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Home My WebLink About05.a. Public Hearing to place FY 2015-16 Fees and Charges on County Tax RollCentral Contra Costa Sanitary District �Q ' BOARD OF DIRECTORS • POSITION PAPER Board Meeting Date: July 23, 2015 Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT THE FISCAL YEAR 2015 -16 SEWER SERVICE CHARGES, 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 Submitted by. Initiating Dept. /Div.: Thea Vassallo, CPA, CMA Finance Manager Administration / Finance & Accounting Earlene Millier, Engineering Assistant III Engineering & Technical Services / Planning & Development Services Reviewed and recommended for Board action: D. Heath — Director of Administration } D. Gemmell — Planning & Development Services Div. Mgr. J.M. Petit — Director of Engineering & Technical Services Kent. Alm Roger S. Bailey Counsel for the District General Manager ISSUE: District Code and state law require a public hearing for placing the Sewer Service Charges (SSC), Capacity Use Charges, assessments for Contractual Assessment Districts (CADs), assessments for Alhambra Valley Assessment Districts (AVADs), and charges for other fee installment payment programs on the Contra Costa County tax roll for collection. 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: Conduct a public hearing and adopt a resolution directing that the Fiscal Year 2015 -16 Sewer Service Charges, Capacity Use Charges, assessments for CADs, assessments for AVADs, and charges for other fee installment payment programs be placed on the Contra Costa County property tax roll for collection. FINANCIAL IMPACTS: The estimated County- imposed fee for collection of the charges on the tax roll is $100,000. 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. Owners of the properties subject to Capacity Use Charges, CAD and AVAD assessments, and charges for installment payment programs have signed agreements that the charges will be placed on the property tax roll. BACKGROUND: The SSC has been collected on the County tax roll since its inception in 1976. Contra Costa County imposed a fee for collecting the SSC on the tax roll in Fiscal Year 1982 -83. C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \IM9F5ZMU \7 -23 -15 Conduct PH to Place SSC on tax roll (2).doc Page 1 of 2 POSITION PAPER Board Meeting Date: July 23, 2015 Subject., CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT THE FISCAL YEAR 2015 -16 SEWER SERVICE CHARGES, 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 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. 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. 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. 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. Payments are to be collected by placing assessments and charges on each property owner's tax bill. Legal notices were published in the Contra Costa Times and the San Ramon Valley Times for the public hearing. Notice of the public hearing was also posted on the District's website. COMMITTEE RECOMMENDATION: The Finance Committee reviewed this matter at their July 13, 2015 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: Conduct a public hearing and adopt a resolution directing that the Fiscal Year 2015 -16 SSC, Capacity Use Charges, assessments for CADs, assessments for AVADs, 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 Supporting Documents: 1. Proposed Resolution 2. Exhibit A 3. Exhibit B 4. Exhibit C 5. Exhibit D C:\ Users \dandersonWppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \IM9F5ZMU \7 -23 -15 Conduct PH to Place SSC on tax roll (2).doc Page 2 of 2 ATTACHMENT 1 RESOLUTION NO. 2015- 017 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT THE FISCAL YEAR 2015 -16 SEWER SERVICE CHARGES, 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 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 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 Sewer Service Charges for Fiscal Year (FY) 2015 -16 on the Contra Costa County property tax roll; and WHEREAS, it is considered economical and efficient to collect the Capacity Use Program charges for FY 2015 -16 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 FY 2015 -16 on the Contra Costa County property tax roll; and Resolution No. 2015-0/7 Central Contra Costa Sanitary District Page 2 of 2 WHEREAS, it is considered economical and efficient to collect the assessments for the Alhambra Valley Assessment Districts for FY 2015 -16 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 FY 2015 -16 on the Contra Costa County property tax roll. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District that the FY 2015 -16 Sewer Service Charges, the Capacity Use Program charges for the commercial tenants and commercial property owners as listed in Exhibit "A ", the FY 2015 -16 assessments for Contractual Assessment Districts as listed in Exhibit "B ", the FY 2015 -16 assessments for Alhambra Valley Assessment Districts as listed in Exhibit "C ", and the FY 2015 -16 charges for other fee installment payment programs as listed in Exhibit "D" are to be collected on the FY 2015 -16 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 23rd day of July 2015 by the Central Contra Costa Sanitary District Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill, P.E. 