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HomeMy WebLinkAbout05.a. Public hearing re Vista Del Orinda Contractual Assessment District (CAD) No. 2010-25.a. PUBLIC HEARING TO RECEIVE COMMENTS ON 1) CONFIRMING AND LEVYING FINAL ASSESSMENTS FOR VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010 -2; 2) ADOPTING A RESOLUTION DIRECTING THAT THE 2012 -13 ASSESSMENTS BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL; AND 3) APPROVING A PROPOSED ORDINANCE TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH CONNECT TO DISTRICT PROJECT 6499 (VISTA DEL ORINDA CAD 2010 -2) IN ORINDA SUGGESTED AGENDA July 5, 2012 I. Request staff presentation. II. Public Hearing: A. Receive public comments. B. Request staff response, as appropriate. C. Close Public Hearing. III. Board deliberation regarding: A. Confirming and levying final assessments for Vista Del Orinda CAD No. 2010 -2; B. Adopting a resolution directing that the 2012 -13 Assessments be collected on the Contra Costa County Tax Roll; and C, Approving a proposed ordinance to establish reimbursement fees for the properties which connect to District Project 6499 (Vista Del Orinda CAD 2010 -2) In Orinda Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 5, 2012 subject: CONDUCT A PUBLIC HEARING, 1) CONFIRM AND LEVY FINAL ASSESSMENTS FOR VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010 -2; 2) ADOPT A RESOLUTION DIRECTING THAT THE 2012 -13 ASSESSMENTS BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL; AND 3) APPROVE A PROPOSED ORDINANCE TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH CONNECT TO DISTRICT PROJECT 6499 (VISTA DEL ORINDA CAD NO. 2010 -2) Submitted By. Initiating Dept ✓Div.: Russell Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: a� 4� wv� 0q- - - R. Leavitt T. Brightbill J. Mi amoto -Mills K. Alm Ann Farrell General Manager ISSUE: Work has been completed on the Vista Del Orinda CAD No. 2010 -2 and final assessments can be established and levied. Board of Directors authorization by resolution is needed to place charges on the Contra Costa County property tax roll. When a reimbursement fee is proposed for properties that could connect to sewers installed by others, the District Code requires that a public hearing be held prior to the Board of Directors' consideration of the fee. RECOMMENDATION: Conduct a public hearing; adopt a resolution confirming and levying final assessments for the Vista Del Orinda CAD No. 2010 -2; adopt a resolution directing that the 2012 -13 assessments be collected on the Contra Costa County property tax roll, and approve a proposed ordinance to establish reimbursement fees for the properties which connect to District Project 6499 (Vista Del Orinda CAD No. 2010 -2) in Orinda. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs totaling $166,440. If the recommended reimbursement fees are established by the Board following the public hearing, a CAD participant may, over time, recover the non - participants' share of the cost of the CAD facilities as non - participants connect. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Board of Directors ordered improvements for Vista Del Orinda CAD No. 2010 -2 in Orinda at its May 19, 2011 meeting. The area is shown in Exhibit A. N: \ENVRSEC \Position Papers \Leavitt\2012 \7- 5 -12 \PP Vista Del Orinda CAD 7 -5 -12 FINAL.doc POSITION PAPER Board Meeting Date: July 5, 2012 subject CONDUCT A PUBLIC HEARING, 1) CONFIRM AND LEVY FINAL ASSESSMENTS FOR VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010 -2; 2) ADOPT A RESOLUTION DIRECTING THAT THE 2012 -13 ASSESSMENTS BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL; AND 3) APPROVE A PROPOSED ORDINANCE TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH CONNECT TO DISTRICT PROJECT 6499 (VISTA DEL ORINDA CAD 2010 -2) The CAD improvements have been completed and final costs are shown in Exhibit B. The CAD benefits ten properties, so each property's share is 1/10 of the total project cost. Five property owners are voluntarily participating in this CAD assuming six non - reimbursable project shares for the six parcels that they own. The owners of one these properties (Thomas and Susan Duly) are also covering the four reimbursable non- participant cost shares Final assessments have been determined and appear as Exhibit C, Assessment Roll. A resolution (Exhibit D) has been prepared, which, if adopted, will confirm and levy assessments. The project sewer is also upstream of a "Special Facility" (Job 3254). The reimbursement fee for Job 3254 has been added to the assessments of the developed participating properties so that it may also be paid off or financed as a project - related cost. A resolution of the Board is needed to place the 2012 -13 assessment for the CAD on the Contra Costa County property tax roll. This