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HomeMy WebLinkAbout05.a. Conduct a public hearing to place charges on the Property Tax Roll for Collection - Sewer Service Charges, Capacity Use Charges, Assessments for CADs and AVADs , and other fee installment payment programsCentral Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 21, 2016 Subject: 5.a. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT THE FISCAL YEAR 2016-17 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 COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL Submitted by: Initiating Dept./Div.: Thea Vassallo, CPA, CMA Finance Manager Administration / Finance & Accounting Thomas Brightbill, Senior Engineer Engineering & Technical Services / Planning & Development Services Reviewed and recommended for Board action: D. Gemmell — Planning & Development Services Div. Mgr. J.M. Petit — Director of Engineering & Technical Services Kent Alm Counsel for the District Roger S. Bailey General Manager ISSUE: District Code and state law require a public hearing for placing`he 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 2016-17 Sewer Service Charges, Capacity Use Charges, assessments for CADs, assessments for AVADs, and charges for other fee installment payment programs be collected on the Contra Costa County property tax roll. 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. The Fiscal Year 2016-17 SSC rates were adopted on June 4, 2015 and are effective July 1, 2016. The rate for single family homes is $503 per parcel. SSC rates Page 1 of 2 POSITION PAPER Board Meeting Date: July 21, 2016 Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT THE FISCAL YEAR 2016-17 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 COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL for other property types can be found in Ordinance 285. Contra Costa County imposed a fee for collecting the SSC on the tax roll in Fiscal Year 1982-83. 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 June 27, 2016 meeting. RECOMMENDED BOARD ACTION: Conduct a public hearing and adopt a resolution directing that the Fiscal Year 2016-17 SSC, Capacity Use Charges, assessments for CADs, assessments for AVADs, and charges for other fee installment payment programs be collected on the Contra Costa County property tax roll. Four affirmative votes are required for adoption. Attached Su000rtina Documents: 1. Proposed Resolution, including Exhibits A through D Page 2 of 2 ATTACHMENT 1 ' RESOLUTION NO. 2016-P22 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT THE FISCAL YEAR 2016-17 SEWER SERVICE CHARGES, CAPACITY USE CHARGE 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 Charge Program for payment of capacity fees in annual installments over a 15 -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 10 -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 15 -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 all of the above- described fees and charges for Fiscal Year 2016-17 on the Contra Costa County property tax roll. Resolution No. 2016-022. Central Contra Costa Sanitary District Page 2 of 2 NOW, THEREFORE, be it resolved by the Board of Directors of the District that the following fees and charges for Fiscal Year 2016-17 are to be collected on the Fiscal Year 2016-17 Contra Costa County Property Tax Roll: 1. Sewer Service Charges; 2. Capacity Use Charge Program charges for the commercial tenants and commercial property owners as listed in Exhibit "A;" 3. Assessments for Contractual Assessment Districts as listed in Exhibit "B;" 4. Assessments for Alhambra Valley Assessment Districts as listed in Exhibit "C;" and 5. Charges for other fee installment payment programs as