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 2015 -16 Capacity Use 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 Levy Amount Business Name Address Agmt. End Year Capacity Use Agreements: 125050028 $505.74 Pho Lee Hoa Phat 508 -P Contra Costa Blvd, PH 2018 164340051 $1,526.56 Mariachi Mexican Grill 6660 Alhambra Ave, Martinez 2017 178160017 $881.72 Lift Lounge and Grill 1321 Locust St, WC 2017 178191008 $2,118.76 Eleve Restaurant 1677 N. Main St, WC 2023 178250029 $7,198.52 Sasa Restaurant 1432 N. Main St, WC 2023 184060018 $5,570.88 Va de Vi Bistro & Wine Bar 1511 Mt. Diablo Blvd, WC 2018 208041009 $2,947.84 Akira Bistro 499 San Ramon Vly Blvd, Danville 2017 208340004 $17,002.72 Chow Restaurant, Danville 445 Railroad Ave, Danville 2023 213010037 $2,479.94 Los Panchos, San Ramon 3104 -C & D Crow Cyn Pl, SR 2019 213610033 $5,540.36 Canyon View Banquet Hall 680 Bollinger Cyn Way, SR 2021 213701002 $2,797.54 Papaya Grill 280 Marketplace, SR 2023 243170030 $10,799.10 Chow Restaurant 53/55 Lafayette Circle, Lafayette 2017 243170030 $3,803.24 Roam Artisan Burger 23 Lafayette Circle, Lafayette 2027 273021005 $217.14 Turquoise Mediterranean G 70 Moraga Way, Orinda 2022 243050002 $118.44 Rancho Cantina 3616 Mt. Diablo Blvd, Lafayette 2028 243222020 $776.44 Park Plaza Restaurants 3535 -3539 Plaza Way, Lafayette 2027 148202071 $243.46 Heavenly Cafe 3116 Oak Road, Walnut Creek 2030 233031021 $229.08 Boneheads Texas BBQ 3422 Mt. Diablo Blvd, Lafayette 2030 241030011 $1,651.58 Bistro Burger & Grill 3651 Mt. Diablo Blvd, Lafayette 2030 19 $66,409.06 EXHIBIT B 2015 -16 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 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 $2,518.98 after 2021 -22 265140006 $2,518.98 after 2022 -23 265140008 $2,384.54 3 $7,422.50 CAD 2011 -1: St. Mary's Road after 2022 -23 236100004 $6,068.98 after 2022 -23 236070024 $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 3 $13,250.64 Total: 21 Parcels $49,238.42 EXHIBIT C 2015 -16 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 A Expires APN Levy Amount Parcels Total $$ AVAD 2007 -1 Alhambra Valley Trunk A after 2023 -24 366020009 $3,356.76 A 366020010 $2,745.54 A 366030018 $2,745.54 A 366040004 $2,745.54 A 366040009 $2,745.54 A 366040014 $2,094.34 A 366051001 $2,745.54 A 366052004 $2,745.54 A 366070003 $2,094.34 A 366070005 $2,745.54 A 366070006 $2,745.54 A 366080001 $2,745.54 A 366080003 $2,745.54 A 366080004 $2,745.54 A 366080006 $2,745.54 A 366101001 $2,745.54 A 366102001 $2,745.54 A 366102006 $2,745.54 A 366102007 $2,745.54 A 366102009 $2,745.54 A 366102011 $2,745.54 A 366102012 $2,745.54 A 367130004 $2,745.54 A 367130024 $2,745.54 24 $65,201.78 AVAD 2007 -2 Gordon /Milthwait A after 2023 -24 367100002 $2,514.22 A 367100004 $2,514.22 A 367100009 $2,514.22 A 367100012 $2,514.22 A 367100013 $2,514.22 A 367100015 $2,514.22 A 367100017 $2,514.22 A 367100018 $2,514.22 A 367100019 $2,514.22 A 367111002 $2,514.22 A 367111005 $2,514.22 A 367121002 $2,514.22 A 367121004 $2,514.22 A 367122001 $2,514.22 A 367123003 $2,514.22 A 367123004 $2,514.22 A 367123005 $2,514.22 A 367130012 $2,514.22 A 367130013 $2,514.22 19 $47,770.18 AVAD 2007 -3 Reliez Valley Road A after 2023 -24 365150080 $3,567.98 A 366010003 $3,567.98 A 366010009 $3,567.98 A 366020018 $3,567.98 A 366020019 $3,567.98 A 366020005 $3,567.98 A 366020008 $3,746.54 AVAD 2007 -4 Monteira A after 2023 -24 366020011 $2,733.92 A 366020016 $2,733.92 AVAD 2007 -6 Quail A after 2023 -24 365100015 $4,034.80 A 365110021 $4,686.02 A 365110022 $4,686.02 A 365120003 $4,197.56 A 365120004 $4,197.56 A 367150013 $3,546.34 AVAD 2008 -7 Via Vaqueros A after 2024 -25 367130034 $3,165.04 Total: 59 Parcels $172,107.56 6 1 $25,154.42 $5,467.84 $3,165.04 EXHIBIT D 2015 -16 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 period, or a fifteen year period in the case of AVAD financing. The annual charge is placed on the Contra Costa County property tax roll for collection. Capacity Fee Installment Payment Accounts: 1390710091 $740.62 Agmt. # 11 -134 1430100212 $740.62 Ag mt. # 11 -605 1622300067 $922.82 Agmt. # 11 -154 1871100226 $742.52 Agmt. # 12 -221 1871100143 $740.62 Agmt. # 11 -549 2600720052 $742.52 Agmt. # 10 -1022 2651530103 $960.74 Agmt. # 11 -1195 2730630494 $960.74 Agmt. # 12 -96 2641100207 $1,008.42 Agmt. # 10 -494 1960700076 $796.90 Agmt. # 13 -549 1871100267 $796.90 Agmt. # 14 -236 1871100150 $796.90 Agmt. # 14 -516 AVAD Extended Financing Accounts: 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 3670900160 $3,842.90 Agmt. #14 -1621 3660400155 $3,094.02 Agmt. #15 -218 19 Parcels $33,005.18 805 Hutchinson Road, WC 20 -21 4 Amberwood Lane, WC 20 -21 3 Kim Court, Martinez 20 -21 1448 Sunnybrook Road, Alamo 21 -22 1459 Sunnybrook Road, Alamo 20 -21 31 Charles Hill Circle, Orinda 21 -22 18 Vista del Orinda, Orinda 21 -22 48 Longridge Road, Orinda 21 -22 211 Canon Drive, Orinda 22 -23 222 Smith Road, Alamo 23 -24 1488 Sunnybrook Road, Alamo 23 -24 1449 Sunnybrook Road, Alamo 23 -24 151 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 3 Millican Court, Martinez 29 -30 5103 Alhambra Valley Road, Martin, 29 -30