resolution is included as Exhibit E and includes all participating properties. Participants who pay their assessments upfront by July 20, 2012 will avoid incurring interest and being charged on the tax roll. Those property owners who do not pay their assessments upfront will have chosen to pay over a ten -year period on the tax bill. Property owners who are not participating in the CAD will pay a reimbursement fee through the Reimbursement Program if they connect to the public sewer within 20 years of the District's acceptance of CAD sewers for public use. The Dulys, owners of one participating property, have agreed to be assessed for the four non - participants' cost shares. When the first non - participant connects to the CAD - installed public sewer, they will pay 1 /7th of the cost ($27,740), which will be disbursed to the Dulys. This "buy -in" payment will make the new connector a CAD participant, who will then be eligible to receive reimbursements from other non - participants. The second non - participant to connect will pay 1 /8th of the cost ($20,805). That amount would be disbursed to the Dulys and the first new connector in proportion to their contributions to remaining non- participants' shares, and so on until the last non - participant has connected. N: \ENVRSEC \Position Papers \Leavitt\2012 \7- 5 -12 \PP Vista Del Orinda CAD 7 -5 -12 FINAL.doc POSITION PAPER Board Meeting Date: JUly 5, 2012 subject. CONDUCT A PUBLIC HEARING, 1) CONFIRM AND LEVY FINAL ASSESSMENTS FOR VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010 -2; 2) ADOPT A RESOLUTION DIRECTING THAT THE 2012 -13 ASSESSMENTS BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL; AND 3) APPROVE A PROPOSED ORDINANCE TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH CONNECT TO DISTRICT PROJECT 6499 (VISTA DEL ORINDA CAD 2010 -2) Appropriate notices have been posted, and published in both 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. RECOMMENDED BOARD ACTION: Conduct a public hearing; adopt a resolution confirming and levying final assessments for the Vista Del Orinda CAD No. 2010 -2; adopt a resolution directing that the 2012 -13 assessments be collected on the Contra Costa County property tax roll; and adopt a proposed ordinance (uncodified) to establish reimbursement fees for sanitary sewer facilities in District Project 6499 (Vista Del Orinda CAD No. 2010 -2). WENVRSEC \Position Papers \Leavitt\2012 \7- 5 -12 \PP Vista Del Orinda CAD 7 -5 -12 FINAL.doc N: \ENVRSEC \Position Papers \Leavitt\2012 \7- 5 -12 \PP Vista Del Orinda CAD 7 -5 -12 FINAL.doc EXHIBIT B VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2010 -2; TEN PARCELS FINAL COST REPORT — JUNE 2012 ITEM AMOUNT Construction 8 -inch diameter sewer, manholes, paving 144,672 Three 4 -inch diameter laterals (1) Total Construction Cost $144,672 Private Engineering Survey and Design $7,460 Total Private Engineering Cost $7,460 District Services Plan Review – Mainline $2,179 Plan Review – ROW $539 Construction Inspection $8,590 Total District Costs $11,308 SUBTOTAL PROJECT COST WITHOUT STREET LATERALS (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT 2 $163,440 THREE STREET LATERALS (AVERAGE $1,000 EACH) (1) $3,000 TOTAL PROJECT COST WITH STREET LATERALS (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT $166,440 (1) For portion of lateral sewer in street or right -of -way. (2) Only Assessment Numbers 2, 4, and 10 received street laterals, so assessments will be based on the subtotal project cost and Assessment Numbers 2, 4,and 10 will be assessed extra for their street laterals. N: \ENVRSEC \Position Papers \Leavitt\2012 \7- 5 -12 \PP Vista Del Orinda CAD 7 -5 -12 FINAL.doc EXHIBIT C VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2010 -2 FINAL ASSESSMENT ROLL ASSESSMENT NUMBER PARCEL DESCRIPTION PREPAID AMOUNT 1 TAX ROLL ASSESSMENT AMOUNT (10 -YR EQUAL PAYMENTS ) (2 1 265- 153 -019 -4 Not participating Not participating 2 265- 153 -010 -3 $18,738 $2,518.98 3 265- 151 -001 -4 Not participating Not participating 4 265- 140 -006 -7 $18,738 $2,518.98 5 265- 140 -007 -5 Not participating Not participating 6 265- 140 -008 -3 $17,738 $2,384.54 7 265- 140 -004 -2 Not participating Not participating 8 265- 140 -002 -6 $17,738 $2,384.54 9 265- 140 -003 -4 $16,344 $2,197.14 10 265 -130 -015 -0 $82,720(3) $11,120.16 (1) $16,344 assessments plus $1,394 per unit reimbursement to District Project 3254.2 for developed properties; Assessment Numbers 2, 4, and 10 are assessed an additional $1,000 for their street laterals. (2) Interest rate for annual assessments is 6.00 %. (3) Per CAD agreement, assessment covers own property plus four reimbursable shares on behalf of the other initially participants; no reimbursements to Job 3254.2 is included; new participants /connectors will pay at time