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Home My WebLink About05.a. Public Hearing to Place Charges and Assessments on Tax Roll for Collection50, CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARING TO RECEIVE COMMENTS ON PLACING THE FOLLOWING CHARGES FOR FISCAL YEAR 2014 -15 ON THE CONTRA COSTA COUNTY TAX ROLL FOR COLLECTION: 1) SEWER SERVICE CHARGES; AND 2) CAPACITY USE CHARGES, ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS, ASSESSMENTS FOR ALHAMBRA VALLEY ASSESSMENT DISTRICTS, AND CHARGES FOR OTHER FEE INSTALLMENT PAYMENT PROGRAMS SUGGESTED AGENDA JULY 31, 2014 A. Open public hearing to receive comments on placing the following charges for Fiscal Year 2014 -15 on the Contra Costa County Tax Roll for collection: 1) Sewer Service Charges; and 2) Capacity Use Charges, Assessments for Contractual Assessment Districts, Assessments for Alhambra Valley Assessment Districts, and Charges for other fee installment payment programs. B. Receive public comment, if any, on placing the charges on the tax roll C. Request staff response, as appropriate D. Close public hearing E. Discussion F. Recommended Action: (Four affirmative votes required.) Adopt two proposed resolutions to place the following charges for Fiscal Year 2014 -15 on the Contra Costa County Tax Roll for collection: 1) Sewer Service Charges; and 2) Capacity Use Charges, Assessments for Contractual Assessment Districts, Assessments for Alhambra Valley Assessment Districts, and Charges for other fee installment payment programs. Central Contra Costa Sanitary District J.Q. ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 31, 2014 Subject: CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON PLACING THE FISCAL YEAR 2014 -15 SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION Submitted By: Initiating Dept ✓Div.: Thea Vassallo, CPA, CMA Administrative / Finance & Accounting Finance Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: K. Alm Roger S. Bailey Counsel for the District /General Manager ISSUE: The District Code and State law require a public hearing for placing the Sewer Service Charges (SSCs) on the Contra Costa County tax roll for collection. A resolution passed by four affirmative votes is needed to place the charges on the County tax roll. RECOMMENDATION: Conduct a public hearing to place the SSCs on the County tax roll for collection and adopt a resolution directing that the Fiscal Year (FY) 2014 -15 SSCs be placed on the County tax roll for collection. FINANCIAL IMPACTS: The estimated County imposed fee for collection of the SSCs on the tax roll is $100,000. ALTERNATIVES /CONSIDERATIONS: The District could direct bill but staff does not recommended this alternative since the Contra Cost County collection on the tax roll is more economical. BACKGROUND: The law requires that a public hearing be held each year before the SSC can be placed on the County tax roll. The SSC has been collected on the County tax roll since inception of the SSC in 1976. Contra Costa County imposed a fee for collecting the SSC on the tax roll effective in FY 1982 -83. Legal notices were published in the Contra Costa Times and the San Ramon Valley Times for the July 31, 2014 public hearing to receive public comment on placing the SSCs for FY 2014 -15 on the County tax roll for collection. Notice of the public hearing was also posted on the District's website. COMMITTEE RECOMMENDATION: No Committee review is necessary for this action. RECOMMENDED BOARD ACTION: Conduct a public hearing and adopt a resolution directing that the FY 2014 -15 SSCs be placed on the County tax roll for collection. Page 1 of 1 RESOLUTION NO. 2014- 01 *5 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT THE SEWER SERVICE CHARGES FOR FISCAL YEAR 2014 -2015 BE COLLECTED ON THE COUNTY TAX ROLL WHEREAS, the District has previously developed and instituted a Sewer Service Charge Program for services and facilities furnished by the District to finance yearly Operation and Maintenance of the District, and WHEREAS, the Sewer Service Charge is collected through a direct charge to the users; and WHEREAS, the District Code provides that the District may elect to collect current and delinquent charges on the tax rolls as provided by Sections 5470 through 5473 of the Health & Safety Code; and WHEREAS, it is considered to be economical and efficient to continue the existing practice and collect the Sewer Service Charges for the Fiscal Year 2014 -15 on the County of Contra Costa tax roll. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Central Contra Costa Sanitary District, that the Sewer Service Charges for Fiscal Year 2014 -15 be placed on the County of Contra Costa tax roll for collection. PASSED AND ADOPTED this 31st day of July 2014, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSTAIN: 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, CMC 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 Central Contra Costa Sanitary District da-2) ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 31, 2014 Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT THE FISCAL YEAR 2014 -15 CAPACITY USE CHARGES, ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS, ASSESSMENTS FOR ALHAMBRA VALLEY ASSESSMENT DISTRICTS AND CHARGES FOR OTHER FEE INSTALLMENT PAYMENT PROGRAMS BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL Submitted By: Initiating Dept. /Div.: Earlene Millier, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Brightbill — Senior Engineer D. Gemmell — Environmental Services Division Manager Engineering K. Alm Roger S. Bailey J. Petit — Director of En g g Counsel for the District General Manager ISSUE: A resolution of the Board of Directors passed by four affirmative votes is needed to place charges on the Contra Costa County property tax roll for collection. RECOMMENDATION: Adopt a resolution directing that the Fiscal Year (FY) 2014 -15 Capacity Use Charges, assessments for the Contractual Assessment Districts (CADs), assessments for the Alhambra Valley Assessment Districts (AVADs), and charges for other fee installment payment programs be collected on the Contra Costa County property tax roll. FINANCIAL IMPACTS: This action will provide for collection of approximately $109,000 in FY 2014 -15 charges from customers participating in the District's Capacity Use Program; approximately $157,000 in FY 2014 -15 assessments from properties that formed CADs; $180,000 in FY 2014 -15 assessments from properties that formed AVADs; and $28,000 in FY 2014 -15 charges for other fee installment payment programs. ALTERNATIVES /CONSIDERATIONS: Direct collection of these charges by District staff is an alternative. However, it is economical and efficient to collect the charges on the property tax bills, and the owners of the listed parcels have signed agreements allowing this. BACKGROUND: Certain commercial tenants and commercial property owners have entered into written agreements to participate in the District's Capacity Use Program for payment of Capacity Fees over a fifteen -year period. These businesses are listed in Exhibit A (attached). Page 1 of 2 POSITION PAPER Board Meeting Date: July 31, 2014 Suibject., CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT THE FISCAL YEAR 2014 -15 CAPACITY USE CHARGES, ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS, ASSESSMENTS FOR ALHAMBRA VALLEY ASSESSMENT DISTRICTS AND CHARGES FOR OTHER FEE INSTALLMENT PAYMENT PROGRAMS BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL Property owners who have formed CADs have agreed to pay for sewer improvements over a ten -year period. These properties are listed in Exhibit B (attached). Property owners who have formed AVADs have agreed to pay for sewer improvements over a fifteen -year period. These properties are listed in Exhibit C (attached). Certain property owners have entered into written agreements to participate in the District's fee installment payment programs. These properties are listed in Exhibit D (attached). Payments are to be collected by placing assessments and charges on each property owner's tax bill. A resolution of the Board is needed to place Capacity Use Charges, assessments for CADs, assessments for AVADs, and