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Home My WebLink AboutMINUTES - 05031988 - S.5 TO: BOARD OF SUPERVISORS Contra Nancy Fanden FROM: May 3, 1988 Costa DATE: County REVIEW POLICY OF CONTRA COSTA COUNTY SANITATION SUBJECT: DISTRICT 7A REGARDING CERTAIN FESS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION REQUEST: I That Community Development Director review the policy adopted by Contra Costa County Sanitation District 7A (Ordinance #34) which reduces certain fees for development of property which is to be used exclusively for handicapped, senior citizen housing or has received density bonus or other incentives. BACKGROUND: The Board of Supervisors finds itself between a "rock and a hard spot" when trying to address the need for affordable housing and paying for the services generated by new construction. There is a real need for the Board to find a way to reduce and/or defer the "standard" county fees for qualifying projects or uses as specifically enumerated by the Board. Ordinance #34 addresses the need for special consideration of "public service" developments, while at the same time protecting the integrity of those considerations. The ordinance has built into it the qualification that if the property is subsequently changed so that it no longer qualifies, the developer or current owner, or both, shall pay forthwith the difference between the standard fee and special rate. This seems like a fair proposal for all concerned. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON May 3, 1988 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Community Development Director ATTESTED County Administrator +..,, `i } — _ � +u:..,•.- LiS�.l'�'Lii ieJ1 4liliiil.i ll VL�r M382/7-e3 BY ' DEPUTY S . 5 s DOVER LAND COMPANY, INC 700 Ygnacio Valley Road Suite 350 Walnut Creek,California 84596 415-947-5711 April 6, 1988 Nancy Fanden, Supervisor Contra Costa County Board of Supervisors 805 Las Juntas Street Martinez, CA 94553 Re: Andover Commons Retirement Community, Antioch. Drainage Fee Reductions. April 5, 1988 Agenda, Dctermivatiun 2.5 (Oppositiauj Dear Supervisor Fanden, I appreciated the opportunity to speak at yesterday's meeting about the need of the Board to immediately address the negative impact of County fees on the development of projects that the County is trying to endorse and encourage. These projects include, but are not limited to, housing for senior citizens, the disabled, low income, and other Board encouraged uses such as "in-fill' projects. I am in complete agreement with the prudence of the question being raised, "Should all other development shoulder the burden of the fees that would be forgiven or deferred on these projects?". I would suggest that the staggering abundance of legislation over the past few years instituting the various programs for these groups underscores the public support for such action. I would also invite your review of a possible solution to this issue which may well simplify the rather unpalatable question of how to go through each fee the County already has and build in potential exceptions. My suggestion is to not modify the standard fee structures. They are in place for all the right reasons and there would he a paperwo!k. nigh m-ar; to a=mend everything, not to mention any legal ramifications. Instead, I suggest that the Board adopt a resolution that would be, in form and intent, similar to Ordinance No. 34 being adopted by the Contra Costa County Sanitation District No. 7-A, a copy which has been enclosed for your review. This action would allow the Board to reduce and/or defer the "standard" county fees for qualifying projects or uses as specifically enumerated by the Board. Additionally, the way this ordinance is written, each qualifying project would still be bearing the brunt of some of the fees. Contra Costa Board of Supervisors Nancy Fanden April 6, 1988 Page 02 For example, the estimated County drainage fees our project faces are approximately $15,000. In May of 1988, those County fees are skyrocketing 700%, to approximately $105,000! If, at your potential new fee schedule, our project, as a senior's project and/or as an "in-fill" project, were allowed an 85% reduction in fees, our fee would still be approximately $15,000. As an "in-fill" project, we are not impacting the drainage system any more in May than we would, if we were able to build now, at the current $15,000 fee level. With this proposal, the County both collects fair fees and encourages these specific types of development. Everybody wins. Please review the enclosed, and please give both your staff and ourselves the benefit of your comment and direction. We certainly appreciate your attention. Respectfully, l Robert S. Rice President RSR/rbb encl. cc: Tom Powers,Supervisor Robert Schroder,Supervisor Sunne McPeak,Supervisor Tom Torlakson,Supervisor Milton Kubicek,Flood Control APR 5 ORDINANCE NO._ 1r BEFORE THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 7-A - AN ORDINANCE ALLOWING REDUCTION OF CONNECTION FEES AND DEFERRALOF PAYMENT -- ....The Board of Directors_ of Contra Costa County Sanitation District No. 7-A ordains -as follows SECTION 1. Section 6 of Ordinance No. 11 is amended to read as follows: "SECTION 6.'-.:Connection and Development Fee adjustment: "A. .The Board of Directors may reduce the Development .Fee or Connection Fee required herein by seventy-five percent (75%), when one or more of the following conditions have been satisfied: 11(1) The property to be served by the connection is to be used exclusively for physically or mentally handicapped persons, in accordance with the provisions of Welfare and Institutions Code Section 5116. "(2) The property to be served by the connection has received a density bonus or other incentive by the public agency with land use jurisdiction, pursuant to Government Code Section 65915-18-. "(3) The property to be served by the connection will `consist of senior citizen housing, in accordance with the provisions of Civil Code Section 51.3. "B. Before any reduction is granted by the Board of Directors under Paragraph A. , the developer shall. enter into a contract with the District. ` -The contract shall-provide that. if the use of the property is subsequently changed so that none of the above conditions applies to -the property, -the developer or current owner, or both, shall pay forthwith to the District the difference between the current connection ' fee paid and the full connection fee which was -applicable at the time ' of connection." "C. Th Board of Directors may defer payment of the Development ' Fee for up to ten years, when one or more of the -conditions -set forth in Paragraph A. have been satisfied. Before such a deferral is granted, the developer shall enter into a contract with the District. The contract shall provide that -if the use of the property is subsequently changed so that none of the above conditions applies to the property, the developer or current owner, or both, shall pay the then current fee to the District forthwith. If the.'use of the'property..; ?'- -does not so change, the Development Fee or Connection Fee shall become ' due and payable at the expiration of the ten year deferral period.",_ ;;;.�, SECTION 2. EFFECTIVE DATE. This Ordinance becomes effective 30 days after assage, .and within 15 days of-pass age shall be publis. ed' once with the names of Directors voting for and against it 'in the Pittsburg PostDispatch and Antioch Daily Ledger, newspapers published in this County and circulated 'in the District ;.PASSED on 1988, by the following vote: J AYES: NOES: ABSENT: - - - ABSTAIN: ATTEST: Ronald A. Tsugita General Manager/District Engineer Chair, Board of Directors and Secretary to the Board of Directors -2-