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HomeMy WebLinkAbout09. Conduct public hearing to place FY 2020-21 charges on County tax roll for collection Page 1 of 10 Item 9. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETINGDATE: JULY16, 2020 SUBJECT: CONDUCTA PUBLIC HEARING TO CONSIDER PLACING THE FOLLOWING CHARGES FOR FISCAL YEAR 2020-21 ON THE CONTRA COSTA COUNTY TAX ROLL FOR COLLECTION: • SEWER SERVICE CHARGES • CAPACITY USE CHARGES • ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS AND ALHAMBRA VALLEYASSESSMENT DISTRICTS • CHARGES FOR OTHER FEE INSTALLMENT PAYMENT PROGRAMS RESOLUTION NO. 2020-022 FOR ADOPTION SUBMITTED BY: INITIATING DEPARTMENT: THOMAS BRIGHTBILL, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES- 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. BACKGROUND The SSC has been collected on the county tax roll since its inception in 1976. The Fiscal Year (FY) 2020- July 16, 2020 Regular Board Meeting Agenda Packet- Page 40 of 393 Amended Agenda Page 2 of 10 21 SSC rates were adopted on April 18, 2019 and became effective on July 1, 2020. On May 7, 2020, the Board of Directors voted not to collect the SSC rate increase for the year 2020-21. As a result, the previously-approved $31 SSC rate increase for single-family homes will not be collected, leaving $598 per single-family home to be collected for FY 2020-21. SSC rates for other property types can be found in the attached Schedule of Sewer Service Charges updated June 26, 2020. Contra Costa County imposed a fee for collecting the SSC on the tax roll starting in FY 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. A 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 $100,000. 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 FY 2020-21 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 re-In GOAL THREE: Fiscal Responsibility Strategy 1—Maintain financial stability and sustainability July 16, 2020 Regular Board Meeting Agenda Packet- Page 41 of 393 Page 3 of 10 ATTACHMENTS: 1. Proposed Resolution 2. Schedule of Sewer Service Charges updated June 26, 2020 3. Exhibit A: FY 2020-21 Capacity Use Charge Program Charges 4. Exhibit B: FY 2020-21 Contractual Assessment District (CAD) Charges 5. Exhibit C: FY 2020-21 Alhambra Valley Assessment District (AVAD) Charges 6. Exhibit D: FY 2020-21 Capacity Fee I nstallment Payment and AVAD Extended Financing Charges July 16, 2020 Regular Board Meeting Agenda Packet- Page 42 of 393 Page 4 of 10 ATTACHMENT 1 RESOLUTION NO. 2020-022 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT THE FISCAL YEAR 2020-21 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 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) 2020-21 on the Contra Costa County property tax roll. July 16, 2020 Regular Board Meeting Agenda Packet- Page 43 of 393 Page 5 of 10 Central Contra Costa Sanitary District Resolution No. 2020-022 Page 2 of 2 NOW, THEREFORE, be it resolved by the Board of Directors of Central San that the following fees and charges for FY 2020-21 are to be collected on the FY 2020-21 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 16th day of July, 2020, by Board of Directors of Central San 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: 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 16, 2020 Regular Board Meeting Agenda Packet- Page 44 of 393 Page 6 of 10 Schedule of Sewer Service Charges Updated June 26, 2020 Previously Increase be Rates Rates User Group Approved Not Collected Effective Effective for Collected for Effective July 1, 2021 July 1, 2022 July 1, i 2020-211 20201 Residential Single Family Dwellings each $629.00 $31.00 $598.00 $660.00 $690.00 Apartments, condominiums, duplexes, second living units, $596.00 $30.00 $566.00 $625.00 $654.00 mobile homes (per unit Commercial, Institutional, and other Non-residental rate per hundred cubic feet of water consumption) Low-Standard commercial and other groups not listed below $6.56 $0.33 $6.23 $6.87 $7.20 Medium-Low- Delis, yogurt and ice cream shops, coffee shops, bars, shared water meters with $8.05 $0.40 $7.65 $8.43 $8.83 less than 50% food service by flow Medium-Shared water meter with restaurants and greater than $10.09 $0.50 $9.59 $10.57 $11.07 50%food service by flow Medium-High- Restaurants, supermarkets $11.26 $0.56 $10.70 $11.79 $12.35 High-Restaurants with grinders or emulsifiers, bakeries, $14.92 $0.74 $14.18 $15.63 $16.37 mortuaries Minimum charge $596.00 $30.00 $566.00 $625.00 $654.00 Industrial and Permitted Industries billed under the Industrial Formula Wastewater Flow er hundred cubic feet $5.08 $0.26 $4.82 $5.32 $5.57 Biochemical Oxygen Demand (BOD) $1,342.00 $67.00 $1,275.00 $1,406.00 $1,473.00 (per 