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. N: \ENVRSEC \Position Papers \Leavitt\2011\5- 19- 11\Agenda - Conduct Hearing Vista Del Orinda CAD FINAL 5-19 - 11.doc 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 N: \ENVRSEC \Position Papers \Leavitt\2011 \5- 19 -11 \PP Conduct Hearing Vista Del Orinda FINAL 5- 19- 11.doc Page 1 of 6 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. N: \ENVRSEC \Position Papers \Leavitt\2011 \5- 19 -11 \PP Conduct Hearing Vista Del Orinda FINAL 5- 19- 11.doc Page 2 of 6 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. N: \ENVRSEC \Position Papers \Leavitt\2011 \5- 19 -11 \PP Conduct Hearing Vista Del Orinda FINAL 5- 19- 11.doc Page 3 of 6 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. N: \ENVRSEC \Position Papers \Leavitt\2011 \5- 19 -11 \PP Conduct Hearing Vista Del Orinda FINAL 5- 19- 11.doc Page 4 of 6 N: \ENVRSEC \Position Papers \Leavitt\2011 \5- 19 -11 \PP Conduct Hearing Vista Del Orinda FINAL 5- 19- 11.doc Page 5 of 6 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 N: \ENVRSEC \Position Papers \Leavitt\2011 \5- 19 -11 \PP Conduct Hearing Vista Del Orinda FINAL 5- 19- 11.doc Page 6 of 6