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HomeMy WebLinkAbout05. Public hearing to consider placing FY 2019-20 charges on tax roll for collection Page 1 of 9 Item 5. CENTRAL SAN BOARD OF DIRECTORS vie . , . , , . . POSITION PAPER MEETING DATE: JULY25, 2019 SUBJECT: CONDUCT PUBLIC HEARING TO CONSIDER PLACING THE FOLLOWING CHARGES FOR FISCAL YEAR 2019-20 ON THE CONTRA COSTA COUNTY TAX ROLL FOR COLLECTION: • SEWER SERVICE CHARGES • CAPACITY USE CHARGES • ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS AND ALHAMBRAVALLEY ASSESSMENT DISTRICTS • CHARGES FOR OTHER FEE INSTALLMENT PAYMENT PROGRAMS RESOLUTION NO. 2019-040 FOR ADOPTION SUBMITTED BY: INITIATING DEPARTMENT: BRYAN MCGLOIN, MANAGEMENT ANALYST ENGINEERING AND TECHNICAL SERVICES- THOMAS BRIGHTBILL, SENIOR ENGINEER PDS-RATES AND FEES REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey 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 (CAD), assessments for Alhambra Valley Assessment Districts (AVAD), 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. July 25, 2019 Special Board Meeting Agenda Packet- Page 26 of 72 Page 2 of 9 BACKGROUND The SSC has been collected on the county tax roll since its inception in 1976. The Fiscal Year 2019-20 SSC rates were adopted on April 18, 2019 and became effective on J my 1, 2019. The rate for single family homes is $598 per parcel. SSC rates for other property types can be found in Ordinance No. 304. Contra Costa County imposed a fee for collecting the SSC on the tax roll starting in Fiscal Year 1982-83. Certain commercial tenants and commercial property owners have entered into written agreements to participate in Central San's Capacity Use Charge Program for payment of Capacity Fees over a 15-year period. These businesses are listed in Exhibit A. Property owners who have formed CADs have agreed to pay for sewer improvements over a 10-year period. These properties are listed in Exhibit B. Property owners who have formed AVADs have agreed to pay for sewer improvements over a 15-year period. These properties are listed in Exhibit C. Certain property owners have entered into written agreements to participate in Central San'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 Central San's website. ALTERNATIVES/CONSIDERATIONS Direct collection of these charges by Central San 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. FINANCIAL IMPACTS The estimated County-imposed fee for collection of the charges on the tax roll is $110,000. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION Conduct a public hearing and adopt a resolution directing that the Fiscal Year 2019-20 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. Strategic Plan Tie-In GOAL THREE: Be a Fiscally Sound and Effective Water Sector Utility Strategy 2- Manage costs ATTACHMENTS: July 25, 2019 Special Board Meeting Agenda Packet- Page 27 of 72 Page 3 of 9 1. Proposed Resolution 2. Exhibit A: FY 2019-20 Capacity Use Charge Program Charges 3. Exhibit B: FY 2019-20 CAD Charges 4. Exhibit C: FY 2019-20 AVAD Charges 5. Exhibit D: FY 2019-20 Capacity Fee Installment Payment and AVAD Extended Financing Charges July 25, 2019 Special Board Meeting Agenda Packet- Page 28 of 72 Page 4 of 9 ATTACHMENT 1 RESOLUTION NO. 2019-040 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT THE FISCAL YEAR 2019-20 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 (Central San) has previously developed and instituted a Sewer Service Charge for services and facilities furnished by Central San to finance yearly operation and maintenance expenses; and WHEREAS, the Sewer