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HomeMy WebLinkAbout05.a. Public hearing re Smith Road Contractual Assessment District (CAD) No. 2012-1 in AlamoCentral Contra Costa Sanitary District 5• Q - ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2014 Subject. CONDUCT A PUBLIC HEARING, 1) CONFIRM AND LEVY FINAL ASSESSMENTS FOR SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2012 -1; 2) ADOPT A RESOLUTION DIRECTING THAT THE 2014 -15 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 5773 (SMITH ROAD CAD NO. 2012 -1) Submitted By: Initiating Dept. /Div.: Russell Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Brightbill, Senior Engineer D. Gemmell, Environmental Services Division Manager K. Alm .Roger S. Bail Counsel for the District General Mana r ISSUE: Work has been completed on the Smith Road CAD No. 2012 -1 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 Smith Road CAD No. 2012 -1; adopt a resolution directing that the 2014 -15 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 5773 (Smith Road CAD No. 2012 -1) in Alamo. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs totaling $124,538. 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 Smith Road CAD No. 2012 -1 in Alamo at its June 7, 2012 meeting. The area is shown in Exhibit A. The CAD improvements have been completed and final costs are shown in Exhibit B. The CAD benefits seven properties. Five property owners are voluntarily participating in this C: \Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Smith Road CAD Final Assessment and Reimb 6 -19 -14 Final.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 19, 2014 subject: CONDUCT A PUBLIC HEARING, 1) CONFIRM AND LEVY FINAL ASSESSMENTS FOR SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2012 -1; 2) ADOPT A RESOLUTION DIRECTING THAT THE 2014 -15 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 5773 (SMITH ROAD CAD NO. 2012 -1) CAD. Based on these final costs, the final assessments for each participating property have been determined and appear as Exhibit C, Assessment Roll. All five participants have chosen to include reimbursement fees for downstream special facilities (Jobs 4936 and 5377) in their assessments. The final assessment amounts differ slightly because of an agreement between the property owners related to the sharing of costs related to a construction change order and adjustments to the reimbursement costs based on each property owner's date of connection. 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. A resolution of the Board is needed to place the 2014 -15 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 up front by July 18, 2014 will avoid incurring interest and being charged on the tax roll. Those property owners who do not pay their assessments up front will have chosen to pay over a ten -year period on the tax bill. Other property owners who have chosen not to be assessed, and thus have not paid or financed an assessment, are known as CAD "non- participants." In the future, these non - participants may connect to the contributed public sewers. When they do so, the CAD contract specifies that the District will charge them a repayment or reimbursement fee. Once collected, this fee is disbursed to the prior participants. The amount of the fee is proportional, based on the final costs and number of participants to date. The proposed reimbursement fees are summarized in Exhibit 1 of Exhibit E. Of the remaining two non - participants, the first to connect would pay 1 /6th of the cost ($20,756.50), which would be disbursed to the five original participants. This buy -in would make the new connector a participant as well, eligible to receive reimbursement from the second connector, who would pay 1 /7th of the cost ($17,791.29). That amount would be disbursed to the then six prior participants. 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. C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Smith Road CAD Final Assessment and Reimb 6 -19 -14 Final.doc Page 2 of 4 POSITION PAPER Board Meeting Date: June 19, 2014 Subject., CONDUCT A PUBLIC HEARING, 1) CONFIRM AND LEVY FINAL ASSESSMENTS FOR SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2012 -1; 2) ADOPT A RESOLUTION DIRECTING THAT THE 2014 -15 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 5773 (SMITH ROAD CAD NO. 2012 -1) RECOMMENDED BOARD ACTION: Conduct a public hearing; adopt a resolution confirming and levying final assessments for the Smith Road CAD No. 2012 -1; adopt a resolution directing that the 2014 -15 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 5773 (Smith Road CAD No. 2012 -1). Attached Supporting Documents: 1. Exhibit A. Approved Boundary and Assessment Numbers 2. Exhibit B. Final Cost Report - June 2012 3. Exhibit C. Final Assessment Roll 4. Exhibit D. Resolution Confirming Final Assessments 5. Exhibit E. Resolution Directing that the 2014 -15 Assessment be Collected on the Contra Costa County Tax Roll 6. Exhibit F. Ordinance (Uncodified) to Establish Reimbursement Fees for the Properties Which Could Directly Connect to District Project 5773 C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Smith Road CAD Final Assessment and Reimb 6 -19 -14 Final.doc