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HomeMy WebLinkAbout08. Public hearing re South Jackson Way CAD in Alamo to confirm and levy final assessments and adopt ordinance establishing reimbursement fees Page 1 of 17 Item 8. CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: AUGUST 16, 2018 SUBJECT: CONDUCTA PUBLIC HEARING TO CONSIDER ADOPTING THE FOLLOWING FOR SOUTH JACKSON WAY CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2016-1 IN ALAMO: • RESOLUTI ON NO. 2018-019 CONFI RMI NG AND LEVYI NG FI NAL ASSESSMENTS; • RESOLUTION NO. 2018-020 DI RECTI NG THAT THE FISCAL YEAR 2018-19 ASSESSMENTS BE PLACED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL FOR COLLECTION; AND • UNCODIFIED ORDINANCE NO. 303 ESTABLISHING REIMBURSEMENT FEES FOR THE PROPERTIES WHICH CONNECT TO DISTRICT PROJECT 6602 (SOUTH JACKSON WAYCAD NO. 2016- 1) SUBMITTED BY: INITIATING DEPARTMENT: RUSSELL LEAVITT, ENGINEERING ENGINEERING AND TECHNICAL SERVICES- ASSISTANT I I I PDS-RATES AND FEES REVIEWED BY: THOMAS BRIGHTBILL, SENIOR ENGINEER DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL SERVICES Roger S. Bailey General Manager August 16, 2018 Regular Board Meeting Agenda Packet- Page 71 of 149 Page 2 of 17 ISSUE Board 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. BACKGROUND The Board of Directors ordered improvements for South Jackson Way CAD No. 2016-1 in Alamo at its April 7, 2016 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 22 properties. Ten property owners are voluntarily participating in this CAD. Based on these final costs, the final assessments for each participating property have been determined and appear as Exhibit C, Assessment Roll. 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 2018-19 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 September 17, 2018 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 10-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. If they connect within 20 years of the date Central San accepts the improvements, the CAD contract specifies that Central San 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 2 of Exhibit F. Of the remaining 12 non-participants, the first to connect would pay 1/11th of the cost ($32,133), which would be disbursed to the 10 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 1/1 2th of the cost ($29,455). That amount would be disbursed to the then 11 prior participants. Appropriate notices have been posted and published in both the Contra Costa Times and the San Ramon Valley Times. I n addition, individual letter notices were mailed to the owners of all affected properties, as required by District Code. ALTERNATIVES/CONSIDERATIONS Not applicable. FINANCIAL IMPACTS This action will allow Central San to be reimbursed for project costs totaling $369,810. 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. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. August 16, 2018 Regular Board Meeting Agenda Packet- Page 72 of 149 Page 3 of 17 RECOMMENDED BOARD ACTION Conduct a public hearing; adopt a resolution confirming and levying final assessments for the South Jackson Way CAD No. 2016-1; adopt a resolution directing that the Fiscal Year 2018-19 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 6602 (South Jackson Way CAD No. 2016-1). Strategic Plan re-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Build external customer relationships and awareness, Strategy 3- Maintain a strong reputation in the community ATTACHMENTS: 1. Exh. A-Approved Boundary Map 2. Exh. B - Final Cost Report 3. Exh. C - Final Assessment Roll 4. Exh. D - Proposed Resolution Confirming Final Assessments 5. Exh. E - Proposed Resolution to collect FY 2108-19 Assessment on the County Tax Roll 6. Exh. F - Proposed Ordinance August 16, 2018 Regular Board Meeting Agenda Packet- Page 73 of 149 Page 4 of 17 c rea � 00 _ Z .p u Round = C— Ston Va'rey Hdl C- DETAILClub" INI AREA Alamo y A;gym: n U 22 m E Damwilil'e O 2 20 21 19I C�SoN — JP O 4 5 18 A o �^ c �^ 6 = 17 9 v- 7 rn � z 16 8 � cNPgO G O 15 �� OR 10 11 © 1 or Q �a� San 0 # Assessment Number E� ao ® Participating in CAD S��N�v PLL O Sewer Structure Q Project Sewer U Existing Sewer N y — ■ CAD Area QN, 0 150 300 Tax Parcel Feet \ c� Approved Boundary and Exhibit CENTML SAN Assessment Numbers A �? South Jackson Way CAD 2016-1 Z August 16, 2018 Regular Board Meeting Agenda Packet- Page 74 of 149 Page 5 of 17 EXHIBIT B SOUTH JACKSON WAY CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2016-1; TWENTY-TWO PARCELS FINAL COST REPORT — AUGUST 2018 ITEM AMOUNT (a) Construction 8-inch diameter sewer, manholes, paving $277,530 Street laterals and extra paving (not reimbursable) $16,350 Total Construction Cost $293,880 Private Engineering Survey and Design $47,860 Other Agency Fees $5,000 Total Private Engineering Cost $52,860 Central San Services Plan Review – Mainline $4,500 Construction Inspection $18,570 Total Central San Costs $23,070 TOTAL PROJECT COST (CONSTRUCTION + PRIVATE ENGINEERING + CENTRAL SAN) $369,810 TOTAL REIMBURSABLE COST (a) $353,460 (a) (a) This is the total general cost of the project upon which the reimbursement charge for non-participants will be based. This amount does not include the $16,350 in street laterals and extra paving on Linden Court provided to specific participants. Those participants will share these additional costs as appropriate. August 16, 2018 Regular Board Meeting Agenda Packet- Page 75 of 149 EXHIBIT C FINAL ASSESSMENT ROLL SOUTH JACKSON WAY CAD 2016-1 Assess Prepaid Annual # APN Name Parcel Address Mail Address Mail City State Zip Amount Financed Payment 1 192-050-016-0 RUSSELL P&KAREN 1418 JACKSON WAY 1418 JACKSON WAY ALAMO CA 94507 $36,396 $4,945.06 BOATES TRE BRADLEY D& LINDA B Not Not 2 192-050-017-8 BAER TRE 99 N JACKSON WAY 99 N JACKSON WAY ALAMO CA 94507 participating participating 3 192-071-016-5 JOHN P&ADRIANA P 1421 JACKSON WAY 1421 JACKSON WAY ALAMO CA 94507 $36,396 $4,945.06 MCGRATH 4 192-071-017-3 DONNA JEAN HATFIELD 1411 JACKSON WAY 1411 JACKSON WAY ALAMO CA 94507 Not Not TRE participating participating 5 192-071-018-1 KEVIN &KRISTEN 105 S JACKSON WAY 105 S JACKSON WAY ALAMO CA 94507 Not Not BARKER TRE participating participating 6 192-071-019-9 MICHAEL FINN TRE 115 S JACKSON WAY 115 S JACKSON WAY ALAMO CA 94507 Not Not participating participating 7 192-071-020-7 JO ANN DELFINO 135 S JACKSON WAY 135 S JACKSON WAY ALAMO CA 94507 Not Not participating participating 8 192-071-021-5 Rot COHNEIDERMANN 145 S JACKSON WAY 145 S JACKSON WAY ALAMO CA 94507 Not participating participating 9 192-071-022-3 TWIIE IAM R WESTFALL 151 S JACKSON WAY 151 S JACKSON WAY ALAMO CA 94507 $37,996 $5,162.44 10 192-071-024-9 NICHOLAS RINI 10 LINDEN CT 10 LINDEN CT ALAMO CA 94507 Not Not participating participating 11 192-071-025-6 ANDREW&COURTNEY 12 LINDEN CT 12 LINDEN CT ALAMO CA 94507 $37,996 $5,162.44 BAUGH 12 192-071-067-8 JONATHON G & 14 LINDEN CT 14 LINDEN CT ALAMO CA 94507 $37,996 $5,162.44 NGUYET PFORR TRE 13 192-071-066-0 MICHAEL POTTINGER& 175 S JACKSON WAY 175 S JACKSON WAY ALAMO CA 94507 $37,443 $5,087.30 PAMELA A MORRIS 14 j 192-072-013-1 j SHARON J WHITE TRE 170 S JACKSON WAY 170 S JACKSON WAY ALAMO CA 94507 j $36,396 j $4,945.06 August 16, 2018 Regular Board Meeting Agenda Packet- Page 76 of 149 EXHIBIT C FINAL ASSESSMENT ROLL SOUTH JACKSON WAY CAD 2016-1 Assess Prepaid Annual # APN Name Parcel Address Mail Address Mail City State Zip Amount Financed Payment 15 192-072-015-6 DOUGLAS&SANDRA 164 S JACKSON WAY 164 S JACKSON WAY ALAMO CA 94507 $36,396 $4,945.06 FERREIRA TRE 16 192-072-003-2 SCOTT R& NICOLE 146 S JACKSON WAY 146 S JACKSON WAY ALAMO CA 94507 $36,396 $4,945.06 MCCAUGHIN TRE 17 192-072-021-4 MICHAEL D&APRYL 134 S JACKSON WAY 134 S JACKSON WAY ALAMO CA 94507 $36,396 $4,945.06 BONANNO TRE SAMUEL E&KIKU T YORBA LINDA CA Not Not 18 192-072-008-1 EARDLEY TRE 114 S JACKSON WAY 5266 LAUREL VIEW CIR 92886 participating participating 19 192-072-020-6 MONICA A REYNOSO- 2 LYMAN LN 2 LYMAN LN ALAMO CA 94507 Not Not GONZALEZ participating participating 20 192-072-011-5 ESTATE OF