Service Charge is collected through a direct charge to the users; and WHEREAS, Central San has entered into written agreements with certain commercial tenants and commercial property owners to participate in Central San's Capacity Use Charge program for payment of Capacity Fees in annual installments over a 15-year period; and WHEREAS, Central San 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, Central San 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, Central San 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 Central San 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 (FY) 2019-20 on the Contra Costa County property tax roll. July 25, 2019 Special Board Meeting Agenda Packet- Page 29 of 72 Page 5 of 9 Resolution No. 2019-040 Central Contra Costa Sanitary District Page 2of2 NOW, THEREFORE, be it resolved by the Board of Directors of Central San that the following fees and charges for FY 2019-20 are to be collected on the FY 2019-20 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 25th day of July, 2019, by Board of Directors of Central San 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: 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 July 25, 2019 Special Board Meeting Agenda Packet- Page 30 of 72 Page 6 of 9 Attachment 2 EXHIBIT A Central Contra Costa Sanitary District 2019-20 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. Agmt.End APN Levy Amount Business Name Address Year 178-191-008-6 $3,221.96 Eleve Restaurant 1677 N. Main St, WC 2023 178-250-029-0 $6,531.00 Sasa Restaurant 1432 N. Main St, WC 2023 208-340-004-0 $6,748.70 Chow Restaurant, Danville 445 Railroad Ave, Danville 2023 213-610-033-2 $7,414.24 Canyon View Dining Hall 680 Bollinger Cyn Way, SR 2021 213-701-002-7 $3,850.30 Papaya Grill 280 Marketplace, SR 2023 243-170-030-7 $5,262.12 Roam Artisan Burger 23 Lafayette Circle, Lafayette 2027 273-021-005-7 $1,100.94 Reem's Steaks 70 Moraga Way, Orinda 2022 243-050-002-1 $3,282.92 Rancho Cantina 3616 Mt. Diablo Blvd., Lafayette 2028 243-222-020-6 $520.74 Park Plaza Restaurants 3535-3539 Plaza Way, Lafayette 2027 148-202-071-4 $435.40 Heavenly Cafe 3116 Oak Road, WC 2030 233-031-021-6 $476.08 Boneheads Texas BBQ 3422 Mt. Diablo Blvd., Lafayette 2030 241-030-011-1 $1,747.82 Bistro Burger&Grill 3651 Mt. Diablo Blvd., Lafayette 2030 127-040-020-1 $1,097.28 EI Aguila Mexican Cuisine 1300 Contra Costa Blvd., PH 2031 243-222-001-6 $5,717.42 Swad Indian Cuisine 960 Moraga Road, Lafayette 2031 212-430-017-5 $12,014.10 Enker Food & Pharmacy 12171 Alcosta Blvd, SR 2025 15 parcels $47,406.92 July 25, 2019 Special Board Meeting Agenda Packet- Page 31 of 72 Page 7 of 9 Attachment 3 EXHIBIT B Central Contra Costa Sanitary District 2019-20 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 Levy Amount Parcels Total$$ CAD 10-1: Sunnybrook Road after 2020-21 187-110-010-1 $1,328.20 187-110-012-7 $1,328.20 187-110-013-5 $1,328.20 187-110-014-3 $1,328.20 187-110-016-8 $1,328.20 187-110-021-8 $1,328.20 187-110-022-6 $1,328.20 187-110-023-4 $1,328.20 187-110-024-2 $1,328.20 187-110-026-7 $1,328.20 187-110-027-5 $1,328.20 187-110-031-7 $1,328.20 12 $15,938.40 CAD 2010-2: Vista Del Orinda after 2021-22 265-153-010-3 $2,518.98 265-140-006-7 $2,518.98 265-140-008-3 $2,384.54 3 $7,422.50 CAD 2011-1: St Mary's Road after 2022-23 236-100-004-1 $5,468.38 236-070-024-5 $3,736.78 2 $9,205.16 CAD 2012-1: Smith Road after 2023-24 196-070-007-6 $3,534.48 196-061-004-4 $3,521.68 2 $7,056.16 Total: 19 $39,622.22 July 25, 2019 Special Board Meeting Agenda Packet- Page 32 of 72 Page 8 of 9 EXHIBIT Attachment 4 Central