HomeMy WebLinkAbout07. Hold public hearing to consider approval of Houston Court Area Contractual Assessment Districts No. 2022-1 in Danville, District Project 6745Page 1 of 15
Item 7.
DCENTRALSAN
MEETING DATE: JUNE 20, 2024
BOARD OF DIRECTORS
POSITION PAPER
SUBJECT: HOLD A PUBLIC HEARING TO CONSIDER APPROVAL OF THE HOUSTON
COURT AREA CONTRACTUAL ASSESSMENT DISTRICTS (CAD) NO. 2022-
1 IN DANVILLE, DISTRICT PROJECT 6745; AND
• ADOPT PROPOSED RESOLUTION NO. 2024-014 CONFIRMING AND
LEVYING FINAL ASSESSMENTS;
• ADOPT PROPOSED RESOLUTION NO. 2024-015 DIRECTING THAT
THE FISCAL YEAR 2024-25ASSESSMENTS BE PLACED ON THE
CONTRA COSTA COUNTY PROPERTY TAX ROLL FOR COLLECTION;
• ADOPT PROPOSED UNCODIFIED ORDINANCE NO.
336 ESTABLISHING REIMBURSEMENT FEES FOR THE
PROPERTIES THAT CONNECTTO DISTRICTPROJECT6745
(HOUSTON COURTAREA CAD NO. 2022-1)
SUBMITTED BY: INITIATING DEPARTMENT:
GEOFF MICHALCZYK, MANAGEMENT ENGINEERING AND TECHNICAL SERVICES -
ANALYST PDS-RATES AND FEES
REVIEWED BY
Roger S. Bailey
General Manager
THOMAS BRIGHTBILL, SENIOR ENGINEER
DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
GREG NORBY, DEPUTY GM - ENGINEERING & OPERATIONS
ISSUE
The Board of Director's (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's consideration of the fee.
June 20, 2024 Regular Board Meeting Agenda Packet - Page 71 of 130
Page 2 of 15
BACKGROUND
Work has been completed on Houston Court Area CAD No. 2022-1, and final assessments can be
established and levied. The Board's 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's
consideration of the fee for each CAD.
ALTERNATIVES/CONSIDERATIONS
Continuing the public hearings to a later date or taking no Board action would delay the CAD proceedings,
since the holding of a public hearing is required by law.
FINANCIAL IMPACTS
This action will allow Central San to be reimbursed for project costs totaling $216,648. If the
recommended reimbursement fees are established by the Board following the public hearings, a CAD
participant may, over time, recover the non -participants share of the cost of the CAD facilities as non-
participants connect.
COMMITTEE RECOMMENDATION
The Engineering and Operations Committee reviewed this matter at its June 5, 2024 special meeting and
recommended Board approval.
RECOMMENDED BOARD ACTION
Hold the public hearing; adopt the following related to the Houston Court Area Contractual Assessment
Districts (CAD) No. 2022-1 in Danville:
• Resolution No. 2024-014 confirming and levying final assessments;
• Resolution No. 2024-015 directing that the Fiscal Year 2024-25 assessments be placed on the
Contra Costa County property tax roll for collection;
• Uncodified Ordinance No. 336 establishing reimbursement fees for the properties which connect to
District Project 6745 (Houston Court Area CAD No. 2022-1).
