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Home My WebLink About03.d. Conduct Public Hearing to Receive Public Comment on Adopting P;roposed Uncodified Ordinance No. XXX To Establish a Reimbursement Fee Applicable To Parcels Which Could Connect to Job 6456 on Paseo Nogales Road, AlmaoPage 1 of 7 Item 3.d. BOARD OF DIRECTORS POSITION PAPER MEETING DATE: DECEMBER 19, 2023 SUBJECT: REVIEW DRAFT POSITION PAPER TO CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ONADOPTING PROPOSED UNCODIFIED ORDINANCE NO. TO ESTABLISH REIMBURSEMENT FEE APPLICABLE TO PARCELS WHICH COULD CONNECT TO JOB 6456 ON PASEO NOGALES ROAD 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 GREG NORBY, DEPUTY GENERAL MANAGER - OPERATIONS ROGER S. BAILEY, GENERAL MANAGER ISSUE District Code requires a public hearing prior to the Board of Directors (Board) setting a reimbursement fee for parcels which could be connected to an eligible sewer installed by a private party. BACKGROUND Job 6456 consists of approximately 230 linear feet of 8-inch diameter sewer main installed on Paseo Nogales Road in Alamo. This job 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 allocatable to other properties which connect to the sewers within 20 years of project acceptance by Central San. Staff has prepared the proposed Ordinance (Attachment 1) to establish a reimbursement fee for properties that connect to the public sewer installed under this project. Exhibit A shows the location of the project and the two additional properties that could connect to the project sewer in addition to the installer's property. The proposed $10,927.07 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. December 19, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 100 of 120 Page 2 of 7 Calculation of the proposed reimbursement fee is summarized in Exhibit B. 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. Staff discovered during a review of Reimbursement Accounts that the paperwork to set up this reimbursement account for Job 6456 had been submitted in a timely manner by the installer of the project back in 2010, but a public hearing had never been scheduled to set the reimbursement fee. The installer had also submitted a Notice of I ntent to Apply for a Reimbursement Account card, which allows Central San to collect a Reimbursement Fee Deposit from any applicants who wish to connect directly to the Job 6456 sewer main prior to the public hearing establishing the reimbursement fee. The expiration date for the Job 6456 Reimbursement Fee will, as required by District Code, expire 20 years from Central San's acceptance of the construction which results in a expiration date of June 11, 2030. No additional properties have connected to the sewer main constructed by the installer. 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. ALTERNATIVES/CONSIDERATIONS The Board could continue the public hearing to a future date. The Board 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 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 The Finance Committee reviewed this matter at its meeting on December 19, 2023 and recommended December 19, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 101 of 120 Page 3 of 7 RECOMMENDED BOARD ACTION Staff recommends the Board: 1. Conduct a public hearing to receive comments on the proposed ordinance (uncodified) to establish reimbursement fees for parcels which could be connected to the Job 6456 sewer; and 2. Adopt the proposed uncodified ordinance. Strategic Plan Tie -In GOAL ONE: Customer and Community Strategy 2 - Promote initiatives to advance affordable and equitable access to services GOAL TWO: Environmental Stewardship Strategy 1 - Achieve compliance in all regulations ATTACHMENTS: 1. Draft Ordinance December 19, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 102 of 120 Page 4 of 7 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE (UNCODIFIED) TO ESTABLISH A REIMBURSEMENT FEE APPLICABLE TO PROPERTIES THAT CONNECT TO JOB 6456 (PASEO NOGALES ROAD, 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 6456 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 Contra Costa Sanitary District Board of Directors' regularly scheduled meeting on January 18, 2024, 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 6456 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. Sectinn 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. December 19, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 103 of 120 Page 5 of 7 Ordinance No. Page 2 of 2 Rartinn d 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. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 18t" day of January 2024, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mariah N. Lauritzen President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED Katie Young, CPMC, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form- J. Leah Castella Counsel for the District December 19, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 104 of 120 CENTRAL CONTRA COSTA SANITARY DISTRICT Page 7 of 7 Exhibit B Reimbursement Fee Calculation Job 6456 Paseo Nogales Road, Alamo Standard Facility Reimbursement Costs: Construction Engineering Central San Fees Total $ 24,082.50 858.00 7,840.71 $ 32,781.21 Number of Potential Connections to the Standard Facility: 3 Parcels Standard Facility Reimbursement Fee per Parcel: $32,781.21 / 3 Parcels = $10,927.07 per Parcel Properties to which Standard Facility Reimbursement Fee may apply: Assessor's Number of Installer- Fee Potential Address Parcel Number (APN) Parcels owned Waived Fees 1462 Paseo Nogales 187-110-007 1 no no yes 1463 Paseo Nogales 187-110-005 1 yes -- no 1473 Paseo Nogales 187-110-004 1 no no yes Total 3 2 December 19, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 106 of 120