Contra Costa Sanitary District 2019-20 Alhambra Valley Assessment District(AVAD)Charges Contra Costa County Cl Levy Alhambra Valley Assessment Districts provide for the payment of sewer improvement costs in the Alhambra Valley Trunk Sewer area over a fifteen year period. The annual assessment is placed on the Contra Costa County property tax roll for collection. AVAD Number and Name Expires APN Levy Amount Parcels Total$$ 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 $2,514.22 367-100-012-7 $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 $2,514.22 367-111-002-5 $2,514.22 367-111-005-8 $2,514.22 367-121-002-3 $2,514.22 367-121-004-9 $2,514.22 367-122-001-4 $2,514.22 367-123-003-9 $2,514.22 367-123-004-7 $2,514.22 367-123-005-4 $2,514.22 367-130-012-1 $2,514.22 367-130-013-9 $2,514.22 17 $42,741.74 AVAD 2007-3:Reliez Valley after 2023-24 366-010-003-7 $3,567.98 Road 366-010-009-4 $3,567.98 366-020-018-3 $3,567.98 366-020-019-1 $3,567.98 366-020-005-0 $3,567.98 366-020-008-4 $3,746.54 6 $21,586.44 366-020-011-8 $2,733.92 AVAD 2007-4:Monteira Lane after 2023-24 366-020-016-7 $1,380.52 2 $4,114.44 365-100-015-4 $4,034.80 AVAD 2007-6:Quail Lane after 2023-24 365-110-021-0 $4,686.02 365-110-022-8 $4,686.02 365-120-003-6 $4,197.56 365-120-004-4 $4,197.56 367-150-013-4 $3,546.34 6 $25,348.30 367-130-034-5 $3,165.04 1 $3,165.04 AVAD 2008-7:Via Vaqueros after 2024-25 Total: 56 $162,157.74 July 25, 2019 Special Board Meeting Agenda Packet- Page 33 of 72 Page 9 of 9 Attachment 5 EXHIBIT D Central Contra Costa Sanitary District 2019-20 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: 10-494 211 Canon Drive, Orinda after 2022-23 264-110-026-4 $1,008.42 10-1022 31 Charles Hill Circle, Orinda after 2021-22 260-072-005-2 $742.52 11-134 805 Hutchinson Road, Walnut Creek after 2020-21 139-071-009-1 $740.62 11-154 3 Kim Court, Martinez after 2020-21 162-230-006-7 $922.82 11-549 1459 Sunnybrook Road, Alamo after 2020-21 187-110-014-3 $740.62 11-605 4 Amberwood Lane, Walnut Creek after 2020-21 143-010-021-2 $740.62 11-1195 18 Vista del Orinda, Orinda after 2021-22 265-153-010-3 $960.74 12-221 1448 Sunnybrook Road, Alamo after 2021-22 187-110-022-6 $742.52 14-236 1488 Sunnybrook Road, Alamo after 2023-24 187-110-026-7 $796.90 15-1194 133 Via Serena, Alamo after 2025-26 198-063-007-1 $807.26 16-520 1407 Entrada Verde Place, Alamo after 2025-26 192-020-022-5 $807.26 17-102 135 Camille Court, Alamo after 2026-27 201-040-019-6 $799.60 12-2360 12 Linden Court, Alamo after 2027-28 192-071-025-6 $846.92 17-201 151 South Jackson Way, Alamo after 2027-28 192-071-022-3 $846.92 19-891 334 Cordell Drive, Danville after 2028-29 201-152-005-9 $900.70 19-1617 342 Cordell Drive, Danville after 2028-29 201-131-016-2 $900.70 19-1958 336 Harper Lane, Danville after 2028-29 201-210-021-6 $895.24 19-2416 20 Harmony Ct., Danville after 2028-29 201-230-011-3 $895.24 19-2045 56 North Jackson Way, Alamo after 2028-29 192-060-017-6 $900.70 AVAD Extended Financing Program: 10-1280 75 Millthwait Drive, Martinez after 2026-27 367-123-002-1 $2,740.04 10-1287 5124 Alhambra Vly. Rd., Martinez after 2025-26 367-130-002-2 $3,338.12 11-732 140 Via Vaqueros, Martinez after 2026-27 367-130-021-2 $3,357.58 12-44 151 Gordon Way, Martinez after 2026-27 367-100-005-1 $2,740.04 13-619 2635 Reliez Valley Road, Martinez after 2027-28 365-150-005-4 $3,942.16 15-218 5103 Alhambra Valley Road, Martinez after 2025-26 366-040-017-1 $3,094.02 10 Brandywine Way after 2033-34 366-102-003-6 $3,234.38 Total: 26 parcels $38,442.66 July 25, 2019 Special Board Meeting Agenda Packet- Page 34 of 72