CCCSD of the costs of engineering, right -of -way,
construction, and bonds for the special facility.
5. Completed and signed waiver forms for those properties for which the Installer is
allowing connection to the special facility without payment of the reimbursement
fee to CCCSD.
6. Payment of the current Reimbursement Account setup fee.
In addition to the preconstruction submittals as specked above, the Installer shall
submit all of the following to CCCSD no later than six months after CCCSD's
acceptance of the special facility:
1. Contracts and receipts documenting to the satisfaction of CCCSD that actual
cost of engineering, right -of -way, construction, and bonds for the special facility.
2. Updated copies of maps, parcel lists, and statements regarding existing
agreements for the sharing of the special facility costs and the sharing of the
reimbursement fees.
REIMBURSEMENT FEES AND ACCOUNTS
The Engineering News Record (ENR) Construction Cost Index for the San Francisco
Bay Area is used to adjust the value of facilities along with an annual adjustment for
depreciation based on the useful life of the standard or special facility. The useful life of
the standard or special facilities is 75 years for sewers and 40 years for pumping
stations.
Reimbursement fees are collected by CCCSD at the time sewer connection fees are
collected from non- installer parcels. Each reimbursement fee is assessed a transaction
fee and the remainder is placed in a special segregated account for each facility project.
CCCSD will then notify each Installer by U.S. mail to the last known address of the
Installe of any funds collected from connectors. Upon written request by the Installer,
CCCSIJ will disburse accumulated funds. It is the Installer's responsibility to keep
CCCSD informed of his or her current address. Failure to do so may result in the
ultimate forfeiture of all accumulated funds.
Revised November 19, 2007 Page 3
If a request for disbursement of funds is not received from the Installer after the initial
notification plus two additional yearly notifications by CCCSD, or if the Installer cannot
be located following due diligence on the part of CCCSD, the funds will become the
property of CCCSD in accordance with general law, CCCSD will close the
Reimbursement Account and either refund the collected monies to the connectors or
deposit the reimbursement funds in CCCSD's Sewer Construction Fund. Closure of the
account and deposit dissolves any and all claims the Installer may have had to the
reimbursement funds, and CCCSD's collection of reimbursement fees for the standard
or special facility will cease.
EXPIRATION OF REIMBURSEMENT FEES
Each reimbursement fee adopted by the Board of Directors will automatically expire on
the twentieth anniversary of the date of CCCSD's acceptance of the standard or special
facility for which the reimbursement fee was established. CCCSD's collection of such
reimbursement fees will cease on such expiration date. Any funds remaining in the
account as of the expiration date will be disbursed, and the reimbursement fee account
will be closed.
Revised November 19, 2007 Page 4
Central Contra Costa Sanitary District, CA Code of Laws
ATTACHMENT 4
Chapter 6.20 - REIMBURSEMENT FEES
Sections:
6.20.010 - Policy statement, findings, declaration of purpose and definitions.
A. It is the policy of the District that public sewage facilities be designed and installed to provide for gravity wastewater utility
service to the ultimate tributary service area projected for such facilities, and that the costs for such facilities be fairly and
equitably distributed among those customers who will use the facilities.
B. The Board of Directors finds:
That it is in the public interest for the District to require installers to design and construct public sewage facilities
having capacity which exceeds the need attributable to and reasonably related to development of their property to
avoid replacement of existing, or construction of additional parallel public sewage facilities to serve properties not
provided capacity when the public sewers were first designed and constructed, since such replacement or additional
construction results in:
a. Increased District capital, operations and maintenance expense;
b. Public inconvenience;
c. Reduction in the efficiency of collection system operations; and
d. Potential public health hazards.
2. That construction of public sewage facilities which are sized and designed to provide wastewater utility service to
properties other than those owned or to be developed by the installer is necessary for orderly and proper extension
of wastewater utility service to all such properties which could reasonably be served.
3. That it is therefore necessary to require installers to design and construct public sewage facilities having capacity
which exceeds the need attributable to and reasonably related to development of their property.
4. That the cost of public sewage facilities should be fairly and equitably distributed among those customers who will
ultimately use the facilities, so that the incremental cost to properly size and design such facilities does not prevent
the installation of proper public sewage facilities consistent with the policy stated in this section.
5. That rebate accounts, and rebate amounts established under prior ordinances, before June 1, 1998, remain in full
effect and shall be considered to be reimbursement accounts, and reimbursement amounts under this chapter.
