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Home My WebLink About04.a. Final Assessments re Sunnybrook Road CAD 2010-1q.a. CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARING TO RECEIVE COMMENTS ON CONFIRMING AND LEVYING FINAL ASSESSMENTS FOR SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010 -1; AND DIRECTING THAT THE 2011 -12 ASSESSMENTS BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL SUGGESTED AGENDA JULY 7, 2011 I. Request staff report II. Public hearing A. Open public hearing B. Receive public comment C. Close public hearing III. Consider adopting a resolution confirming and levying final assessments for the Sunnybrook Road CAD No. 2010 -1; and adopting a resolution directing that the 2011 -12 assessments be collected on the Contra Costa County tax roll. WENVRSEC \Position Papers \Leavitt\2011 \7 -7 -11 \Con HearingFinal Assmt Sunnybrook 11 -12 TaxRoll FINAL 7- 7- 11.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 7, 2011 Subject. CONDUCT A PUBLIC HEARING; CONFIRM AND LEVY FINAL ASSESSMENTS FOR SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010 -1; AND ADOPT A RESOLUTION DIRECTING THAT THE 2011 -12 ASSESSMENTS BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL Submitted By: Initiating Dept /Div.: Russell Leavitt, Engineering Asst. III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: 7- R. Leavitt J. amoto -Mills b�- A. Farrell James . Kelly, C. Swanson General Manager ISSUE: Work has been completed on the Sunnybrook Road Contractual Assessment District (CAD) No. 2010 -1 and final assessments can be established and levied. Additionally, Board of Directors' authorization by resolution is needed to place charges on the Contra Costa County tax roll. RECOMMENDATION: Conduct a public hearing; adopt a resolution confirming and levying final assessments for the Sunnybrook Road CAD No. 2010 -1; and adopt a resolution directing that the 2011 -12 assessments be collected on the Contra Costa County tax roll. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs totaling $161,244. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Board of Directors ordered improvements for Sunnybrook Road CAD No. 2010 -1 in Alamo at its July 15, 2010 meeting. The area is shown in Exhibit A. The work to install the improvements has been completed, and the final costs are known. The final costs are shown in Exhibit B. Fourteen of the 16 property owners are voluntarily participating in this CAD. Based on these final costs, the final assessments for each participating property have been determined and appear as Exhibit C, Assessment Roll. The Board is requested to confirm and levy these final assessments. A resolution (Exhibit D) has been prepared, which, if adopted, will confirm and levy assessments. WENVRSEC \Position Papers \Leavitt\2011 \7 -7 -11 \Con HearingFinal Assmt Sunnybrook 11 -12 TaxRoll FINAL 7- 7- 11.doc Page 1 of 10 POSITION PAPER Board Meeting Date: July 7, 2011 subject. CONDUCT A PUBLIC HEARING; CONFIRM AND LEVY FINAL ASSESSMENTS FOR SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010 -1; AND ADOPT A RESOLUTION DIRECTING THAT THE 2011 -12 ASSESSMENTS BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL A resolution of the Board is needed to place the 2011 -12 assessments on the Contra Costa County tax roll. This resolution is included as Exhibit E and includes all participating properties. Participants who to pay their assessments upfront by July 29, 2011, will avoid incurring interest and being charged on the tax roll. Those who do not pay their assessments upfront will have chosen to pay over a ten -year period on the property owner's tax bill. RECOMMENDED BOARD ACTION: Conduct a public hearing; adopt a resolution confirming and levying final assessments for the Sunnybrook Road CAD No. 2010 -1; and adopt a resolution directing that the 2011 -12 assessments be collected on the Contra Costa County tax roll. WENVRSEC \Position Papers \Leavitt\201IV -7 -11 \Con HearingFinal Assmt Sunnybrook 