HomeMy WebLinkAbout08. Conduct a public hearing re final assessment for Cordell Drive West Contractual Assessment District (CAD) 2021-1 in Danville Page 1 of 16
Item 8.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: MAY 26, 2022
SUBJECT: CONDUCTA PUBLIC HEARING TO CONSIDER ADOPTING THE
FOLLOWING FOR CORDELL DRIVE WEST CONTRACTUAL
ASSESSMENT DISTRICT (CAD) NO. 2021-1 IN DANVILLE:
• RESOLUTION NO. 2022-025 CONFIRMING AND LEVYING FINAL
ASSESSMENTS;
• RESOLUTION NO. 2022-026 DIRECTING THAT THE FISCAL YEAR
2022-23 ASSESSMENTS BE PLACED ON THE CONTRA COSTA
COUNTY PROPERTY TAX ROLL FOR COLLECTION; AND
• UNCODIFIED ORDINANCE NO. 320 ESTABLISHING
REIMBURSEMENT FEES FOR THE PROPERTIES WHICH CONNECT
TO DISTRICT PROJECT 6727 (CORDELL DRIVE WEST CAD NO.
2021-1)
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
ISSUE
The Board of Directors (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
May 26, 2022 Special Board Meeting Agenda Packet- Page 52 of 532
Page 2 of 16
to sewers installed by others, the District Code requires that a public hearing be held prior to the Board's
consideration of the fee.
BACKGROUND
The Board ordered improvements for Cordell Drive West CAD No. 2021-1 in Danville at its July 1, 2021
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 nine properties. Seven 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 Fiscal Year 2022-23 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 June 30, 2022 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 period of up to 10 years 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." I n the future, these non-participants may connect to
the contributed public sewer. If they connect within 20 years of the date Central San accepts the
improvements (November 4, 2021), the CAD contract specifies that Central San will charge them a
repayment or reimbursement fee. Once collected, this fee will be disbursed to the participating owner who
covered that property's share. 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 F. These fees also
will be adjusted for inflation and depreciation, in accordance with the District Code.
Appropriate notices have been posted and published in both the Contra Costa Times and the San
Ramon Valley Times, circulation areas of the East Bay 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 $144,620. If the
recommended reimbursement fees are established by the Board following the public hearing, a CAD
participant may, over time, recover the non-participants'shares of the cost of the CAD facilities as non-
participants connect.
COMMITTEE RECOMMENDATION
This matter was not reviewed by a Board Committee.
May 26, 2022 Special Board Meeting Agenda Packet- Page 53 of 532
Page 3 of 16
RECOMMENDED BOARD ACTION
Conduct a public hearing and receive any comments; consider adoption of the proposed:
1. Resolution confirming and levying final assessments for the Cordell Drive West CAD No. 2021-1;
2. Resolution directing that the Fiscal Year 2022-23 assessments be collected on the Contra Costa
County property tax roll; and
3. Uncodified Ordinance to establish reimbursement fees for sanitary sewer facilities in District Project
6727 (Cordell Drive West CAD No. 2021-1).
Stratedc Plan Tie-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service
ATTACHMENTS:
1. Exhibit A-Approved Boundary Map
2. Exhibit B - Final Cost Report
3. Exhibit C - Final Assessment Roll
4. Exhibit D - Proposed Resolution Confirming Final Assessments
5. Exhibit E - Proposed Resolution to collect FY 2022-23 Assessment on the County Tax Roll
6. Exhibit F - Proposed Ordinance
May 26, 2022 Special Board Meeting Agenda Packet- Page 54 of 532
Approved Boundary and Assessment Numbers of PaF'I*"ENT 1
Cordell Drive West Contractual Assessment District
No. 2021-1 Map Date: 12/22/2021
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CAD Sewer Main
CAD Area
Note: 0 200 Map Displayed in North American Datum of 1983 Exhibit
Central San data as of December,2021. F� California State Plane,Zone III FIPS 0403,US Feet A
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Pag 5 of 16
Attachment 2
EXHIBIT B
CORDELL DRIVE WEST CONTRACTUAL ASSESSMENT DISTRICT NO. 2021-1;
9 BENEFITING PARCELS; 7 PARTICIPATING PARCELS;
TWO NON-PARTICIPATING PARCELS PAID FOR BY OTHER
FINAL COST REPORT — MARCH 2022
ITEM AMOUNT
Construction
Eight-inch diameter sewer, manholes, paving $97,142
Street laterals (not reimbursable) $18,000
Total Construction Cost $115,142
Private Engineering
Survey and Design $14,408
Other Agency Fees $1,513
Total Private Engineering Cost $15,921
Central; San Services
Plan Review– Mainline $4,793
Construction Inspection $8,764
Total Central San Cost $13,557
TOTAL PROJECT COST (CONSTRUCTION + PRIVATE
ENGINEERING + CENTRAL SAN) $144,620
TOTAL REIMBURSABLE COST(a) $126,620(x)
(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
$18,000 in street laterals paid by the project and added to the assessments on
participants who received them. The two non-participants will pay for their
laterals privately, when they connect. Since one participant has agreed to
initially cover the project costs of the non-participants, reimbursements paid by
those non-participants upon connection will be given to the covering
participant.