Strategic Plan Tie -In
GOAL ONE: Customer and Community
Strategy 1— Deliver high -quality customer service
ATTACHMENTS:
1. Map of Houston Court CAD Area
2. Exhibit B Final Cost Report
3. Exhibit C Final Assessment Rolls
4. Exhibit D Resolution Confirming Final Assessments
5. Exhibit E Resolution Directing Assessment Collection on Tax Roll
6. Exhibit F ORD Job 6745 Houston Court Area CAD 2022-1
June 20, 2024 Regular Board Meeting Agenda Packet - Page 72 of 130
Page 3 of 15
' Assessment Numbers for Houston Ct. Area ATTACHMENT 1
Contractual Assessment District No. 2022-1
Map Date: 10/24/2022
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O Existing Sewer Structure
Existing Sewer Main
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CAD Area
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June 20, 2024 Regular Board Meeting Agenda Packet - Page 73 of 130
Page 4 of 15
ATTACHMENT 2
EXHIBIT B
HOUSTON COURT AREA CONTRACTUAL ASSESSMENT DISTRICT NO. 2022-1;
4 BENEFITING PARCELS; 3 PARTICIPATING PARCELS;
FINAL COST REPORT — MAY 2024
ITEM
AMOUNT
Construction
Construction Staking
$3,000
Construction
$159,172
Street Laterals (not reimbursable)(')
$9,520
Traffic Control
$4,920
Total Construction Cost
$176,612
Private Engineering
Design
$29,115
Potholing
$2,410
Potholing
$4,324
Total Private Engineering Cost
$35,849
Central; San Services
Plan Review — Mainline
$4,187
Total Central San Cost
$4,187
TOTAL PROJECT COST (CONSTRUCTION + PRIVATE
ENGINEERING + CENTRAL SAN)
$216,648
(less laterals)(a)
($9,520)
TOTAL REIMBURSABLE COST
$207,128
(a) Laterals are directly paid by participants. When the fourth benefiting parcel connects,
the property owner will need to pay for the lateral for that parcel.
June 20, 2024 Regular Board Meeting Agenda Packet - Page 74 of 130
ATTACHMENT 3
EXHIBIT C
FINAL ASSESSMENT ROLL
HOUSTON COURT AREA CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2022-1
ASSESS.
PARCEL
MAILING
MAILING CITY
ANNUAL FINANCE
NUMBER
APN
NAME
ADDRESS
ADDRESS
STATE ZIP
PAYMENTS
1
208-082-011-9
ALLEN & NATALY
310 HOUSTON CT
310 HOUSTON CT
DANVILLE CA 94526
$4,680.72
TIMMONS
2
208-082-002-6
PETER DONALD
306 HOUSTON CT
306 HOUSTON CT
DANVILLE CA 94526
$4,680.72
JOHNS THE
3
208-071-003-7
SCOTT R & CAROLYN
309 HOUSTON CT
309 HOUSTON CT
DANVILLE CA 94526
$4,680.72
HAMILTON THE
4
208-071-002-9
DANIEL E OSTERMAN
325 ESTATES DR
325 ESTATES DR
DANVILLE CA 94526
NOT INITIALLY
THE & LORNA S VILLA
PARTICIPATING
June 20, 2024 Regular Board Meeting Agenda Packet - Page 75 of 130
Page 6 of 15
ATTACHMENT 4
RESOLUTION NO. 2024-014
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
CONFIRMING FINAL ASSESSMENTS FOR
HOUSTON COURT AREA CONTRACTUAL ASSESSMENT DISTRICT NO. 2022-1
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 Houston Court Area Contractual Assessment District (CAD) No. 2022-
1, Danville, Contra Costa County, California.
NOW, THEREFORE, The Board of Central San resolves:
The Board adopted Resolutions of Intention (Resolution No. 2022-036) to order
the improvement described therein under the Municipal Improvement Act of
1911, and directed Stephanie Myers, Engineer of Work, to prepare the report
required by Section 5898.22 of the Streets and Highways Code.
2. Pursuant to Resolutions No. 2022-037, 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 636 feet of eight -inch sanitary sewer
pipeline together with appurtenant work and facilities located along Quinnterra
Lane and Houston Court in Danville, California.
3. The Board established January 19, 2023 as the date for a public hearing to
create Houston Court Area CAD No. 2022-1.
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 January 19, 2023, 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.
June 20, 2024 Regular Board Meeting Agenda Packet - Page 76 of 130
Page 7 of 15
Central Contra Costa Sanitary District
Resolution No. 2024-014
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 could 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 was the close of business on June 30, 2022. Thereafter, unpaid
assessments will be payable in yearly installments of principal and interest at
2.61 percent compounded annually over a period of up to twenty (20) years.