11 -12 TaxRoll FINAL 7- 7- 11.doc Page 2 of 10 N: \ENVRSEC \Position Papers \Leavitt\2011\7 -7 -11 \Con HearingFinal Assmt Sunnybrook 11 -12 TaxRoll FINAL 7- 7- 11.doc Page 3 of 10 EXHIBIT B SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2010 -1; FOURTEEN PARCELS FINAL COST REPORT — JUNE 2011 ITEM AMOUNT Construction 8 -inch sewer, manholes, 4 -inch laterals (1) 119,622 Slurry Seal Reserve (2) $5,000 Total Construction Cost $124,622 Private Engineering Survey and Design $9,176 Other Agency Fees $17,538 Total Private Engineering Cost $26,714 District Services Plan Review $2,179 Construction Inspection $7,729 Total District Costs $9,908 TOTAL PROJECT COST (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT) $161,244 (1) For portion of lateral sewer in street or right -of -way. (2) For future street overlay. WENVRSEC \Position Papers \Leavitt\2011 \7 -7 -11 \Con HearingFinal Assmt Sunnybrook 11 -12 TaxRoII FINAL 7- 7- 11.doc Page 4 of 10 EXHIBIT C SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2010 -1 FINAL ASSESSMENT ROLL ASSESSMENT NUMBER PARCEL DESCRIPTION TAX ROLL ASSESSMENT AMOUNT (10 -YR EQUAL PAYMENTS ) (1 PREPAID AMOUNT 1 187 - 110 -027 -5 $1,548.30 $11,517.43 2 187 - 110 -026 -7 $1,548.30 $11,517.43 3 187 - 110 -025 -9 $1,548.30 $11,517.43 4 187 - 110 -024 -2 $1,548.30 $11,517.43 5 187 - 110 -023 -4 $1,548.30 $11,517.43 6 187- 110 -022 -6 $1,548.30 $11,517.43 7 187 - 110 -021 -8 $1,548.30 $11,517.43 8 187 - 110 -032 -5 Not participating Not participating 9 187 - 110 -031 -7 $1,548.30 $11,517.43 10 187 - 110 -016 -8 $1,548.30 $11,517.43 11 187 -110 -015 -0 $1,548.30 $11,517.43 12 187 - 110 -014 -3 $1,548.30 $11,517.43 13 187- 110 -013 -5 $1,548.30 $11,517.43 14 187 - 110 -012 -7 $1,548.30 $11,517.43 15 187 - 110 -012 -7 Not participating Not participating 16 187 - 110 -010 -1 $1,548.30 $11,517.43 (1) Interest rate for annual assessments is 6.00% N: \ENVRSEC \Position Papers \Leavitt\2011 \7 -7 -11 \Con HearingFinal Assmt Sunnybrook 11 -12 TaxRoll FINAL 7- 7- 11.doc Page 5 of 10 EXHIBIT D RESOLUTION NO. 2011- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFIRMING FINAL ASSESSMENTS FOR SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2010 -1 WHEREAS, This Board has taken a series of actions preliminary to establishing final assessments for the Sunnybrook Road Contractual Assessment District No. 2010 -1, Central Contra Costa Sanitary District, Contra Costa County, California. NOW, THEREFORE, The Board of Directors of the Central Contra Costa Sanitary District resolves: The Board adopted its Resolution of Intention (Resolution No.2010 -23) to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Jarred Miyamoto - Mills, Engineer of Work, to prepare the report required by Section 5989.22 of the Streets and Highways Code. 2. Pursuant to Resolution No. 2010 -24, the Board approved a map showing the boundaries of the land benefited by the proposed improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Contra Costa in the Book of Assessment and Community Facilities Districts. The improvement is generally described as follows: Design and construction of approximately 610 linear feet of 8 -inch sanitary sewer pipeline, one trunk manhole and two standard manholes, together with appurtenant work and facilities located along Sunnybrook Road in Alamo, California. 3. The Board established July 15, 2010, as the date for a public hearing to create the Sunnybrook Road Contractual Assessment District No. 2010 -1. 4. The owners of record were provided ballots 45 days before the hearing on which owners could indicate approval of or opposition to the imposition of assessments. 5. The Board of Directors conducted a public hearing on July 15, 2010, pursuant to Section 5898.26 of the Streets and Highways Code and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program, the improvement and the extent of the Assessment District. Page 6 of 10 Resolution 2011 - Sunnybrook CAD 2010 -1 Page 2 of 3 6. The Board found that no written protests against the proposed improvement were made by owners representing more than one half of the area of the land to be assessed for the improvement. 