The purpose of this chapter is to require that public sewage facilities have adequate capacity and are configured to
handle the sewage flow from the property which could reasonably be served by the facilities, and to provide for fair and
equitable distribution of the costs of such facilities through a reimbursement program. The rules and procedures for
establishment of reimbursements, and the collection and disbursement of reimbursement funds are governed by this
chapter.
D. The following definitions apply to this chapter:
1. "Standard facilities" means public main, local street and collector sewers installed using conventional construction
techniques, and ordinary appurtenances to such public sewers, such as manholes and rodding inlets.
2. "Special facilities" means public trunk sewers, interceptor sewers, pumping stations, or public main, local street and
collector sewers which require special, unconventional installation techniques, such as tunnels, creek or channel
crossings requiring bridges, trestles, culverts, and /or channel modifications, greater than twenty -foot trench depth,
unusually costly shoring or traffic control measures, or other nonstandard appurtenances of unusually high cost.
3. "Installer" means a property owner or developer who is financially responsible for installation of standard or special
facilities, the capacity of which exceeds the need attributable to and reasonably related to development of his or her
property.
4. "Bonds" means the project improvement security required by the District to guarantee satisfactory completion and
warranty of the standard or special facilities by the installer, and payment by the installer to contractors,
subcontractors, and others providing equipment, labor or materials for construction of the facilities.
(Ord. 253 3 1(Exh. A(part)), 2008)
6.20.020 - Eligibility to establish reimbursement accounts.
A. Standard Facilities. The installer of a public sewage facility which is a standard facility may apply to establish a
reimbursement account for the facility by making the post- construction submittals as required by Section 6.20.030(A).
Alternatively, the installer may apply for early establishment of a reimbursement account by completing all of the
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submittals required by Section 6.20.030(A), substituting estimates of the costs of engineering, right -of -way, construction and
bonds for the standard facility, acceptable to the General Manager, in place of the contracts and receipts documenting the
actual costs therefor. In the case of such early establishment of a reimbursement account, the installer shall also complete
the post- construction submittal of contracts and receipts documenting to the satisfaction of the General Manager the actual
costs of engineering, right -of -way, construction and bonds for the standard facility required by Section 6.20.030(A)(4), no later
than six months after the District's acceptance of a standard facility, to remain eligible to receive reimbursements under this
chapter.
B. Special Facilities. To be eligible to establish a reimbursement account for a special facility, the prospective installer shall
obtain the approval of the General Manager prior to the issuance of a District permit for the construction of the facility.
The installer may apply to establish a reimbursement account for the facility by making the preconstruction submittals
required by Section 6.20.030 {B). To remain eligible to receive reimbursements under this chapter after the District's
acceptance of the special facility, the installer shall also complete the post- construction submittals required by Section
6.20.030(C).
C. The General Manager will determine whether establishing a reimbursement account is justified by evaluating submittals
from the installer. If the General Manager determines that properties other than those owned or to be developed by the
installer could reasonably be physically connected directly to the facility in the case of standard facilities, or could
reasonably be served by the facility in the case of special facilities, the installer shall be eligible to establish a
reimbursement account.
In addition, the installer of a special facility shall be eligible to establish a reimbursement account prior to construction of
the special facility, when properties which could reasonably be served by the special facility in the future receive interim
service through use of temporary facilities.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.030 - Installer submittals.
A. Post - Construction Submittals for Standard Facilities. No later than six months after the District's acceptance of a standard
facility, the installer shall submit all of the following to the General Manager:
1. A copy of approved job plans;
2. Reimbursement account application;
3. Appropriate account setup fees;
4. A statement disclosing any agreements regarding the sharing of the standard facility costs which exist between the
installer and any other party or parties; and
S. Contracts and receipts documenting to the satisfaction of the General Manager the actual costs of engineering, right -
of -way, construction and bonds for the standard facility.
B. Preconstruction Submittals for Special Facilities. To provide for evaluation and approval of reimbursements for a special
facility prior to the issuance of a District permit for the construction of the facility, the prospective installer shall submit all
of the following to the General Manager at least thirty days prior to time of his or her application for the permit:
1. Reimbursement account application;
2. Appropriate account setup fees;
3. A scale map delineating the special facility, as well as all parcels which could reasonably be served by the special
facility;
4. A list of all parcels which could reasonably be served by the special facility including each owner's name, address,
county assessor's parcel number and current zoning;
5. A statement disclosing any agreements regarding the sharing of the special facility costs which exist between the
installer and any other party or parties; and
6. Estimates satisfactory to the General Manager of the costs of engineering, right -of -way, construction and bonds for
the special facility.