May 26, 2022 Special Board Meeting Agenda Packet- Page 56 of 532
ATTACHMENT 3
EXHIBIT C
FINAL ASSESSMENT ROLL
CORDELL DRIVE WEST CONTRACTUAL ASSESSMENT DISTRICT(CAD) NO. 2021-1
MAILING ANNUAL
ASSESS. PARCEL MAILING CITY PREPAID FINANCE
NUMBER APN NAME ADDRESS ADDRESS STATE ZIP AMOUNT PAYMENTS
1 201-131-027-9 DIMITRIOS 372 CORDELL DR 372 CORDELL DR DANVILLE
HARAMOGLIS CA 94526 $45,207 (a) $5,359.32
TRE
2 201-131-028-7 GREG &WENDY 364 CORDELL DR 364 CORDELL DR DANVILLE $17,069 (b) $2,023.54
BETTY CA 94526
3 201-131-018-8 GREGORY E 358 CORDELL DR 358 CORDELL DR DANVILLE NOT INITIALLY PARTICIPATING;
MILLER TRE CA 94526 COVERED BY ASSESSMENT#1
4 201-131-017-0 DAVID & DANA 350 CORDELL DR 350 CORDELL DR DANVILLE $17,069 (b) $2,023.54
JONES CA 94526
5 201-230-008-9 WAYNE A JR& 341 CORDELL DR 341 CORDELL DR DANVILLE $17,069 (b) $2,023.54
LYN FUTAK CA 94526
6 201-230-007-1 STEVE & 349 CORDELL DR 349 CORDELL DR DANVILLE
SANDRA CA 94526 $17,069 (b) $2,023.54
STAMATES TRE
7 201-230-016-3 GORDON & 357 CORDELL DR 357 CORDELL DR DANVILLE
MAXINE CA 94526 $14,069 (c) $1,667.90
CURRIE
8 201-230-005-5 JAMES W& 363 CORDELL DR 363 CORDELL DR DANVILLE
SUSAN G CA 94526 $17,069 (b) $2,023.54
FOSTER TRE
9 201-230-004-8 EDWIN & 371 CORDELL DR 371 CORDELL DR DANVILLE NOT INITIALLY PARTICIPATING;
MARIANNE CA 94526 COVERED BY ASSESSMENT#1
ROULETTE TRE
(a) Parcel at 372 Cordell Drive is assessed $17,069 for a one-ninth share of the mainline cost($14,069) and for a stubbed lateral ($3,000).
Additionally, the owner volunteered to cover the one-ninth share of the mainline costs of each of the two, initially non-participating properties
($14,069 each for the mainline; no stubbed laterals were installed). These two parcels will owe a reimbursement charge to this owner if they
connect within 20 years of mainline acceptance, which occurred on November 4, 2021.
(b) Parcel is assessed $17,069 for mainline and stubbed lateral.
(c) Parcel is assessed $14,069 for mainline only, as the stubbed lateral cost was paid directly by the property owner to the contractor.
May 26, 2022 Special Board Meeting Agenda Packet- Page 57 of 532
Page 7 of 16
ATTACHMENT 4
(Exhibit D)
RESOLUTION NO. 2022-025
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
CONFIRMING FINAL ASSESSMENTS FOR
CORDELL DRIVE WEST CONTRACTUAL ASSESSMENT DISTRICT NO. 2021-1
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 Cordell Drive West Contractual Assessment District (CAD) No. 2021-1 ,
Danville, Contra Costa County, California.
NOW, THEREFORE, The Board of Central San resolves:
1. The Board adopted Resolutions of Intention (Resolution No. 2021-017) to order
the improvement described therein under the Municipal Improvement Act of
1911, and directed Stephanie Gronlund, Engineer of Work, to prepare the
report required by Section 5898.22 of the Streets and Highways Code.
2. Pursuant to Resolution No. 2021-018, 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 516 feet of eight-inch sanitary sewer
pipeline together with appurtenant work and facilities located along Cordell Drive
in Danville, California.
3. The Board established July 1, 2021 as the date for a public hearing to create
Cordell Drive West CAD No. 2021-1.
4. The owners of record were provided ballots 45 days before the hearings on
which owners could indicate approval of or opposition to the imposition of
assessments.
5. The Board conducted a public hearing on July 1, 2021, 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 assessments.
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.
May 26, 2022 Special Board Meeting Agenda Packet- Page 58 of 532
Page 8 of 16
Central Contra Costa Sanitary District
Resolution No. 2022-025
Page 2 of 3
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 Districts in
compliance with the Agreements 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
Reports and was incorporated by reference.
9. Lastly, the Board ordered the improvements described in paragraph 2 and as
detailed in the Engineer's Report.
10. The work on the improvements has been completed pursuant to private
agreements entered into by the owners and was accepted on November 4, 2021 .
11. 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.
12. The final assessment for each property appears on the Assessment Roll.
The Board hereby confirms and levies each individual final assessment as
stated in the Assessment Roll.