EDGARS V 1 LYMAN LN 1 LYMAN LN ALAMO CA 94507 Not Not TREKTERIS participating participating 21 192-072-009-9 ALICE Y PARK 104 S JACKSON WAY 104 N JACKSON WAY ALAMO CA 94507 Not Not participating participating 22 192-060-001-0 ARIJA S NEIMAN TRE 98 N JACKSON WAY 98 N JACKSON WAY ALAMO CA 94507 Not Not participating participating August 16, 2018 Regular Board Meeting Agenda Packet- Page 77 of 149 Page 8 of 17 EXHIBIT D RESOLUTION NO. 2018- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFIRMING FINAL ASSESSMENTS FOR SOUTH JACKSON WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 2016-1 WHEREAS, This Board of Directors (Board) of the Central Contra Costa Sanitary District (Central San) has taken a series of actions preliminary to establishing final assessments for the South Jackson Way Contractual Assessment District (CAD) No. 2016-1, Central San, Contra Costa County, California. NOW, THEREFORE, The Board of Central San resolves: 1. The Board adopted its Resolution of Intention (Resolution No. 2016-001) to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Thomas Brightbill, Engineer of Work, to prepare the report required by Section 5898.22 of the Streets and Highways Code. 2. Pursuant to Resolution No. 2016-002, the Board approved a map showing the boundaries of the land benefited by the proposed improvement. The improvement is generally described as follows: Design and construction of approximately 1,558 linear feet of eight-inch sanitary sewer pipeline together with appurtenant work and facilities located along Jackson Way, South Jackson Way and Linden Court in Alamo, California. 3. The Board established April 7, 2016, as the date for a public hearing to create the South Jackson Way CAD No. 2016-1. 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 conducted a public hearing on April 7, 2016, 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. 6. The Board found that less than a majority of parcel owners who returned ballots, weighted by financial obligation, opposed the proposed assessment. August 16, 2018 Regular Board Meeting Agenda Packet- Page 78 of 149 Page 9 of 17 Resolution No. 2018- South Jackson Way CAD No. 2016-1 Page 2 of 3 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 Central San 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 October 23, 2017. 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 September 17, 2018. 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. August 16, 2018 Regular Board Meeting Agenda Packet- Page 79 of 149 Page 10 of 17 Resolution No. 2018- South Jackson Way CAD No. 2016-1 Page 3 of 3 PASSED AND ADOPTED this 16th day of August, 2018, by the Board of Central San 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: Katie Young 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 August 16, 2018 Regular Board Meeting Agenda Packet- Page 80 of 149 Page 11 of 17 EXHIBIT E RESOLUTION NO. 2018- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT THE FISCAL YEAR 2018-19 ASSESSMENT FOR SOUTH JACKSON WAY CONTRACTUAL ASSESSMENT DISTRICT (2016-1) BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL WHEREAS, the Central Contra Costa Sanitary District (Central San) has entered into written agreements with certain property owners who have formed Contractual Assessment Districts (CAD) to pay for sewer improvements over a 10-year period; and WHEREAS, the District Code provides that Central San 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 South Jackson Way CAD (2016-1) for the 2018-19 fiscal year on the Contra Costa County tax roll. NOW, THEREFORE, be it resolved by the Board of Directors of Central San that the fiscal year 2018-19 assessment for the South Jackson Way CAD (2016-1) 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 16th day of August, 2018 by the Board of Directors of Central San 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 August 16, 2018 Regular Board Meeting Agenda Packet- Page 81 of 149 Page 12 of 17 Resolution No. 2018- Smith Road CAD No. 2016-1 Page 2 of 2 COUNTERSIGNED: Katie Young 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 August 16, 2018 Regular Board Meeting Agenda Packet- Page 82 of 149 Page 13 of 17 EXHIBIT 1 CAD 2016-1: South Jackson Way Assessor's Parcel Number Amount 192-050-016-0 $4,945.06 192-071-016-5 $4,945.06 192-071-022-3 $5,162.44 192-071-025-6 $5,162.44 192-071-067-8 $5,162.44 192-071-066-0 $5,087.30 192-072-013-1 $4,945.06 192-072-015-6 $4,945.06 192-072-003-2 $4,945.06 192-072-021-4 $4,945.06 Total 10 parcels $50,244.98 August 16, 2018 Regular Board Meeting Agenda Packet- Page 83 of 149 Page 14 of 17 EXHIBIT F ORDINANCE NO. AN ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO DISTRICT PROJECT 6602 (SOUTH JACKSON WAY CONTRACTUAL ASSESSMENT DISTRICT 2016-1) IN ALAMO WHEREAS, the Central Contra Costa Sanitary District (Central San) Code Chapter 6.20 provides for reimbursement to installers of standard and special facilities from fees charged to 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 6602 (South Jackson Way Contractual Assessment District (CAD) 2016-1), 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 Central San's CAD 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 Board of Directors' regularly scheduled meeting on August 16, 2018. NOW, THEREFORE, the Board of Directors of Central San does ordain as follows: Section 1 The reimbursement fees applicable to properties that connect to District Project 6602 (South Jackson Way CAD 2016-1) 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 Central San's CAD Program. Section 2 The reimbursement fees set forth in Exhibit 2 of this ordinance shall be administered, adjusted, and collected according to the provisions of Central San's CAD Program. August 16, 2018 Regular Board Meeting Agenda Packet- Page 84 of 149 Page 15 of 17 Ordinance No. Central Contra Costa Sanitary District Page 2of2 Section 3 This ordinance shall be a general regulation of Central San and shall be published once in the Contra Costa Times and the San Ramon Valley Times, newspapers of general circulation within Central San, 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 Central San on the 16th day of August, 2018, 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 Katie Young 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 August 16, 2018 Regular Board Meeting Agenda Packet- Page 85 of 149 Page 16 of 17 a \ - x 00 17 a Round 2 Ston Veifey Hill DETA L CC;b" 'N, AREA o x cn Alamo 5 1 l •' GE zz N N Danville 2 20 � 1 N 21 N 19`N .�py S CKSCO 3 N N 18Nin P C 6 N i 17 v 7N 16 o N >' 9 GN 10 G 9 15 k., °j`` 1 o N <GQ 11 1 14 3 12 # Assessment Number 4�yao N Non-Participant E E`�P4 O Sewer Structure �I Project Sewer U Existing Sewer N - - a" 0 150 300 CAD Area Feet Tax Parcel c� Non-Participating Exhibit CENTRAL SAN (Reimbursement) Properties 1 • South Jackson Way CAD 2016-1 Z August 16, 2018 Regular Board Meeting Agenda Packet- Page 86 of 149 Page 17 of 17 EXHIBIT 2 SOUTH JACKSON WAY CAD 2016-1 REIMBURSEMENT FEES FOR CENTRAL SAN DISTRICT PROJECT 6602 Existing CAD Participants 10 Total Project Cost $353,460 First Non-participant 1/11 of Subtotal Project Cost $32,133 Connector(#11) Second Non-participant 1/12 of Subtotal Project Cost $29,455 Connector(#12) Third Non-participant 1/13 of Subtotal Project Cost $27,189 Connector(#13) Fourth Non-participant 1/14 of Subtotal Project Cost $25,247 Connector(#14) Fifth Non-participant 1/15 of Subtotal Project Cost $23,564 Connector(#15) Sixth Non-participant Connector(#16) 1/16 of Subtotal Project Cost $22,091 Seventh Non-participant 1/17 of Subtotal Project Cost $20,792 Connector(#17) Eight Non-participant 1/18 of Subtotal Project Cost $19,637 Connector(#18) Ninth Non-participant 1/19 of Subtotal Project Cost $18,063 Connector(#19) Tenth Non-participant 1/20 of Subtotal Project Cost $17,673 Connector(#20) Eleventh Non-participant 1/21 of Subtotal Project Cost $16,831 Connector(#21) Twelfth Non-participant 1/22 of Subtotal Project Cost $16,066 Connector(#22) August 16, 2018 Regular Board Meeting Agenda Packet- Page 87 of 149