C. Post - Construction Submittals for Special Facilities. In addition to the preconstruction submittals required by Section
6.20.030(B), no later than six months after the District's acceptance of a special facility, the installer shall submit all of the
following to the General Manager:
1. Contracts and receipts documenting to the satisfaction of the General Manager the actual costs of engineering, right -
of -way, construction and bonds for the special facility;
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2. Copies of the maps, parcel lists and statements regarding existing agreements for the sharing of the special facility
costs submitted pursuant to Section 6.20.030(B), updated to show any changes.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.040 - Reimbursement fees and agreements.
A. All reimbursements for installers pursuant to this chapter shall be set forth in a written agreement between the installer
and the District. Such agreements shall be signed by the installer at or about the time of the creation of a reimbursement
account. Reimbursement fees will be calculated by dividing the sum of all allowable costs of the standard or special
facility by the total number of connections or residential unit equivalents which could reasonably be physically connected
directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of special
facilities. Reimbursement fees will be determined based on consideration of the following:
1. Costs which are allowable for inclusion in the calculation of reimbursement fees are those which are directly related
to the planning, design and construction of the standard or special facility, including payments to contractors and
engineers, securing bonds, and acquiring right -of -way for the project. Ineligible costs include, but are not limited to,
attorneys' fees, financing costs, and the installer's overhead and office expenses related to the coordination and
supervision of contractors engaged to perform project work.
2. The total number of connections or residential unit equivalents which could reasonably be physically connected
directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of
special facilities will be determined considering zoning regulations of the agency having jurisdiction for determining
land use policy in the area to be served, the configuration of the District's existing sewage facilities, the character of
development adjacent to the reimbursement area, and site topography.
B. The Board of Directors recognizes that the above listed factors may not be the only basis for determining reimbursement
fees in every case, and therefore authorizes the General Manager to exercise his or herjudgment in determining the
actual reimbursement fee that applies when, in his or her opinion, modifications arejustified.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.050 - Adoption of reimbursement fees by ordinance.
The District Board of Directors shall adopt reimbursement fees for particular standard and special facilities, from time to
time, by ordinance upon a two - thirds vote, after having conducted a properly noticed public hearing, at which oral or written
presentations could be made, as part of a regularly scheduled meeting.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.060 - Notice to affected property owners.
At least ten days prior to the public hearing to receive comments regarding the adoption of reimbursement fees, the
District shall notify the property owner or owners of record of the properties to which such reimbursement fees will be
applicable, as identified on the last equalized assessment roll, by U.S. mail of the time and place of the public hearing. The
notice shall include a general description of the District's reimbursement fee program, a description of the standard or special
facilities installed or to be installed which give rise to the particular reimbursement fee proposed, and the initial amount of
the proposed fee.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.070 - Effective date of reimbursement fees.
The reimbursement fee for a particular standard or special facility shall become effective seven days after publication of
the ordinance adopting the reimbursement fee for the particular facility.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.080 - Collection of reimbursement fee deposits.
To ensure that all property owners pay their fair and equitable share of the cost of standard and special facilities, the
General Manager may establish reimbursement fee deposit accounts, determine reimbursement fee deposit amounts, and
collect such reimbursement fee deposits from property owners who apply to connect their property directly to a standard
facility, or to a public sewer upstream of and tributary to a special facility, prior to adoption of a reimbursement fee for the
facility. The amount of the reimbursement fee deposit shall be determined by the General Manager by the method of Section
6.20.040, substituting estimates of the costs of engineering, right -of -way, construction and bonds for the facility in place of the
actual costs therefor. When the reimbursement fee applicable to the facility is adopted by the Board of Directors, the
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reimbursement fee deposit shall be used to pay the reimbursement fee applicable to the property. Any portion of the deposit,
including interest calculated in accordance with California Government Code Section S3079, remaining after payment of the
applicable reimbursement fee shall be returned to the property owner. If the applicable reimbursement fee exceeds the
deposit, the property owner shall be invoiced by U.S. mail for the difference, and shall pay such amount to the District within
sixty days of receipt of such invoice. If no applicable reimbursement fee is adopted within one year of the date of the District's
acceptance of the facility, the deposit, including interest calculated in accordance with California Government Code Section
53079, shall be returned to the property owner.
The District may accept securities in lieu of cash deposits in accordance with current law.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.090 - Administration charges.
