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Home My WebLink About05.a Public Hearing re Reimbursement Fees re District Project 59195,q. PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 ( ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007 -4); JOB 6439 (RELIEZ VALLEY AVAD 2007 -3); JOB 6441 (QUAIL AVAD 2007 -6); JOB 6442 (GORDON /MILLTHWAIT AVAD 2007 -2) AND JOB 6450 (VIA VAQUEROS AVAD 2008 -7) IN ALHAMBRA VALLEY SUGGESTED AGENDA September 2, 2010 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. IV. Recommended Action: Adopt the proposed ordinance. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 2, 2010 subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 ( ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007 -4); JOB 6439 (RELIEZ VALLEY AVAD 2007 -3); JOB 6441 (QUAIL AVAD 2007 -6); JOB 6442 (GORDON/ MILLTHWAIT AVAD 2007 -2), AND JOB 6450 (VIA VAQUEROS AVAD 2008 -7) IN ALHAMBRA VALLEY Submitted By: Initiating Dept. /Div.: Russell Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: Rik, R. Leavitt A. Rozul J. Miyamoto -Mills A. Farrell K. Alm ames Kelly Ze neral anager 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 for special facilities identified as District Project 5919 (Alhambra Valley Trunk Sewer AVAD 2007 -1); and the Standard Facilities identified as Job 6412 (Monteira AVAD 2007 -4); Job 6439 (Reliez Valley AVAD 2007 -3); Job 6441 (Quail AVAD 2007 -6); Job 6442 (Gordon /Millthwait AVAD 2007 -2); and Job 6450 (Via Vaqueros AVAD 2008 -7). Adopt the Ordinance (Attachment 1). FINANCIAL IMPACTS: If the recommended fees are established by the Board following the public hearing, the District will recover its investment in the AVAD facilities over time as connections occur. Additionally, an administrative charge to recover District costs is incorporated into the reimbursement fees. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The design and construction of special facilities for District Project 5919 (Alhambra Valley Trunk Sewer) were paid for by the District. The design and construction of standard facilities for Jobs 6412, 6439, 6441, 6442 and 6450 were financed by the District under the Alhambra Valley Assessment District (AVAD) Program. These sewers have been completed, accepted by the District and contributed by the AVAD participants to the District for public use. The District will be repaid in two different ways. Property owners who chose to participate in the AVADs will repay the District through assessments. Property WENVRSEC \Position Papers\ Leavitt\ 2010\ ConductHearing- AdoptOrdinancePP for2010 AVADReimb FINAL 9- 2- 10.doc POSITION PAPER Board Meeting Date: September 2, 2010 subject CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 ( ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007 4); JOB 6439 (RELIEZ VALLEY AVAD 2007 -3); JOB 6441 (QUAIL AVAD 2007 -6); JOB 6442 (GORDON/ MILLTHWAIT AVAD 2007 -2), AND JOB 6450 (VIA VAQUEROS AVAD 2008 -7) IN ALHAMBRA VALLEY owners who are not participating in the AVADs will repay the District through the Reimbursement Program when they connect to the public sewer in the future. Through the AVADs, the District financed local property owners' assessed share of the costs of these facilities. A public hearing was held earlier this year to establish those participants' assessments. AVAD participants have chosen to either pay off their assessment up front or have begun to finance their assessment on their property tax bill over a period of 15 years. Other property owners who have chosen not to be assessed, and thus have not paid or financed an assessment, are known as AVAD "non- participants." In the future, these non - participants may connect to the contributed public sewers, but when they do so, the District will charge them a reimbursement fee. In such cases, the District Code requires that the reimbursement fee structure "provide for full reimbursement of any and all costs associated with installation of local street sewers" (Section 6.20.400). Each AVAD non - participant's share of the cost of local sewer facilities is being covered by CCCSD. The reimbursement fees to be considered at this public hearing would allow the District to recover the non - participants' share of the cost