1,000pounds) Total suspended solids (TSS) $701.00 $35.00 $666.00 $734.00 $769.00 (per 1,000pounds) Fixed charge component $98.61 $4.92 $93.69 $103.29 $108.20 Previously Increase Rebate for . . FY 2019-20 Collectled Rates Rates .. Approved . per-student Effective Effective Effective for Collected 2 July 1, uly 1, 2021 July 1, uly 1, 2020 i rate SL Aw i 20201 2 Daycare, preschool, university $6.56 $0.33 n/a $6.23 $6.87 $7.20 Elementary $7.82 $0.39 $2.08 $5.35 $8.19 $8.58 per student per studentper student2 per student per student per student Intermediate, High $15.45 $0.77 $4.11 $10.57 $16.18 $16.95 School per studentper student' per student2 per student per student per student Notes 1. Customer Relief Rates were approved by the Central San Board of Directors on May 7, 2020. 2. A 28% rebate based on reduced FY 2019-20 attendence due to COVID-19 shelter-in-place was approved by the Central San Board of Directors on May 21, 2020 for those schools billed on a per-student basis. The per-student rate is based on a 180-day school year and the rebate reflects the loss of 49 or 50 days based on a review of school calendars. July 16, 2020 Regular Board Meeting Agenda Packet- Page 45 of 393 Page 7 of 10 ATTACHMENT 3 EXHIBIT A Central Contra Costa Sanitary District 2020-21 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 $3,935.46 Eleve Restaurant 1677 N. Main St,WC 2023 178-250-029-0 $6,015.54 Sasa Restaurant 1432 N. Main St,WC 2023 208-340-004-0 $7,081.26 Chow Restaurant, Danville 445 Railroad Ave, Danville 2023 213-610-033-2 $5,424.90 Canyon View Dining Hall 680 Bollinger Cyn Way, SR 2021 213-701-002-7 $3,396.30 Papaya Grill 280 Marketplace, SR 2023 243-170-030-7 $4,258.38 Roam Artisan Burger 23 Lafayette Circle, Lafayette 2027 273-021-005-7 $1,033.62 Reem's Steaks 70 Moraga Way, Orinda 2022 243-050-002-1 $3,528.68 Rancho Cantina 3616 Mt. Diablo Blvd., Lafayette 2028 243-222-020-6 $1,033.62 Park Plaza Restaurants 3535-3539 Plaza Way, Lafayette 2027 148-202-071-4 $211.86 Heavenly Cafe 3116 Oak Road,WC 2030 233-031-021-6 $521.76 Boneheads Texas BBQ 3422 Mt. Diablo Blvd., Lafayette 2030 241-030-011-1 $802.50 Bistro Burger&Grill 3651 Mt. Diablo Blvd., Lafayette 2030 127-040-020-1 $734.84 EI Aguila Mexican Cuisine 1300 Contra Costa Blvd., PH 2031 243-222-001-6 $4,354.30 Swad Indian Cuisine 960 Moraga Road, Lafayette 2031 212-430-017-5 $12,014.10 Enker Food&Pharmacy 12171 Alcosta Blvd, SR 2024-2025 208-022-047-4 $1,284.00 Bridges Restaurant DBA The Vines 480 Hartz Ave, Danville 2034-2035 16 parcels $55,631.12 July 16, 2020 Regular Board Meeting Agenda Packet- Page 46 of 393 Page 8 of 10 EXHIBIT B Central Contra Costa Sanitary District 2020-21 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 CAD 2016-1: South Jackson after 2028-29 192-071-016-5 $2,280.78 192-071-021-5 $4,365.84 192-071-022-3 $4,735.86 192-071-025-6 $4,735.86 192-071-067-8 $4,735.86 192-071-066-0 $4,650.72 192-072-015-6 $4,508.48 192-072-003-2 $4,508.48 192-072-021-4 $4,508.48 9 $39,030.36 Total: 28 $78,652.58 July 16, 2020 Regular Board Meeting Agenda Packet- Page 47 of 393 Page 9 of 10 EXHIBIT C Central Contra Costa Sanitary District 2020-21 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 Valley Trunk after 2023-24 366-020-009-2 $3,356.76 366-020-010-0 $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/Millthwait after 2023-24 367-100-002-8 $2,514.22 367-100-004-4 $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 Road after 2023-24 366-010-003-7 $3,567.98 366-010-009-4 $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 AVAD 2007-4:Monteira Lane after 2023-24 366-020-011-8 $2,733.92 366-020-016-7 $1,380.52 2 $4,114.44 AVAD 2007-6:Quail Lane after 2023-24 365-100-015-4 $4,034.80 365-110-021-0 $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 AVAD 2008-7:Via Vaqueros after 2024-25 367-130-034-5 $3,165.04 1 $3,165.04 Total: 56 $162,157.74 July 16, 2020 Regular Board Meeting Agenda Packet- Page 48 of 393 Page 10 of 10 EXHIBIT D Central Contra Costa Sanitary District 2020-21 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 19-2161 332 Harper Lane, Danville after 2028-29 201-210-022-4 $895.24 19-2633 691 Terry Lane,Alamo after 2029-30 201-220-005-7 $895.24 19-2530 698 Pixie Lane, Danville after 2029-30 201-220-013-1 $895.24 19-3021 75 North Jackson Way,Alamo after 2029-30 192-050-027-7 $895.24 19-3885 84 North Jackson Way,Alamo after 2029-30 192-060-016-8 $1,019.68 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 18-2993 10 Brandywine Way after 2033-34 366-102-003-6 $3,234.38 19-3295 175 Strentzel Lane, Martinez after 2034-35 366112-003-4 $3,273.30 Total: 32 parcels $46,316.60 July 16, 2020 Regular Board Meeting Agenda Packet- Page 49 of 393