The Board may from time to time set up reimbursement program administration charges, including but not limited to
charges for the creation of reimbursement accounts and transaction fees.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.100 - Apportionment of reimbursement funds when more than one installer.
Where there is more than one installer of a standard or special facility, reimbursement funds collected shall be disbursed
as set forth in the agreement between the installer and the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.200 - Funds and accounts.
Funds collected by the District under this chapter shall be placed in segregated accounts for each project for which
reimbursement fees or deposits are established. When funds are collected, the District shall send a written notice to the
installer's last known address. The District shall disburse funds only upon written request of the installer.
Regardless of whether funds are collected, the District will annually review each account and send an account statement
to the last known address of the installer.
If a request or claim for disbursement of funds is not received from the installer within three years, after reasonable
efforts by the District to provide notice of the existence of such funds, the funds shall become the property of the District in
accordance with general law. The District will close the reimbursement account and deposit said funds in the District's sewer
construction fund. Said notice and deposit dissolves any and all claim the installer may have had to the reimbursement funds,
and the District's collection of reimbursement fees for the standard or special facility shall cease.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.210 - Adjustment of reimbursement fees.
A. If at any time, the General Manager determines that the allowable costs or the total number of connections or residential
unit equivalents which could reasonably be physically connected directly to the facility in the case of standard facilities, or
could reasonably be served by the facility in the case of special facilities deviate from the determinations used in
calculating the reimbursement fees pursuant to Section 6.20.040, he or she may recalculate the reimbursement fees to
be collected from future connectors. If reimbursement fees are recalculated, future connectors may pay a
reimbursement fee different from that paid by previous connectors. In the case of such recalculation, the District will not
be responsible for collecting additional reimbursement fees from or refunding excess reimbursement fees to previous
connectors.
B. The General Manager shall review reimbursement fees from time to time for the increase or decrease in the value of
facilities over time. The Engineering News Record Construction Cost Index shall be the basis for any adjustment and no
other interest component will be considered.
C. There shall also be a straight -line depreciation adjustment for depreciation based on the useful life of the standard or
special facility. The useful life of standard or special facilities for purposes of this chapter is seventy -five years for sewers
and forty years for pumping stations.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.220 - Timing for payment of reimbursement fees and deposits.
Payment of applicable reimbursement fees and deposits shall be made prior to the time of the District's issuance of a
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contractor's or homeowner's permit to connect to a public sewer.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.230 - Expiration of reimbursement fees.
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All reimbursement fees adopted prior to June 1, 1998 shall expire on June 1, 2018. Each reimbursement fee adopted
pursuant to this chapter after June 1, 1998, shall automatically expire on the twentieth anniversary of the date of the District's
acceptance of the standard or special facility for which the reimbursement fee was established. The District's collection of
reimbursement fees shall cease on the expiration date. Any funds remaining in an account as of the fee's expiration shall be
processed pursuant to Section 6.20.200, and the reimbursement account shall be closed.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.240 - District not liable.
The District provides the reimbursement program as a convenience for installers and is not liable to any person for
failure to establish or collect reimbursements.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.250 - Effect of chapter.
This chapter or any action taken pursuant hereto does not create any right, title or interest in any property. The Board
may change or repeal any portion of this chapter at any time. No property right becomes vested by operation of this chapter
and the District is not liable for damage of any nature related to any change or repeal of any portion of this chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.260 - Rebate fees and charges accrued prior to June 1, 1998.
For the purposes of this chapter, rebate fees or charges established under prior ordinances shall be considered and
handled as if they were reimbursement fees.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.300 - Schedule of reimbursement fees.
All properties subject to reimbursement fees enacted after June 1, 1998 by the Board shall be uncodified and kept on file
with the District Secretary. Reimbursement fee applications and documentation providing the basis for the fee calculation
shall be maintained at the District's offices for review for so long as reimbursement fees are being imposed and collected for
a particular project.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.400 - Customer reimbursement of District installation costs.
In certain cases, the public interest and public safety may require the District itself to design and construct public sewage
facilities for an existing or proposed development. In order to comply with applicable law concerning use of District revenues,
the District shall adopt a reimbursement fee structure to provide for full reimbursement of any and all costs associated with
installation of local street sewers. Reimbursement fees to reimburse the District for other sewer facilities may also be
imposed. Reimbursement fees for District costs shall be calculated in the same or similar manner set forth in this chapter for
installers in order to provide for full recapture of District costs. Such costs shall be placed in reimbursement accounts,
pursuant to the same provisions and requirements for installers.
(Ord. 253 § 1(Exh. A(part)), 2008)
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