charges for other fee installment payment programs on the Contra Costa County tax roll. COMMITTEE RECOMMENDATION: The Finance Committee reviewed this matter at their July 21, 2014 meeting and recommended that the Board adopt the resolution to place the charges and assessments on the property tax roll for collection. RECOMMENDED BOARD ACTION: Adopt a resolution directing that the Fiscal Year 2014 -15 Capacity Use Charges, assessments for Contractual Assessment Districts, assessments for Alhambra Valley Assessment Districts, and charges for other fee installment payment programs be placed on the Contra Costa County property tax roll for collection. Four affirmative votes are required for adoption. Attached Sum)ortina Documents: 1. Proposed Resolution 2. Exhibit A 3. Exhibit B 4. Exhibit C 5. Exhibit D C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \Conduct PH re Cap Use CAD AVAD Install Pay Programs 7 -31 -14 Final.docxC:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \Conduct PH re Cap Use CAD AVAD Install Pay Programs 7 -31 -14 Final.docx Page 2 of 2 RESOLUTION NO. 2014 - O,ZN A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT THE FISCAL YEAR 2014 -15 CAPACITY USE PROGRAM CHARGES, ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS, ASSESSMENTS FOR ALHAMBRA VALLEY ASSESSMENT DISTRICTS AND CHARGES FOR OTHER FEE INSTALLMENT PAYMENT PROGRAMS BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL WHEREAS, the Central Contra Costa Sanitary District (District) has entered into written agreements with certain commercial tenants and commercial property owners to participate in the District's Capacity Use Program for payment of Capacity Fees in annual installments over a fifteen -year period; and WHEREAS, the District has entered into written agreements with certain property owners who have formed Contractual Assessment Districts to pay for sewer improvements in annual installments over a ten -year period; and WHEREAS, the District has entered into written agreements with certain property owners who have formed Alhambra Valley Assessment Districts to pay for sewer improvements over a fifteen -year period; and WHEREAS, the District has entered into written agreements with certain property owners for payment of Capacity Fees and other certain charges over various periods; and WHEREAS, District Code provides that the District may elect to collect current charges on the property 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 Capacity Use Program charges for the 2014 -15 fiscal year on the Contra Costa County property tax roll; and WHEREAS, it is considered economical and efficient to collect the assessments for the Contractual Assessment Districts for the 2014 -15 fiscal year on the Contra Costa County property tax roll; and WHEREAS, it is considered economical and efficient to collect the assessments for the Alhambra Valley Assessment Districts for the 2014 -15 fiscal year on the Contra Costa County property tax roll; and WHEREAS, it is considered economical and efficient to collect the charges for fee installment payment programs for the 2014 -15 fiscal year on the Contra Costa County property tax roll; Resolution No. 2014 — 07.q Central Contra Costa Sanitary District Page 2 of 2 NOW, THEREFORE, be it resolved by the Board of Directors of the District that the Fiscal Year 2014 -15 Capacity Use Program charges for the commercial tenants and commercial property owners as listed in Exhibit "A ", the Fiscal Year 2014 -15 assessments for Contractual Assessment Districts as listed in Exhibit "B ", the Fiscal Year 2014 -15 assessments for Alhambra Valley Assessment Districts as listed in Exhibit "C ", and the Fiscal Year 2014 -15 charges for other fee installment payment programs as listed in Exhibit "D" are to be collected on the Fiscal Year 2014 -15 Contra Costa County Property Tax Roll, and that said Exhibits "A" through "D" inclusive are attached hereto and by this reference made a part hereof. Passed and adopted this 31St day of July 2014 by the Central Contra Costa Sanitary District 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, 