7. The Board approved the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report, one of which was a table of estimated assessments. 8. The Board found that the Engineer's Report, fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the Agreement between the owners and District and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. A draft version of the Agreement, within which the participating owners voluntarily agreed to the imposition of an assessment, was attached as an exhibit to the Engineer's Report and was incorporated by reference. 9. Lastly, the Board ordered the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. The work on the improvement has been completed pursuant to a private agreement entered into by the owners, and was accepted on January 28, 2011. The final costs for the improvement have been determined; the final assessments for each property have been determined; and a Notice of Assessment will be sent to each property owner after the Board confirms the final assessments. 11. The final assessments for each property appear on the Assessment Roll. The Board hereby confirms and levies each individual final assessment as stated in the Assessment Roll. 12. Payment of all or any part of such final assessments may be made at the office of the Permit Section, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, California 94553. The deadline for receipt of such payment by the Controller is the close of business on July 29, 2011. Thereafter, unpaid assessments will be payable in yearly installments of principal and interest at 6.00 percent compounded annually over a period of ten (10) years. WENVRSEC \Position Papers\Leavitt\2011 \7 -7 -11 \Con HearingFinal Assmt Sunnybrook 11 -12 TaxRoll FINAL 7- 7- 11.doc Page 7 of 10 Resolution 2011 - Sunnybrook CAD 2010 -1 Page 3 of 3 PASSED AND ADOPTED this 7th day of July 2011, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District Counsel WENVRSEC \Position Papers \Leavitt\2011 \7 -7 -11 \Con HearingFinal Assmt Sunnybrook 11 -12 TaxRoll FINAL 7- 7- 11.doc Page 8 of 10 EXHIBIT E RESOLUTION NO. 2011 - A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTIRCT DIRECTING THAT THE 2011 -12 ASSESSMENT FOR SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2010 -1 BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL WHEREAS, the Central Contra Costa Sanitary District ( CCCSD) has entered into written agreements with certain property owners who have formed Contractual Assessment Districts to pay for sewer improvements over a ten -year period; and WHEREAS, the CCCSD Code provides that CCCSD may elect to collect current charges and delinquent charges on the tax roll as provided by Section 5470 and following, of the California Health and Safety Code; and WHEREAS, it is considered economical and efficient to collect the assessment for the Sunnybrook Road Contractual Assessment District (CAD) No. 2010 -1 for the 2011 -12 fiscal year on the Contra Costa County tax roll; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The 2011 -12 assessment for the Sunnybrook Road CAD No. 2010 -1 as listed in Exhibit 1 attached hereto and by this reference made a part hereof, may be collected on the Contra Costa County Tax Roll. Passed and adopted this 7th day of July, 2011 by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District Page 9 of 10 EXHIBIT 1 CAD 2010 -1: Sunnybrook Road Assessor's Parcel Number Amount 187 -110 -027 -5 $1,548.30 187- 110 -026 -7 $1,548.30 187 - 110 -025 -9 $1,548.30 187 - 110 -024 -2 $1,548.30 187 - 110 -023 -4 $1,548.30 187- 110 -022 -6 $1,548.30 187- 110 -021 -8 $1,548.30 187 - 110 -031 -7 $1,548.30 187 - 110 -016 -8 $1,548.30 187- 110 -015 -0 $1,548.30 187- 110 -014 -3 $1,548.30 187 - 110 -013 -5 $1,548.30 187 - 110 -012 -7 $1,548.30 187 - 110 -010 -1 $1,548.30 Total 14 parcel $21,676.20 Page 10 of 10