listed in Exhibit "D," AND that said Exhibits "A" through "D" inclusive are attached hereto and by this reference made a part hereof. Passed and adopted this 21st day of July 2016 by the Central Contra Costa Sanitary District Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki 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 Central Contra Costa Sanitary District 2016-17 Capacity Use Agreement Program Charges A Capacity Use Charge Agreement provides for the payment of certain commercial capacity fees over a fifteen year period. The annual charge is based on consumption and waste strength and is placed on the Contra Costa County property tax roll for collection. APN 125-050-028-5 164-340-051-6 178-160-017-4 178-191-008-6 178-250-029-0 184-060-018-1 208-041-009-1 208-340-004-0 213-010-037-9 213-610-033-2 213-701-002-7 243-170-030-7 273-021-005-7 243-050-002-1 243-222-020-6 148-202-071-4 233-031-021-6 241-030-011-1 127-040-020-1 243-222-001-6 20 parcels Levy Amount $454.58 $1,232.28 $1,616.96 $4,824.80 $6,396.12 $9,028.38 $3,051.36 $15,113.36 $927.74 $2,027.72 $2,631.22 $15,550.84 $91.28 $2,491.94 $5,057.88 $1,564.80 $400.92 $1,766.92 $1,504.10 $4,021.54 $79,754.74 Business Name Address Pho Lee Hoa Phat Fortune City Restaurant Lift Lounge and Grill Eleve Restaurant Sasa Restaurant Va de Vi Bistro & Wine Bar Masala Indian Fusion Chow Restaurant, Danville Los Panchos, San Ramon Canyon View Dining Hall Papaya Grill Chow Restaurant, Roam Turquoise Mediterranean Rancho Cantina Park Plaza Restaurants Heavenly Cafe Boneheads Texas BBQ Bistro Burger & Grill El Aguila Mexican Cuisine Swad Indian Cuisine 508-P Contra Costa Blvd, PH 6660 Alhambra Ave, Martinez 1321 Locust St, WC 1677 N. Main St, WC 1432 N. Main St, WC 1511 Mt. Diablo Blvd, WC 499 San Ramon Vly Blvd, Danville 445 Railroad Ave, Danville 3104-C & D Crow Cyn PI, SR 680 Bollinger Cyn Way, SR 280 Marketplace, SR 21/23 and 53/55 Lafayette Cir, Laf. Grill 70 Moraga Way, Orinda 3616 Mt. Diablo Blvd., Lafayette 3535-3539 Plaza Way, Lafayette 3116 Oak Road, Walnut Creek 3422 Mt. Diablo Blvd., Lafayette 3651 Mt. Diablo Blvd., Lafayette 1300 Contra Costa Blvd., Pleas. Hill 960 Moraga Road, Lafayette Agmt. End Year 2018 2017 2017 2023 2023 2018 2017 2023 2019 2021 2023 2017,2027 2022 2028 2027 2030 2030 2030 2031 2031 EXHIBIT B Central Contra Costa Sanitary District 2016-17 Contractual Assessment District (CAD) Charges Contra Costa County GA Levy 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 CAD 10-1: Sunnybrook Road after 2020-21 187-110-010-1 187-110-012-7 187-110-013-5 187-110-014-3 187-110-015-0 187-110-016-8 187-110-021-8 187-110-022-6 187-110-023-4 187-110-024-2 187-110-026-7 187-110-027-5 187-110-031-7 CAD 2010-2: Vista Del Orinda after 2021-22 265-153-010-3 265-140-006-7 265-140-008-3 CAD 2011-1: St Mary's Road after 2022-23 236-100-004-1 236-070-024-5 CAD 2012-1: Smith Road Total: after 2023-24 196-070-007-6 196-070-008-4 196-061-004-4 Levy Amount Parcels Total $$ $1,443.04 $1,443.04 $1,443.04 $1,443.04 $1,443.04 $1,443.04 $1,443.04 $1,443.04 $1,443.04 $1,443.04 $1,443.04 $1,443.04 $1,443.04 13 $18,759.52 $2,518.98 $2,518.98 $2,384.54 3 $7,422.50 $6,068.98 $3,736.78 2 $9,805.76 $4,435.54 $4,392.34 $4,422.76 3 $13,250.64 16 $26,182.02 EXHIBIT C Central Contra Costa Sanitary District 2016-17 Alhambra Valley Assessment District (AVAD) Charges Contra Costa County CI Levy Alhambra Valley Assessment Districts provide for the payment of sewer improvement costs in the Alhambra Valley Trunk Sewer area over a fifteen year period. The annual assessment is placed on the Contra Costa County property tax roll for collection. AVAD Number and Name Expires APN Levy Amount Parcels Total $$ AVAD 2007-1: Alhambra