HomeMy WebLinkAbout04.a. Public Hearing re Vista Del Orinda Contractual Assessment District No. 2010-2/i! a.
CENTRAL CONTRA COSTA SANITARY DISTRICT
PUBLIC HEARING TO RECEIVE COMMENTS
ON APPROVAL OF THE VISTA DEL ORINDA
CONTRACTUAL ASSESSMENT DISTRICT NO. 2010 -2
DISTRICT PROJECT NO. 6499
SUGGESTED AGENDA
May 19, 2011
Request staff presentation, including tabulation of the Proposition 218 ballots.
Public Hearing:
A. Receive public comments.
B. Request staff response, as appropriate.
C. Close Public Hearing.
III. Board deliberation of the following actions regarding approval of the Vista Del
Orinda Road Contractual Assessment District (CAD) No. 2010 -2:
1. Find that the project is exempt from CEQA.
2. Adopt a resolution overruling protests.
3. Adopt a resolution approving the Engineer's Report, assessments,
and ordering improvement.
4. Authorize a $165,000 allocation from the Collection System Program
contingency.
5. Authorize the General Manager to execute an agreement with the
Vista Del Orinda CAD No. 2010 -2 participants.
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2011
subject CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND
ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT
EXEMPT FROM CEQA; AUTHORIZE AN ALLOCATION FROM THE COLLECTION
SYSTEM PROGRAM CONTINGENCY, AND AUTHORIZE EXECUTION OF
AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE VISTA DEL
ORINDA CONTRACTUAL ASSESSMENT DISTRICT NO. 2010 -2, DISTRICT
PROJECT NO. 6499
Submitted By, .
Russell B. Leavitt, Engineering Assistant
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Initiating Dept. /Div.:
Engineering /Environmental Services
R. Leavitt J. Miyamoto -Mills -,Swanson A. Farrell K. Alm Vames M. Flly
General Manager
ISSUE: A public hearing must be conducted to consider objections and inquiries
regarding the proposed assessment, the Resolution of Intention, the Engineer's Report,
annexation, and any other comments regarding Vista Del Orinda Contractual
Assessment District (CAD) No. 2010 -2.
RECOMMENDATION: Conduct the public hearing, find that the project is exempt from
the California Environmental Quality Act (CEQA), authorize an allocation from the
Collection System Program contingency, and approve Vista Del Orinda CAD 2010 -2,
District Project No. 6499.
FINANCIAL IMPACTS: The estimated total sewer main extension project cost is
$165,000.
ALTERNATIVES /CONSIDERATIONS:
1. Continue the public hearing to receive additional public comment or allow
additional deliberation.
2. Withhold or delay approval of the project.
BACKGROUND: A group of parcel owners in the Vista Del Orinda neighborhood in the
City of Orinda have requested that the District form a CAD for the purpose of financing
a public sewer system that would benefit their properties. The Board approved a
revised CAD policy at the February 1, 2001 meeting (Resolution 2001 -008).
This policy amended the CAD Program, which provides financial assistance to District
property owners so that they may extend the public sewer system to serve their
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POSITION PAPER
Board Meeting Date: May 19, 2011
subject. CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND
ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT
EXEMPT FROM CEQA; AUTHORIZE AN ALLOCATION FROM THE COLLECTION
SYSTEM PROGRAM CONTINGENCY, AND AUTHORIZE EXECUTION OF
AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE VISTA DEL
ORINDA CONTRACTUAL ASSESSMENT DISTRICT NO. 2010 -2, DISTRICT
PROJECT NO. 6499
properties. The project being considered for approval by the Board of Directors is the
creation of a contractual assessment district to finance extension of a sewer main to a
neighborhood and connection to the District public sewer system.
The Vista Del Orinda CAD meets all of the criteria for formation of a contractual
assessment district. There are 10 properties that could benefit from this CAD project.
The Board of Directors adopted a Resolution of Intention to form a contractual
assessment district on November 18, 2010. The subject sewer would include
approximately 850 linear feet of 8 -inch sewer main and appurtenant works and facilities
that will serve 10 existing properties, eight of which have existing homes presently
relying on septic tanks. A map showing the boundary (also approved at the November
18, 2010 meeting) and the proposed sewer location is presented as Exhibit 1.
On November 18, 2010, the Board of Directors adopted a resolution directing the
preparation of a report for a contractual assessment district known as Vista Del Orinda
CAD No. 2010 -2. A report has been prepared, and assessments have been estimated.