Page 3 of 4 C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Smith Road CAD Final Assessment and Reimb 6 -19 -14 Final.doc Page 4 of 4 EXHIBIT B SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2012 -1; SEVEN PARCELS FINAL COST REPORT — JUNE 2012 ITEM AMOUNT Construction 8 -inch diameter sewer, manholes, laterals (a), paving $106,191 Total Construction Cost $106,191 Private Engineering Survey and Design $8,952 Total Private Engineering Cost $8,952 District Services Plan Review – Mainline $2,370 Construction Inspection $7,025 Total District Costs $9,395 TOTAL PROJECT COST WITH STREET LATERALS (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT) $124,538 (a) For portion of lateral sewer in street or right -of -way. EXHIBIT C SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2012 -1 FINAL ASSESSMENT ROLL ASSESSMENT NUMBER PARCEL DESCRIPTION PREPAID AMOUNT TAX ROLL ASSESSMENT AMOUNT (10 -YR EQUAL PAYMENTS ) (a 1 196- 070 -015 -9 $27,673.54 $3,720.20 2 196- 070 -007 -6 $32,994.88 $4,435.54 3 196- 070 -008 -4 $32,673.54 $4,392.34 4 196- 100 -001 -3 Not participating Not participating 5 196- 061 -004 -4 32,899.74 $4,422.76 6 196- 061 -003 -6 Not participating Not participating 7 196- 061 -015 -0 27,673.54 3,720.20 (a) Interest rate for annual assessments is 6.00 %. IW:/Ctl:111r�7 RESOLUTION NO. 2014- d/S A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFIRMING FINAL ASSESSMENTS FOR SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1 WHEREAS, This Board has taken a series of actions preliminary to establishing final assessments for the Smith Road Contractual Assessment District No. 2012 -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. 2012 -016) 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 5898.22 of the Streets and Highways Code. 2. Pursuant to Resolution No. 2012 -17, 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 594 linear feet of 8 -inch sanitary sewer pipeline and one standard manhole, together with appurtenant work and facilities located along Smith Road in Alamo, California. 3. The Board established June 7, 2012, as the date for a public hearing to create the Smith Road Contractual Assessment District No. 2012 -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 June 7, 2012, 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. 2014- 0 /" Smith Road CAD No. 2012 -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 July 18, 2013. 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 18, 2014. 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. Resolution No. 2014- O/ 6r Smith Road CAD No. 2012 -1 Page 3 of 3 PASSED AND ADOPTED this 19th day of June, 2014, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams 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 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. 20114-0/6 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT THE 2014 -15 ASSESSMENT FOR SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT (2012 -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 Smith Road Contractual Assessment District (2012 -1) for the 2014 -15 fiscal year on the Contra Costa County tax roll; NOW, THEREFORE, be it resolved by the Board of Directors of the CCCSD that the 2014 -15 assessment for the Smith Road Contractual Assessment District (2012 -1) 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 19th day of June, 2014 by the CCCSD Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams 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 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 1 CAD 2012 -1: Smith Road Assessor's Parcel Number Amount 196- 070 -015 -9 $3,720.20 196- 070 -007 -6 $4,435.54 196- 070 -008 -4 $4,392.34 169- 061 -004 -4 $4,422.76 196- 061 -015 -0 $3,720.20 Totals parcels EXHIBIT F ORDINANCE NO. , 8'Z AN ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO DISTRICT PROJECT 5773 (SMITH ROAD CAD 2012 -1) IN ALAMO 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 5773 (Smith Road CAD 2012 -1), the location of which are shown in Exhibit 1 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 2; 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 19, 2014. 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 5773 (Smith Road CAD 2012 -1) standard facilities, as set forth in Exhibit 2 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 2 of this ordinance shall be administered, adjusted, and collected according to the provisions the District's Contractual Assessment District Program. 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 Ordinance No. 2$Z Smith Road CAD No. 2012 -1 Page 2 of 2 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 19th day of June, 2014, by the following vote: AYES: Members: NOES Members: ABSENT: Members: David R. Williams 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 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 2 SMITH ROAD CAD 2012 -1 REIMBURSEMENT FEES FOR DISTRICT PROJECT 5773 (a) Existing CAD Participants 5 Total Project Cost $124,538 First Non - participant Connector ( #6) 1/6 of Subtotal Project Cost $20,756 Second Non - participant Connector ( #7) 1/7 of Subtotal Project Cost $17,791 (a) Reimbursements to Jobs 4936.1, 4936.2 and 5377.2 owed separately.