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 A 2014 -15 Capacity Use Agreement Program Charges A Capacity Use Agreement provides for the payment of certain commercial capacity fees over a fifteen year period. The annual charge is based on water consumption and waste strength and is placed on the Contra Costa County property tax roll for collection. APN 2014 -15 CU Charge Business Name Address 125050028 $499.90 164340051 $1,130.04 178160017 $2,608.28 178171012 $8,205.92 178171012 $79.42 178191008 $2,582.00 178250029 $8,422.74 184060018 $4,443.94 199350005 $5,683.04 208041009 $3,462.38 208340004 $13,869.26 213010037 $1,970.20 213610033 $11,228.12 213701002 $3,175.28 220060019 $19,570.04 243170030 $13,413.30 273021005 $328.50 243170030 $3,772.96 243050002 $1,320.54 243222020 $5,168.24 22 $109,304.16 Agmt. End Year Pho Lee Hoa Phat 508 -P Contra Costa Blvd, PH 2018 Mariachi Mexican Grill 6660 Alhambra Ave, Martinez 2017 Lift Lounge and Grill 1321 Locust St, WC 2017 Mc Covey's 1444 N. California Blvd, WC 2018 Harvest Market 1422 N. California Blvd, WC 2026 Eleve Restaurant 1677 N. Main St, WC 2023 Sasa Restaurant 1432 N. Main St, WC 2023 Va de Vi Bistro & Wine Bar 1511 Mt. Diablo Blvd, WC 2018 Pete's Brass Rail 201 Hartz Ave, Danville 2014 Akira Bistro 499 San Ramon Vly Blvd, Danville 2017 Chow Restaurant, Danville 445 Railroad Ave, Danville 2023 Los Panchos, San Ramon 3104 -C & D Crow Cyn Pl, SR 2019 Canyon View Dining Hall 680 Bollinger Cyn Way, SR 2021 Papaya Grill 280 Marketplace, SR 2023 Community for Jewish Livin( 4000 Camino Tassajara, Danville 2015 Chow Restaurant 53/55 Lafayette Circle, Lafayette 2017 Turquoise Mediterranean Gi 70 Moraga Way, Orinda 2022 Roam Artisan Burger 23 Lafayette Circle, Lafayette 2027 Rancho Cantina 3616 Mt. Diablo Blvd, Lafayette 2028 Park Plaza Restaurants 3535 -3539 Plaza Way, Lafayette 2027 EXHIBIT B 2014 -15 Contractual Assessment District (CAD) Charges Contractual Assessment Districts provide for the payment of sewer improvement costs in residential areas over a ten year period. The annual assessment is placed on the Contra Costa County property tax roll for collection. CAD Number and Name Expires APN Levy Amount Parcels Total $$ CAD 02 -4: Arbor Lane CAD 02 -5: La Sonoma Way CAD 02 -6: Via Don Jose CAD 01 -2: Echo Springs Rd CAD 02 -1: Camille Court after 2014 -15 187120014 187120020 187120025 187120041 187120042 after 2014 -15 198111003 198111004 198111005 198112008 198112009 198112010 after 2014 -15 192041010 after 2014 -15 after 2014 -15 192041011 192041012 192041013 192041014 192041015 192041016 192041018 192042002 192042007 192042009 192060011 192060014 192060023 167160001 167160007 167160008 167160021 201040004 201040006 201040008 201040009 201040010 201040011 201040013 201040014 201040015 $3,371.64 $1,185.80 $3,371.64 $3,371.64 $3,371.64 $1,553.22 $1,553.22 $1,553.22 $1,553.22 $1,553.22 $1,553.22 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $1,135.72 $3,370.46 $3,370.46 $3,370.46 $3,370.46 $1,209.64 $1,209.64 $1,209.64 $1,209.64 $1,209.64 $1,209.64 $1,209.64 $1,209.64 $1,209.64 5 $14,672.36 6 $9,319.32 14 $15,900.08 4 $13,481.84 201040016 $1,209.64 201040020 $1,209.64 201040021 $1,209.64 12 $14,515.68 CAD 02 -2: El Alamo after 2014 -15 197130026 $3,183.52 197140028 $3,183.52 197140035 $3,183.52 197140036 $3,360.46 197140041 $3,183.52 197140043 $3,006.58 197140044 $3,183.52 197140048 $1,680.24 197250008 $3,006.58 9 $26,971.46 CAD 02 -8: El Pintado after 2014 -15 197140030 $3,028.88 197150013 $3,207.72 197162013 $3,028.88 3 $9,265.48 CAD 10 -1: Sunnybrook Road after 2020 -21 187110010 $1,443.04 187110012 $1,443.04 187110013 $1,443.04 187110014 $1,443.04 187110015 $1,443.04 187110016 $1,443.04 187110021 $1,443.04 187110022 $1,443.04 187110023 $1,443.04 187110024 $1,443.04 187110026 $1,443.04 187110027 $1,443.04 187110031 $1,443.04 13 $18,759.52 CAD 2010 -2: Vista Del Orinda after 2021 -22 265153010 $2,519.98 after 2021 -22 265140006 $2,519.98 after 2022 -23 265140008 $2,384.54 3 $7,424.50 CAD 2011 -1: St. Mary's Road after 2022 -23 236100004 $6,068.98 236080013 $3,736.78 2 $9,805.76 CAD 2012 -1: Smith Road after 2023 -24 196070007 $4,435.54 after 2023 -24 196070008 $4,392.34 after 2023 -24 196061004 $4,422.76 after 2023 -24 196061015 $3,720.20 4 $16,970.84 Total: 75 Parcels $157,086.84 75 $157,086.84 EXHIBIT C 2012 -13 Alhambra Valley Assessment District (AVAD) Charges Alhambra Valley Assessment Districts provide for the payment of sewer improvement costs in the Alhambra Valley Trunk Sewer area over a fifteen year period. The annual assessment is placed on the Contra Costa County property tax roll for collection. AVAD Number and Name Expires APN Levy Amount Parcels Total $$ AVAD 2007 -1: Alhambra after 2023 -24 366020009 $3,356.76 Valley Trunk Sewer 366020010 $2,745.54 366030018 $2,745.54 366040004 $2,745.54 366040009 $2,745.54 366040014 $2,094.34 366051001 $2,745.54 366052004 $2,745.54 366070003 $2,094.34 366070005 $2,745.54 366070006 $2,745.54 366080001 $2,745.54 366080003 $2,745.54 366080004 $2,745.54 366080006 $2,745.54 366101001 $2,745.54 366102001 $2,745.54 366102006 $2,745.54 366102007 $2,745.54 366102009 $2,745.54 366102011 $2,745.54 366102012 $2,745.54 367130004 $2,745.54 367130024 $2,745.54 AVAD 2007 -2: Gordon / after 2023 -24 367100002 $2,514.22 Millthwait 367100003 $2,514.22 367100004 $2,514.22 367100009 $2,514.22 367100012 $2,514.22 367100013 $2,514.22 367100015 $2,514.22 367100017 $2,514.22 367100018 $2,514.22 367100019 $2,514.22 367111002 $2,514.22 367111005 $2,514.22 24 $65,201.78 AVAD 2007 -3: Reliez Valley after 2023 -24 Road AVAD 2007 -4: Monteira Lane after 2023 -24 after 2023 -24 AVAD 2007 -6: Quail Lane AVAD 2008 -7: Via Vaqueros after 2024 -25 367112003 $1,859.82 367121002 $2,514.22 367121004 $2,514.22 367122001 $2,514.22 367123003 $2,514.22 367123004 $2,514.22 367123005 $2,514.22 367130012 $2,514.22 367130013 $2,514.22 21 $52,144.22 365150080 $3,567.98 366010003 $3,567.98 366010009 $3,567.98 366020001 $3,567.98 366020002 $3,567.98 366020005 $3,567.98 366020008 $3,746.54 7 $25,154.42 366020011 $2,733.92 366020016 $2,733.92 2 $5,467.84 365100015 $4,034.80 365110021 $4,686.02 365110022 $4,686.02 365120003 $4,197.56 365120004 $4,197.56 367150010 $3,546.34 367150013 $3,546.34 7 367130034 $3,165.04 1 $3,165.04 Total: 62 Parcels $180,027.94 62 $180,027.94 FW:1:T US111 2014 -15 Capacity Fee Installment Payment Program and AVAD Extended Financing Program Charges A Capacity Fee Installment Payment Program agreement provides for the payment of residential capacity fees and other fees over a ten year peiod, or a fiften year period in the case of AVAD financing. The annual charge is placed on the Contra Costa County property tax roll for collection. APN Levy Amount Agreement Number Address Expires Capacity Fee Installment Payment Program: $2,740.04 Agmt. 1390710091 $740.62 Agmt. # 11 -134 805 Hutchinson Road, WC 20 -21 1430100212 $740.62 Agmt. # 11 -605 4 Amberwood Lane, WC 20 -21 1622300067 $922.82 Agmt. # 11 -154 3 Kim Court, Martinez 20 -21 1871000228 $742.52 Agmt. # 12 -221 1448 Sunnybrook Road, Alamo 21 -22 1871100143 $740.62 Agmt. # 11 -549 1459 Sunnybrook Road, Alamo 20 -21 1920110143 $742.52 Agmt. # 11 -1274 1440 Laurenita Way, Alamo 21 -22 2600720052 $742.52 Agmt. # 10 -1022 31 Charles Hill Circle, Orinda 21 -22 2651300101 $960.74 Agmt. # 11 -1195 18 Vista del Orinda, Orinda 21 -22 2730630494 $960.74 Agmt. # 12 -96 48 Longridge Road, Orinda 21 -22 2641100207 $1,008.42 Agmt. # 10 -494 211 Canon Drive, Orinda 22 -23 1960700076 $805.70 Agmt. # 13 -549 222 Smith Road, Alamo 23 -24 1871100267 $805.70 Agmt. # 14 -236 1488 Sunnybrook Road, Alamo 23 -24 1871100150 $805.70 Agmt. # 14 -516 1449 Sunnybrook Road, Alamo 23 -24 2360700062 $805.70 Agmt. # 14 -990 710 St. Mary's Road, Lafayette 23 -24 AVAD Extended Financing Program: 3671000051 $2,740.04 Agmt. # 12 -44 3671230021 $2,740.04 Agmt. # 10 -1280 3671300022 $3,338.12 Agmt. # 10 -1287 3671300212 $3,357.58 Agmt. # 11 -732 3651500054 $3,942.16 Agmt. #13 -619 19 $27,642.88 151 Gordon Way, Martinez 26 -27 75 Millthwait Drive, Martinez 26 -27 5124 Alhambra Vly. Rd., Martinez 25 -26 140 Via Vaqueros, Martinez 26 -27 2635 Reliez Valley Rd., Martinez 27 -28