(The Engineer's Report was provided to the Board under separate cover.) On
April 21, 2011, the Board of Directors set a public hearing for May 19, 2011. Since
assessments are proposed to be levied on properties, the procedural requirements of
Proposition 218 apply. Compliance with these requirements has been included in the
documents and actions proposed for Board consideration. In order to continue the
process for Vista Del Orinda CAD No. 2010 -2, the following actions are necessary:
1. Conduct a public hearing to:
a. Announce the tabulation of ballots submitted by owners of each affected
parcel indicating approval or opposition to the proposed assessment, and
b. Consider public testimony on the Resolution of Intention and the Engineer's
Report.
2. If, at the close of the hearing, the Board finds that protests and ballot opposition
are insufficient, the following resolutions may be considered and adopted:
a. Resolution overruling protests of improvement.
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POSITION PAPER
Board Meeting Date: May 19, 2011
subject. CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND
ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT
EXEMPT FROM CEQA; AUTHORIZE AN ALLOCATION FROM THE COLLECTION
SYSTEM PROGRAM CONTINGENCY, AND AUTHORIZE EXECUTION OF
AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE VISTA DEL
ORINDA CONTRACTUAL ASSESSMENT DISTRICT NO. 2010 -2, DISTRICT
PROJECT NO. 6499
b. Resolution approving the Engineer's Report, assessments, and ordering
improvement.
An agreement between the participating owners and the District is needed to establish
the rights and obligations of both parties. District Counsel has prepared such an
agreement in which the owners agree to:
• assessments being placed on their property tax bills;
• pay the assessments;
• accept responsibility for the design and construction of the sanitary sewer
extension;
• require the contractor who is selected by the owners to maintain certain
insurance coverage;
• accept responsibility for the costs associated with the sanitary sewer extension,
including interest for District financing; and
• have the sanitary sewer extension constructed in accordance with District
standards.
The District will:
• finance the costs of the sanitary sewer extension;
• accept the work of the contractor, provided the work is done in accordance with
District standards;
• give owners an opportunity to pay their assessments upfront;
• record as liens on the participants' properties the obligation of each participant
to pay assessments; and
• be reimbursed in full by receiving payments, including interest, for the total
amount financed from owners over a ten -year period.
The estimated cost of the sewer main extension for Vista Del Orinda CAD No. 2010 -2 is
$165,000. A summary of project costs is shown in Exhibit 2. Funding for the CAD
Program is not included in the 2010 -2011 Capital Improvement Budget (CIB), so the
Board will need to approve a $165,000 allocation from the Collection System Program
contingency.
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POSITION PAPER
Board Meeting Date: May 19, 2011
Subject. CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND
ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT
EXEMPT FROM CEQA; AUTHORIZE AN ALLOCATION FROM THE COLLECTION
SYSTEM PROGRAM CONTINGENCY, AND AUTHORIZE EXECUTION OF
AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE VISTA DEL
ORINDA CONTRACTUAL ASSESSMENT DISTRICT NO. 2010 -2, DISTRICT
PROJECT NO. 6499
Staff has concluded that this project, which is the creation of assessment district
financing, is exempt from the California Environmental Quality Act (CEQA) under
District CEQA Guidelines, Section 15061 (b)(3), since it can be seen with certainty that
there is no possibility that the activity in question may have a significant adverse effect
on the environment. This certainty is based on the District's past experience with
numerous similar sewer construction projects, the developed nature of the project
environment, and the limited service area of the project (little potential for growth
inducement). Approval of the Engineer's Report will establish the Board of Directors'
independent finding that this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: If a majority protest is not filed and if less than a
majority of returned ballots from affected parcel owners oppose the assessment, staff
recommends that the Board of Directors take the following actions:
• Receive the tabulation of the Proposition 218 ballots.
• Conduct a public hearing.
• Find that the project is exempt from CEQA.
• Adopt a resolution overruling protests.
• Adopt a resolution approving the Engineer's Report, assessments, and ordering
improvement.
• Authorize a $165,000 allocation from the Collection System Program
contingency.
• Authorize the General Manager to execute an agreement with the Vista Del
Orinda CAD No. 2010 -2 participants.
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EXHIBIT 2
SUMMARY OF SEWER MAIN EXTENSION AND OTHER COSTS
THAT COULD BE FINANCED UNDER
VISTA DEL ORINDA CAD NO. 2010 -2
Construction — Sewer main extension
$145,200
Engineering — Sewer main extension
$7,600
District Services — Sewer main extension
$12,200
SUBTOTAL—. Sewer main extension
$165,000
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