of the District - constructed or contributed facilities. Under the Alhambra Valley Financing Program revisions approved by the Board on July 15, 2010, the non- participants will have five additional years to decide whether to finance their fees through the District. The proposed reimbursement fees are summarized in Attachment 1. The reimbursement fees were calculated by increasing an amount equal to the 2009 -2010 participants' assessment amount by 2.19 percent to reflect the average investment rate of return that could have been earned by investing CCCSD funds in the State of California's Local Agency Investment Fund (LAIF) during the 2009 calendar year (1.19 percent) plus one percent to cover ongoing administrative expenses. This is the amount a non - participant would pay if connecting to the sewer system between now and June 30, 2011. The fees would be charged in addition to Capacity Fees and other District charges, such as those for permits, inspection, and sewer service. Staff will recommend similar reimbursement fee adjustments for Board consideration annually. WENVRSEC \Position Papers\ Leavitt\ 2010 \ConductHearing- AdoptOrdinancePP for2010 AVADReimb FINAL 9- 2- 10.doc POSITION PAPER Board Meeting Date: September 2, 2010 Subject CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 ( ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007- 4); JOB 6439 (RELIEZ VALLEY AVAD 2007 -3); JOB 6441 (QUAIL AVAD 2007 -6); JOB 6442 (GORDON/ MILLTHWAIT AVAD 2007 -2), AND JOB 6450 (VIA VAQUEROS AVAD 2008 -7) IN ALHAMBRA VALLEY 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, along with information about the extension of the AVAD financing option (Attachment 2). RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on the proposed Ordinance (uncodified) to establish reimbursement fees for special facilities identified as District Project 5919 (Alhambra Valley Trunk Sewer AVAD 2007 -1); and the standard facilities identified as Job 6412 (Monteira AVAD 2007 -4); Job 6439 (Reliez Valley AVAD 2007 -3); Job 6441 (Quail AVAD 2007 -6); Job 6442 (Gordon /Millthwait AVAD 2007 -2); and Job 6450 (Via Vaqueros AVAD 2008 -7). Adopt the Ordinance. N:\ENVRSEC \Position Papers\ Leavitt\ 2010\ ConductHearing- AdoptOrdinancePP for2010 AVADReimb FINAL 9- 2- 10.doc ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 ( ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007 -4); JOB 6439 (RELIEZ VALLEY AVAD 2007 -3); JOB 6441 (QUAIL AVAD 2007 -6); JOB 6442 (GORDON /MILLTHWAIT AVAD 2007 -2) AND JOB 6450 (VIA VAQUEROS AVAD 2008 -7) IN ALHAMBRA VALLEY 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, District Project 5919 (Alhambra Valley Trunk Sewer), the location of which is shown in Exhibit A of this ordinance, incorporated in full herein by this reference is a special facility as defined in District Code Chapter 6.20; and WHEREAS, Job 6412 (Monteira AVAD 2007 -4), Job 6439 (Reliez Valley AVAD 2007 -3), Job 6441 (Quail AVAD 2007 -6) Job 6442 (Gordon /Millthwait AVAD 2007 -2), and Job 6450 (Via Vaqueros AVAD 2008 -7), the locations of which are shown in Exhibit A are standard facilities as defined in District Code Chapter 6.20; and WHEREAS, reimbursement fees have been calculated by a method consistent with District Code Section 6.20.400 to provide for full reimbursement of any and all costs associated with installation of local street sewers and are summarized in Exhibit B incorporated in full herein by this reference; and WHEREAS, a properly noticed public hearing to receive comments on the proposed reimbursement fees was conducted at the District Board of Directors' regularly scheduled meeting on September 2, 2010. 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 District Project 5919 (Alhambra Valley Trunk Sewer) special facilities, and Job 6412 (Monteira AVAD 2007 -4), Job 6439 (Reliez Valley AVAD 2007 -3), Job 6441 (Quail AVAD 2007 -6), Job 6442 (Gordon /Millthwait AVAD 2007 -2) and Job 6450 (Via Vaqueros AVAD 2008 -7) standard facilities, as set forth in Exhibit B are hereby established. Said reimbursement fees have been calculated in the manner required by District Code Section 6.20.400. Ordinance No. Page 2 of 2 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 Section 6.20.400 during the periods when said reimbursement fees are in effect. 