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Home My WebLink About04.a. Review draft position paper to conduct a public hearing on September 5, 2019 at 1:30 p.m. pursuant to District Code Chapter 6.20 to receive public comment on adopting proposed ordinance to establish reimbursement fee for properties which could conn Page 1 of 7 Item 4.a. BOARD OF DIRECTORS ' POSITION PAPER DRAFT MEETING DATE: AUGUST 28, 2019 SUBJECT: REVIEW DRAFT POSITION PAPER TO CONDUCTA PUBLIC HEARING ON SEPTEMBER 5, 2019 AT 1:30 P.M. PURSUANT TO DISTRICT CODE CHAPTER 6.20 TO RECEIVE PUBLIC COMMENT ONADOPTING PROPOSED ORDINANCE TO ESTABLISH REIMBURSEMENT FEE FOR PROPERTIES WHICH COULD CONNECT TO JOB 6579 ON DENYCE COURTAND VIA SERENA IN ALAMO SUBMITTED BY: INITIATING DEPARTMENT: THOMAS BRIGHTBILL, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES- PDS-RATES AND FEES REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES ISSUE District Code requires a public hearing prior to the Board of Directors setting a reimbursement fee for properties that could connect to an eligible sewer installed by a private party. BACKGROUND Job 6579 consists of approximately 620 linear feet of eight-inch diameter sewer main and appurtenances in Alamo, California. This job is a "standard facility" as defined in the District Code. District Code Section 6.20.010 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 proportional cost allocatable to other properties which connect to the sewers within 20 years of project acceptance by Central San. 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 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. August 28, 2019 Special FINANCE Committee Meeting Agenda Packet- Page 20 of 202 Page 2 of 7 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 Central San 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, Central San 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 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. ALT ERNAT IVES/CONSIDERAT IONS The Board of Directors could postpone the public hearing to a future date. This alternative is not recommended as an estimated reimbursement fee has already been collected from a connecting property owner as provided for in District Code Section 6.20.080. Delaying the public hearing would delay payment of the reimbursement fee to the installer. The Board of Directors could decline to hold the public hearing and decline to set the reimbursement fee. This is not recommended as the applicant has met the conditions for establishing a reimbursement fee contained in District Code Chapter 6.20. The Board of Directors could direct the General Manager to set the reimbursement fee at a different amount. This is not recommended as staff has reviewed the eligible project costs and the number of parcels which could reasonably connect to the project as described in District Code Section 6.20.040 and has calculated the proposed reimbursement fee in conformance with District Code. FINANCIAL IMPACTS None related to this action. COMMITTEE RECOMMENDATION This matter was reviewed by the Finance Committee on August 28, 2019 and they recommended RECOMMENDED BOARD ACTION 1. Conduct a public hearing to receive comments on the proposed ordinance (uncodified)to establish reimbursement fees for applicable properties that could connect to the Job 6579 sewer; and 2. Adopt the proposed ordinance. Strategic Plan Tie-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Build external customer relationships and awareness August 28, 2019 Special FINANCE Committee Meeting Agenda Packet- Page 21 of 202 Page 3 of 7 ATTACHMENTS: 1. Proposed Ordinance 2. Exhibit A 3. Exhibit B (Placeholder) August 28, 2019 Special FINANCE Committee Meeting Agenda Packet- Page 22 of 202 Page 4 of 7 Attachment 1 ORDINANCE NO. AN ORDINANCE (UNCODIFIED) TO ESTABLISH A REIMBURSEMENT FEE APPLICABLE TO PROPERTIES THAT CONNECT TO JOB 6579 (DENYCE COURT AND VIA SERENA, ALAMO) STANDARD SEWER FACILITIES WHEREAS, the Central Contra Costa Sanitary District (Central San) 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 6579 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 Central San Board of Directors' regularly scheduled meeting on September 5, 2019. NOW, THEREFORE, the Board of Directors of Central San does ordain as follows: Section 1 The reimbursement fees applicable to properties that connect to Job 6579 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. Section 4 This ordinance shall be a general regulation of Central San 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. August 28, 2019 Special FINANCE Committee Meeting Agenda Packet- Page 23 of 202 Page 5 of 7 Central Contra Costa Sanitary District Ordinance No. Page 2 of 2 PASSED AND ADOPTED by the Board of Directors of Central San on the 5t" day of September, 2019, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors, Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED Katie Young 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 August 28, 2019 Special FINANCE Committee Meeting Agenda Packet- Page 24 of 202 105 `RI 57 DAN LLE BL\AJ 181 VIA C 1 164 MA LINHARES LN 115 LINH�- t �Lel 1 SERENA q SERENA LINHARES LN '1 130 1443 2 S �o' 156 VIA1 125J 5351 �v` LINHARES LN D ELLE 1539 LAS 173 MAJ 5432 SERENA 5432 LINHARES LIN s� TRAM PAS RD SERENA %R17 M 64 140 1541,LAS WAYLAND LN TRAM PAS RD 165 VIA 129 SOUTH AVE SERENA 148 VIA LINHARES LN 160 1 1 5432 SERENA PATRI CIA LNC 130 116 VIA ;%\M in 1 157 MA 140 VIA SERENA WAYLAND LN 8162 LI SERENA ,¢ SERENA 124 VIA PATRICIA LNC11SERENA 120 149 VIA 132 VIA 108 VIA WAYLAND LN 1 159 166 1 SERENA SERENA SERENA PATRI CIA LNM41 PATRI CIA LN 8 7r +nSFRfh¢ T 161 p V 141 VIA PATRI CIA LNC SERENA M75 100 VIA 168 8 SERENA 1 1 PAT RI CIA LN $ 117 VIA u ern SERENA i' M42 133 VIA U5 W 125 VIA M69 8-� M68 1 8 5 SERENA -. SERE N4 19 ELAINE CT 165 `�yA~ 1 °h 109 VIA x4 9 PATRICIA LIN {3 SERE NA X40 REGENT PL M76 g 101 VIA SERENA 23 23 ELAINE CT x 132 REGENT PL 16 DENYCE CT 141 REGENT PL �y 24 DENYCE CT Notes t5 p 130 SOUTH AVE c,�3 ti Y ,sic. ,�r ,•!r 1 AS 5316 �� M59 •�+ �y 4 , EG PL 74:'r,r 124 REGENT PL 140 SOUTH AVE `--r 123 SOUTH AVE .f` ¢ L0 150 0 125 REGENT.PL 108 REGENT PL SOUTH AVE 5635 3-SOUTH AVE 5316 [1 This map is a user generated static output from Central San's CENTRAL SAN Geoportal and is for reference only.Data layers that appear on this Job 6579 - Den ce Court and Via 0 79 158 Feet map may or may not be accurate,current,or otherwise reliable. y N Map Created On:8/20/2019 Map Projection:WGS84 Serena Page 7 of 7 Exhibit B Reimbursement Fee Calculation Job 6579 PLACEHOLDER August 28, 2019 Special FINANCE Committee Meeting Agenda Packet- Page 26 of 202