of connection. N: \ENVRSEC \Position Papers \Leavitt\2012 \7- 5 -12 \PP Vista Del Orinda CAD 7 -5 -12 FINAL.doc EXHIBIT D RESOLUTION NO. 2012 -045 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFIRMING FINAL ASSESSMENTS FOR VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT NO. 2010 -2 WHEREAS, This Board has taken a series of actions preliminary to establishing final assessments for the Vista Del Orinda Contractual Assessment District No. 2010 -2, Central Contra Costa Sanitary District, Contra Costa County, California. NOW, THEREFORE, The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board adopted its Resolution of Intention (Resolution No.2010 -102) 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 850 linear feet of 8 -inch sanitary sewer pipeline and four standard manholes, together with appurtenant work and facilities located along Vista Del Orinda in Orinda, California. 3. The Board established March 28, 2011, as the date for a public hearing to create the Vista Del Orinda Contractual Assessment District No. 2010 -2. 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 March 28, 2011, 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. Resolution No. 2012 -045 Vista Del Orinda CAD No. 2010 -2 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 11,. 2012. 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 27, 2012. 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. N: \ENVRSEC \Position Papers \Leavitt\2012 \7- 5 -12 \PP Vista Del Orinda CAD 7 -5 -12 FINAL.doc Resolution No. 2012 -045 Vista Del Orinda CAD No. 2010 -2 Page 3 of 3 PASSED AND ADOPTED this 5th day of July 2012, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District EXHIBIT E RESOLUTION NO. 2012 -046 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT THE 2012 -13 ASSESSMENT FOR VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT (2010 -2) 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 Vista Del Orinda Contractual Assessment District (2010 -2) for the 2012 -13 fiscal year on the Contra Costa County tax roll; NOW, THEREFORE, be it resolved by the Board of Directors of the CCCSD that the 2012 -13 assessment for the Vista Del Orinda Contractual Assessment District (2010 -2) is 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 5th day of July, 2012 by the CCCSD Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District Resolution No. 2012 -046 Vista Del Orinda CAD No. 2010 -2 Page 2 of 2 EXHIBIT 1 CAD 2010 -2: Vista Del Orinda Assessor's Parcel Number Amount 265- 153 -010 -3 $2,519.98 265- 140 -006 -7 $2,519.98 265- 140 -008 -3 $2,384.54 1 265- 140 -002 -6 $2,384.54 1 265- 140 -003 -4 $2,197.14 265 -130 -015 -0 $11,120.16 Total parcels $18,357.26 (1) No more than one of these parcels can actually be financed through CCCSD since they are under the same ownership. EXHIBIT F ORDINANCE NO. 273 AN ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO DISTRICT PROJECT 6499 (VISTA DEL ORINDA CAD 2010 -2) IN ORINDA 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 6499 (Vista Del Orinda CAD 2010 -2), the location of which are shown in Exhibit A of this ordinance, are standard facilities as defined in District Code Chapter 6.20; and WHEREAS, reimbursement fees have been calculated by a method consistent with the District's Contractual Assessment District Program, which calculations are summarized in Exhibit B; 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 June 21, 2012. 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 6499 (Vista Del Orinda CAD 2010 -2) standard facilities, as set forth in Exhibit B of this ordinance, are hereby established. Said reimbursement fees have been calculated in the manner required by the District's Contractual Assessment District Program. Section 2 The reimbursement fees set forth in Exhibit B of this ordinance shall be administered, adjusted, and collected according to the provisions the District's Contractual Assessment District Program. Ordinance No. 273 Vista Del Orinda CAD No. 2010 -2 Page 2 of 2 Section 3 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 5th day of July 2012, by the following vote: AYES: Members: NOES Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. Counsel for the District 91 i i VISTA DEL ORINDA CAD 2010 -2 REIMBURSEMENT FEES FOR DISTRICT PROJECT 6499 (1) Existing CAD Participants 6 Subtotal Project Cost (Total cost, less street lateral cost $166,440 - $3,000 = $163,440 for three participants) First Non - participant Connector ( #7) 1/7 of Subtotal Project Cost $23,349 Second Non - participant Connector ( #8) 1/8 of Subtotal Project Cost $20,430 Third Non - participant Connector ( #9) 1/9 of Subtotal Project Cost $18,160 Fourth Non - participant Connector ( #10) 1/10 of Subtotal Project Cost $16,344 (1) Reimbursement to Job 3254.2 owed separately.