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 said reimbursement fees are in effect. Section 4 This ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times and the San Ramon Valley Times, newspapers of general circulation within the District, and shall be effective on the eighth calendar day following such publication and shall be effective until such time as the fees are amended by Ordinance. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 2nd day of September 2010, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill 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 Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm Counsel for the District N a 4w ew FEET N i SITE ! ,. LOCATION MAP N.T.S. V a '.. ,..... 0 VAI- �;' �/ �`. LEGEND: r•�` rrt `r r r �' • REIMBURSEMENT j PROPERTIES Central Contra Costa NON - PARTICIPATING EXHIBIT Sanitary District CL (REIMBURSEMENT) PROPERTIES A TRUNK SEWER AVAD NO. 2007 -1 A-t DIRECT CONNECTION 1 OF 6 MARTIN !� f Al SITE PL NILL LOCATION MAP N.T.S. f j I �- ` zi V' I , �.: .. w . t __..... ... N i`. i m I ai ..rte ......,� ... ...... ..L« 0 200 40 0. =. i.._._._._.. s•FEET :� _ } ! 1 ... „ \ .,`, ..� 1_:iccii zitiii'la5i ;:.;.. LEGEND: v ;.... ! REIMBURSEMENT y �_. �_. _ •�'\ +�:-' ,_..... I' \�............. I f PROPERTIES ��.� "� a / i x Central Contra Costa EXHIBIT Sanitary District NON— PARTICIPATING (REIMBURSEMENT) PROPERTIES A GORDON / MILLTHWAIT 2 OF s AVAD NO. 2007-2 MAIM� .. i SITE - r HILL LOC ATION MAP :. N.T.S. -- l._.._..... . ........ I i Qt1A1L _- -...----- ,....... h e ' HOLLO W �.... ..... _.... ✓� � � Q .t! I i J , i MONTO LN ......_ ----------- t ... ....... i t _. �. I I j A I I A a I a a a 41 ..................... _.._ .` __......._ ... ALLEY 1....._ �,,,.... _............. •�, 1 1 i S Q � ,, f N 0 300 v 1 LEGEND: FE REIMBURSEMENT E PROPERTIES / x Central Contra Costa EXHIBIT Sanitary District NON — PARTICIPATING (REIMBURSEMENT) PROPERTIES A RELIEZ VALLEY AVAD NO. 2007-3 30F6 0 - MARTIN ; f- i `.... 1 � _.�. J _..... .... J : EL i :.'..__: E . . . . . . . . . . . . . . . . . . . . . . . ............. . gm a c SITE f . .. . -. F- -.- ...._; - ... ... .. .... j ^ i,. �._....... = HILL . . ......... i �n eP _ ......_..... LOCATION MAP I N.T.S. 7 it •'� ' .................. ` r H Q 0 ' L 6 L M 0 I �' '� ..................... ......._.......... / J D ER ............. -- f'•., runrn..mnrrrrrrnnnn 1' MONTEIRA 1 LN l \ l ........................_ _ . : OU I Rp .. ....... i ; LEGEND: o aoo . REIMBURSEMENT PROPERTIES x Central Contra Costa EXHIBIT 0 Sanitary District NON- PARTICIPATING $ AM C) (REIMBURSEMENT) PROPERTIES A MONTEIRA AVAD NO.2007 -4 a of s MARTIN ........ ................ SITE i ill ;,. HILL ' - I LOCATION MAP N.T.S. f j J , .. ............................... 1 - :tt► 0 1 . . .._ ......... _ "_ ....... E.. .x. V f.......... :..: ............. ; %' J.+ . ....... - - . r .. i� 1 O ! a ` LEGEND: f� 0 400 REIMBURSEMENT PROPERTIES ij FEEr Central Contra Costa EXHIBIT 0 Sanitary District NON - PARTICIPATING N (REIMBURSEMENT) PROPERTIES A ' QUAIL AVAD NO.2007 -6 s of 6 m. 0 MARTINE' 4 SITE P 4# HILL LOCATION MAP J % N.T.S. P X9 0 N O� iY j VAQ EROS Bill N = I h 0 150 300 FEET - LEGEND: — 9E REIMBURSEMENT PROPERTIES Y Central Contra Costa EXHIBIT Sanitary District NON — PARTICIPATING (REIMBURSEMENT) PROPERTIES A VIA VAQUEROS AVAD NO. 2008-7 6OF6 EXHIBIT B 2010 -2011 AVAD REIMBURSEMENTS 2009 -2010 2010 -2011 REIMBURSEMENT FEE REIMBURSEMENT FEE TO BE PAID BY AVAD NOW TO BE PAID BY AVAD NON - PARTICIPANTS PRIOR TO PARTICIPANTS PRIOR TO AVAD CONNECTION CONNECTION (a) AVAD 2007 -1 Trunk Sewer $21,179 $21,643 Direct Connector AVAD 2007 -1 Trunk Sewer $7,369 $7,530 Indirect Connector AVAD 2007 -2 $11,470 $11,721 Gordon /Millthwait AVAD 2007 -3 $22,126 $22,611 Reliez Valley AVAD 2007 -4 $13,692 $13,992 Monteira AVAD 2007 -6 Quail $28,492 $29,116 w /no access (b) AVAD 2007 -6 Quail $33,432 $34,164 w /access (c) AVAD 2008 -7 $24,494 $25,030 Via Vaqueros (a) The reimbursement fees were calculated by increasing an amount equal to the 2009 -10 participants' assessment by 2.19 percent to reflect the average investment rate of return that could have been earned by investing