HomeMy WebLinkAbout04.d. Set 5-19-11 for Public Hearing on Vista Del Orinda CADCentral Contra Costa Sanitary District
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' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date April 21, 2011
subject: ADOPT A RESOLUTION ESTABLISHING MAY 19, 2011 AS THE DATE FOR
A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF VISTA DEL
ORINDA CONTRACTUAL ASSESSMENT DISTRICT NO. 2010 -2
Submitted By: Initiating Dept. /Div.:
Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
P�r� M 1,***� C Y ' WiZA
R. Leavitt J. Mi moto -Mills C. Swanson A. Farrell K. Alm James OKelly
General Manager
ISSUE: A public hearing is required to establish the Vista Del Orinda Contractual
Assessment District (CAD) No. 2010 -2. A public hearing is also required to create an
assessment district pursuant to the procedure adopted under Proposition 218, which
amended the California Constitution, Article XIII D, Section 4.
RECOMMENDATION: Adopt a resolution establishing May 19, 2011 as the date for a
public hearing regarding Vista Del Orinda CAD No. 2010 -2 pursuant to California
Constitution, Article XIII D, Section -4, and Streets and Highways Code, Sections
5898.20 and 5898.24.
FINANCIAL IMPACTS: There are minor costs for publishing a legal notice advertising
the public hearing and for staff preparation and attendance. These costs will eventually
be paid by the CAD participants. Subsequent approval of the Vista Del Orinda CAD
would commit the District to finance up to $165,000 in sewer improvements,' which
would be repaid by property owners.
ALTERNATIVES /CONSIDERATIONS:
1. Select a later date for the public meeting - This would delay the CAD
proceedings, since the holding of a public hearing is required by law.
2. No action by the Board - No action will delay the CAD proceedings until a
different public hearing date is set, since the holding of a public hearing is
required by law.
BACKGROUND: On November 18, 2010, the Board of Directors adopted a resolution
of intention to create Vista Del Orinda CAD No. 2010 -2 for the purpose of installing
sewer improvements on Tumbling Brook Road, Vista Del Orinda, and Del Valle in
Orinda. The proposed Vista Del Orinda CAD No. 2010 -2 complies with the CAD policy
approved at the February 1, 2001 Board of Directors meeting. Ten properties could be
served by a Vista Del Orinda CAD public sewer. As required by Proposition 218, an
N: \ENVRSEC \Position Papers \Leavitt\2011 \4 -21 -11 \Set Public Hearing PP Vista Del Orinda FINAL 4- 21- 11.doc
POSITION PAPER
Board Meeting Date: April 21, 2011
subject ADOPT A RESOLUTION ESTABLISHING MAY 19, 2011 AS THE DATE FOR
A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF VISTA DEL
ORINDA CONTRACTUAL ASSESSMENT DISTRIC NO. 2010 -2
Engineer's Report estimating assessments for properties within the CAD has been
prepared and distributed. It is now appropriate to schedule a public hearing to offer
interested parties the opportunity to comment on the proposed assessments and
related issues. A resolution has been prepared (Attachment 1), which, if adopted, will
set the date of the public hearing for May 19, 2011.
RECOMMENDED BOARD ACTION Adopt a resolution establishing May 19, 2011 as
the date for a public hearing to consider the establishment of Vista Del Orinda
Contractual Assessment District No. 2010 -2, pursuant to California Constitution, Article
XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24.
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ATTACHMENT 1
RESOLUTION NO. 2011-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
TO SET A HEARING FOR PROTESTS ON
VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT
(CAD NO. 2010 -2)
WHEREAS, on November 18, 2010, this Board of Directors adopted Resolution
2010 -102 expressing the intent of the District to proceed with the Vista Del Orinda
Contractual Assessment District (CAD) No. 2010 -2 for the purpose of installing sewer
improvements on Tumbling Brook Road, Vista Del Orinda, and Del Valle, Orinda, CA;
and
WHEREAS, at the direction of this Board of Directors, Jarred Miyamoto - Mills,
Principal Engineer, as Engineer of Work for improvement proceedings for Vista Del
Orinda CAD No. 2010 -2, Central Contra Costa Sanitary District, Contra Costa
County, California, has prepared a report described in Section 5898.22 of the Streets
and Highways Code (Municipal Improvement Act of 1911); and
WHEREAS, owners of each affected parcel will be provided written notice of the
proposed assessment and ballot to indicate approval or opposition of the assessment
pursuant to the procedures required by California Constitution Article XIII D, Section
4, as amended by Proposition 218.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District resolves:
1. This Board sets 2:00 p.m. on May 19, 2011, at the Meeting Room of the
Board of Directors, 5019 Imhoff Place, Martinez, California, as the time
and place for hearing protests to the proposed improvements and the
creation of the proposed Vista Del Orinda Contractual Assessment
District and assessment.
2. The Secretary of the District is directed to publish and mail the notices
of improvement required by the Municipal Improvement Act of 1911
and to file affidavits of compliance.
PASSED AND ADOPTED this 21 day of April 2011, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
Resolution No. 2011 -
Page 2
Vista Del Orinda CAD 2010 -2
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Barbara D. Hockett
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme, CMC
Secretary of the Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District