13. 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 June 30, 2022. Thereafter, unpaid
assessments will be payable in yearly installments of principal and interest at
3.22 percent compounded annually over a period of up to ten (10) years.
PASSED AND ADOPTED this 26th day of May 2022 by the Board of Directors of
Central San by the following votes:
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
May 26, 2022 Special Board Meeting Agenda Packet- Page 59 of 532
Page 9 of 16
Central Contra Costa Sanitary District
Resolution No. 2022-025
Page 3 of 3
COUNTERSIGNED:
Amelia Berumen
Secretary Pro Tem
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
May 26, 2022 Special Board Meeting Agenda Packet- Page 60 of 532
Page 10 of 16
ATTACHMENT 5
(Exhibit E)
RESOLUTION NO. 2022-26
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
DIRECTING THE FISCAL YEAR 2022-23 ASSESSMENTS FOR
CORDELL DRIVE WEST CONTRACTUAL ASSESSMENT DISTRICT (2021-1)
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 a Contractual
Assessment District (CAD) to pay for sewer improvements over a 10-year period; and
WHEREAS, the Central San 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
Cordell Drive West CAD (2021-1) on the Fiscal Year 2022-23 Contra Costa County tax
roll.
NOW, THEREFORE, be it resolved by the Board of Directors of Central San that the
Fiscal Year 2022-23 assessments for Cordell Drive West CAD (2021-1) are 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 26th day of May 2022 by the Board of Directors of
Central San by the following votes:
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:
Amelia Berumen
Secretary Pro Tem
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
May 26, 2022 Special Board Meeting Agenda Packet- Page 61 of 532
Page 11 of 16
RESOLUTION NO. 2022-026
EXHIBIT 1
CAD 2021-1: Cordell Drive West
Assessor's Parcel Number Amount
201-131-027-9 $5,359.32
201-131-028-7 $2,023.54
201-131-017-0 $2,023.54
201-230-008-9 $2,023.54
201-230-007-1 $2,023.54
201-230-016-3 $1,667.90
201-230-005-5 $2,023.54
Total 7 parcels
May 26, 2022 Special Board Meeting Agenda Packet- Page 62 of 532
Page 12 of 16
ATTACHMENT 6
(Exhibit F)
ORDINANCE NO. 320
AN ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR
THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO JOB 6727
(CORDELL DRIVE WEST CONTRACTUAL ASSESSMENT DISTRICT 2021-1)
IN DANVILLE
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 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, Job 6727 (Cordell Drive West Contractual Assessment District (CAD)
2021-1), the location of which are shown in Exhibit A 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
the Central San's CAD Program, which calculations are summarized in Exhibit B;
and
WHEREAS, the reimbursement fees set forth in Exhibit B of this ordinance shall be
adjusted for inflation and depreciation in accordance with the provisions of District
Code Section 6.20.210.
WHEREAS, a properly noticed public hearing to receive comments on the
proposed reimbursement fees was conducted at the District Board of Directors'
special meeting on May 26, 2022.
NOW, THEREFORE, the Board of Directors of Central San does ordain as follows:
Section 1 .
The reimbursement fees applicable to properties that connect to Job 6727
(Cordell Drive West CAD 2021-1) standard facilities, as set forth in Exhibit B 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 B of this ordinance shall be
adjusted for inflation and depreciation in accordance with the provisions of
District Code Section 6.20.210.
May 26, 2022 Special Board Meeting Agenda Packet- Page 63 of 532
Page 13 of 16
Central Contra Costa Sanitary District
Ordinance No. 320
Page 2 of 2
The reimbursement fees set forth in Exhibit B of this ordinance shall be
administered and collected according to the provisions of Central San's CAD
Program.
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 the District, 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 this 26th day of May 2022 by the Board of Directors of
Central San by the following votes:
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
Amelia Berumen
Secretary Pro Tem
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to Form:
Kenton L. Alm, Esq.
Counsel for the District
May 26, 2022 Special Board Meeting Agenda Packet- Page 64 of 532
Page 14 of 16
Central Contra Costa Sanitary District
Ordinance No. 320
May 26, 2022 Special Board Meeting Agenda Packet- Page 65 of 532
Page 15 of 16
Approved Boundary and Assessment Numbers of
Cordell Drive West Contractual Assessment District
,06
No. 2021-1 Map Date 12/2212021
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6 Central San data as of December,2021_ Feet California State Plane,Zone III FIPS 0403,US Feet A
Central Contra Costa Sanitary District
Ordinance No. 320
May 26, 2022 Special Board Meeting Agenda Packet- Page 66 of 532
Page 16 of 16
EXHIBIT B
CORDELL DRIVE WEST CAD 2021-1
REIMBURSEMENT FEES
Existing CAD Participants 7
Net Project Cost (Total cost,
less lateral cost for $126,620
participants)
First Non-participant 1/8 of Net Project Cost $15,828
Connector (#8)
Second Non-participant 1/9 of Net Project Cost $14,069
Connector (#9)
Central Contra Costa Sanitary District
Ordinance No. 320
May 26, 2022 Special Board Meeting Agenda Packet- Page 67 of 532