CCCSD funds in the State of California's Local Agency Investment Fund (LAIF) during the 2009 calendar year (1.19 percent) plus one percent to cover ongoing administrative expenses. (b) No vehicular access to Quail Lane: 367- 150 -001; 367- 150 -013; 367- 150 -010; 365- 100 -014; 365- 110 -025; 365- 110 -023 (c) Vehicular access to Quail Lane: 365- 100 -015; 365- 110 -016; 365- 110 -017; 365- 110 -003 ATTACHMENT 2 NOTICE OF PUBLIC HEARING REGARDING PROPOSED REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 (ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007 -4); JOB 6439 (RELIEZ VALLEY AVAD 2007 -3); JOB 6441 (QUAIL AVAD 2007 -6); JOB 6442 (GORDON /MILLTHWAIT AVAD 2007 -2) AND JOB 6450 (VIA VAQUEROS AVAD 2008 -7) IN ALHAMBRA VALLEY NOTICE IS HEREBY GIVEN that the Board of Directors of the Central Contra Costa Sanitary District (District) at its regular meeting at 2:00 p.m. on Thursday, September 2, 2010, in the Board Meeting Room at the District Office, 5019 Imhoff Place, Martinez, California, will conduct a public hearing to receive comments on proposed Reimbursement Fees for direct or indirect connections public sewers installed or financed by the District in Alhambra Valley (unincorporated Martinez). The proposed Reimbursement Fees are $21,643 per parcel for direct connections to District Project 5919 (Alhambra Valley Trunk Sewer); $7,530 per parcel for indirect connections to District Project 5919 $13,992 per parcel for connections to Job 6412 (Monteira AVAD 2007 -4); $22,611 per parcel for connections to Job 6439 (Reliez Valley AVAD 2007 -3); $34,164 per parcel (with access to Quail Lane) for connections to Job 6441 (Quail AVAD 2007 -6); $29,116 per parcel (without access to Quail Lane) for connections to Job 6441 (Quail AVAD 2007 -6); $11,721 per parcel for connections to Job 6442 (Gordon /Millthwait AVAD 2007 -2); and $25,030 per parcel for connections to Job 6450 (Via Vaqueros AVAD 2008 -7). The proposed reimbursement fees, if adopted, will be collected from property owners when their properties connect to the above - listed public sewers. The collected fees will reimburse the District for funds advanced for construction of these facilities. A copy of the draft ordinance to establish the proposed reimbursement fees is on file with the Secretary of the District, and is available for public inspection at the District Office, 5019 Imhoff Place, Martinez, California. Elaine R. Boehme Secretary of the District Central Contra Costa Sanitary District Contra Costa County, State of California /ja �k ' CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 94553 AVAD SEWER FINANCING OPTION EXTENDED TO 2015 Your property in Alhambra Valley is located within an Alhambra Valley Assessment District (AVAD). The AVAD was formed to provide financial assistance to property owners so that they may extend the public sewer system to serve their properties. While some of your neighbors took advantage of the 15 -year financing program offered by Central Contra Costa Sanitary District (CCCSD) you or a previous owner of your property chose not to participate during the original sign -up window. At the request of property owners, such as yourself, who have not yet participated in the financing program, CCCSD Board of Directors has approved a five -year extension (to June 30, 2015) for you to choose to participate. Participants will be able to lock in the sewer reimbursement fees, CCCSD Capacity Fees, and annexation charges in place at the time of signing the financing agreement. As you can see by the public hearing notice on the reverse side, the sewer reimbursement fees, as well as other CCCSD fees and charges, are reviewed annually and often do increase. The terms of the financing are the same as provided by the original agreement for your AVAD: six (6) percent per year fixed for up to fifteen (15) years, assessed each year on your property tax bill. There is no pre- payment penalty for early payoff. There is also no obligation to connect to the public sewer, which will involve additional, property - specific costs that are NOT eligible for AVAD financing. For further information, contact CCCSD's Engineering Assistant III Russell Leavitt at 925 - 229 -7255 or e-mail: rleavitt(@,centralsan.orq