PASSED AND ADOPTED this 20th day of June 2024 by the Board of the Central San
by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Mariah N. Lauritzen
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
June 20, 2024 Regular Board Meeting Agenda Packet - Page 77 of 130
Page 8 of 15
Central Contra Costa Sanitary District
Resolution No. 2024-014
Page 3 of 3
COUNTERSIGNED:
Eileen Hansen
Secretary Pro Tern
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
J. Leah Castella, Esq.
Counsel for the District
June 20, 2024 Regular Board Meeting Agenda Packet - Page 78 of 130
Page 9 of 15
ATTACHMENT 5
RESOLUTION NO. 2024-015
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
DIRECTING THAT THE FISCAL YEAR 2024-25 ASSESSMENTS FOR
HOUSTON COURT AREA CONTRACTUAL ASSESSMENT DISTRICT (2022-1)
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 20-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
Houston Court Area CAD (2022-1) on the fiscal year 2024-25 Contra Costa County tax
roll.
NOW, THEREFORE, be it resolved by the Board of Directors of Central San that the
fiscal year 2024-25 assessments for Houston Court Area CAD (2022-1) 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 20th day of June 2024 by the Board of Directors of
Central San by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Mariah N. Lauritzen
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
June 20, 2024 Regular Board Meeting Agenda Packet - Page 79 of 130
Page 10 of 15
Central Contra Costa Sanitary District
Resolution No. 2024-015
Page 2 of 2
COUNTERSIGNED:
Eileen Hansen
Secretary Pro Tern
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
J. Leah Castella, Esq.
Counsel for the District
June 20, 2024 Regular Board Meeting Agenda Packet - Page 80 of 130
Page 11 of 15
RESOLUTION NO. 2024-015
EXHIBIT 1
CAD 2022-1: Houston Court Area
Assessor's Parcel Number
Amount
208-082-011-9
$4, 680.72
208-082-002-6
$4, 680.72
208-071-003-7
$4, 680.72
Total parcels
June 20, 2024 Regular Board Meeting Agenda Packet - Page 81 of 130
Page 12 of 15
ATTACHMENT 6
ORDINANCE NO. 336
AN ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES FOR
THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO JOB 6745
(HOUSTON COURT AREA CONTRACTUAL ASSESSMENT DISTRICT 2022-1)
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 6745 (Houston Court Area Contractual Assessment District (CAD)
2022-1), 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'
meeting on June 20, 2024.
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 6745
(Houston Court Area CAD 2022-1) 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.
June 20, 2024 Regular Board Meeting Agenda Packet - Page 82 of 130
Page 13 of 15
Central Contra Costa Sanitary District
Ordinance No. 336
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 on the 20t" day of June 2024 by the Board of Directors of
Central San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Mariah N. Lauritzen
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED
Eileen Hansen
Secretary Pro Tern
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to Form:
J. Leah Castella, Esq.
Counsel for the District
June 20, 2024 Regular Board Meeting Agenda Packet - Page 83 of 130
Page 14 of 15
ell 1- L1.
Assessment Numbers for Houston Ct. Area
Contractual Assessment District No. 2022-1 Map D�_1nr2aQO22
Detail
Area
® Assessment Number
cr * Pot,enrial Participant
O Existing Sewer Structure
— Existing Sewer Main
Potential CAD Sewer Main
si CAD Area
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celral sm a� as d 0.�6er,,�,,. Calf=h £bar RW9, Zde III -F'a UM. UE met E
June 20, 2024 Regular Board Meeting Agenda Packet - Page 84 of 130
Page 15 of 15
HOUSTON COURT AREA CAD 2022-1
REIMBURSEMENT FEES
Existing CAD Participants
3
Net Project Cost (Total cost,
less lateral cost for
$207,128
participants)
First Non -participant
Connector (#4)
1/4 of Net Project Cost
$51,782
June 20, 2024 Regular Board Meeting Agenda Packet - Page 85 of 130