after 2023-24 366-020-009-2 $3,356.76 Valley Trunk Sewer 366-020-010-0 $2,745.54 366-030-018-1 $2,745.54 366-040-004-9 $2,745.54 366-040-009-8 $2,745.54 366-040-014-8 $2,094.34 366-051-001-1 $2,745.54 366-052-004-4 $2,745.54 366-070-003-4 $2,094.34 366-070-005-9 $2,745.54 366-070-006-7 $2,745.54 366-080-001-6 $2,745.54 366-080-003-2 $2,745.54 366-080-004-0 $2,745.54 366-080-006-5 $2,745.54 366-101-001-1 $2,745.54 366-102-001-0 $2,745.54 366-102-006-9 $2,745.54 366-102-007-7 $2,745.54 366-102-009-3 $2,745.54 366-102-011-9 $2,745.54 366-102-012-7 $2,745.54 367-130-004-8 $2,745.54 367-130-024-6 $2,745.54 24 $65,201.78 AVAD 2007-2: Gordon / after 2023-24 367-100-002-8 $2,514.22 Millthwait 367-100-004-4 $2,514.22 367-100-009-3 $2,514.22 367-100-012-7 $2,514.22 367-100-013-5 $2,514.22 367-100-015-0 $2,514.22 367-100-017-6 $2,514.22 367-100-018-4 $2,514.22 367-100-019-2 $2,514.22 Exhibit C - Page 1 AVAD Number and Name Expires AVAD 2007-3: Reliez Valley after 2023-24 Road AVAD 2007-4: Monteira Lane after 2023-24 AVAD 2007-6: Quail Lane after 2023-24 AVAD 2008-7: Via Vaqueros after 2024-25 Total: APN 367-111-002-5 367-111-005-8 367-121-002-3 367-121-004-9 367-122-001-4 367-123-003-9 367-123-004-7 367-123-005-4 367-130-012-1 367-130-013-9 365-150-080-7 366-010-003-7 366-010-009-4 366-020-001-9 366-020-002-7 366-020-005-0 366-020-008-4 366-020-011-8 366-020-016-7 365-100-015-4 365-110-021-0 365-110-022-8 365-120-003-6 365-120-004-4 367-150-013-4 367-130-034-5 Exhibit C - Page 2 Levy Amount Parcels Total $$ $2,514.22 $2,514.22 $2,514.22 $2,514.22 $2,514.22 $2,514.22 $2,514.22 $2,514.22 $2,514.22 $2,514.22 19 $47,770.18 $3,567.98 $3,567.98 $3,567.98 $3,567.98 $3,567.98 $3,567.98 $3,746.54 $2,733.92 $1,380.52 7 $25,154.42 2 $4,114.44 $4,034.80 $4,686.02 $4,686.02 $4,197.56 $4,197.56 $3,546.34 6 $25,348.30 $3,165.04 1 $3,165.04 59 $170,754.16 EXHIBIT D Central Contra Costa Sanitary District 2016-17 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 assessment is placed on the Contra Costa County property tax roll for collection. Agmt. No. Address Expires APN Levy Amount Capacity Fee Installment Payment Program: 10-494 10-1022 11-134 11-154 11-549 11-605 11-1195 11-1274 12-221 13-549 14-236 14-516 15-1194 16-520 211 Canon Drive, Orinda 31 Charles Hill Circle, Orinda 805 Hutchinson Road, Walnut Creek 3 Kim Court, Martinez 1459 Sunnybrook Road, Alamo 4 Amberwood Lane, Walnut Creek 18 Vista del Orinda, Orinda 1440 Laurenita Way, Alamo 1448 Sunnybrook Road, Alamo 222 Smith Road, Alamo 1488 Sunnybrook Road, Alamo 1449 Sunnybrook Road, Alamo 133 Via Serena, Alamo 1407 Entrada Verde Place, Alamo AVAD Extended Financing Program: 10-1280 75 Millthwait Drive, Martinez 10-1287 11-732 12-44 13-619 14-1621 15-218 5124 Alhambra Vly. Rd., Martinez 140 Via Vaqueros, Martinez 151 Gordon Way, Martinez 2635 Reliez Valley Road, Martinez 3 Millican Court, Martinez 5103 Alhambra Valley Road, Martinez Total: after 2022-23 264-110-020-7 $1,008.42 after 2021-22 260-072-005-2 $742.52 after 2020-21 139-071-009-1 $740.62 after 2020-21 162-230-006-7 $922.82 after 2020-21 187-110-014-3 $740.62 after 2020-21 143-010-021-2 $740.62 after 2021-22 265-153-010-3 $960.74 after 2021-22 192-011-014-3 $742.52 after 2021-22 187-110-022-6 $742.52 after 2023-24 196-070-007-6 $796.90 after 2023-24 187-110-026-7 $796.90 after 2023-24 187-110-015-0 $796.90 after 2025-26 198-063-007-1 $807.26 after 2025-26 192-020-022-5 $807.26 after 2026-27 after 2025-26 after 2026-27 after 2026-27 after 2027-28 after 2025-26 after 2025-26 367-123-002-1 367-130-002-2 367-130-021-2 367-100-005-1 365-150-005-4 367-090-016-0 366-040-015-5 21 parcels $2,740.04 $3,338.12 $3,357.58 $2,740.04 $3,942.16 $2,842.90 $3,094.02 $32,393.06