HomeMy WebLinkAbout03.c. Set public hearing to establish St. Mary's Road CADCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
.�. .
POSITION PAPER
Board Meeting Date: December 15, 2011
Subject: ADOPT A RESOLUTION ESTABLISHING JANUARY 26, 2012 AS THE
DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF ST.
MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1
Submitted By: Initiating Dept ✓Div.:
Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R. Leavitt T. Godsey J. a oto -Mills A. Farrell m Ja . Kelly
Ge r I anager
ISSUE: A public hearing is required to establish the St. Mary's Road Contractual
Assessment District (CAD) No. 2011 -1. 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 January 26, 2012 as the date
for a public hearing regarding St. Mary's Road CAD No. 2011 -1 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 St. Mary's Road CAD
would commit the District to finance up to $391,000 in sewer improvements, which
would be repaid by property owners.
ALTERNATIVES /CONSIDERATIONS:
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 March 17, 2011, the Board of Directors adopted a resolution of
intention to create St. Mary's Road CAD No. 2011 -1 for the purpose of installing sewer
improvements on St. Mary's Road in Lafayette. The proposed St. Mary's Road CAD
No. 2011 -1 complies with the CAD policy approved at the February 1, 2001 Board of
Directors meeting. Seventeen properties could be served by a St. Mary's Road CAD
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POSITION PAPER
Board Meeting Date: December 15, 2011
Subject. ADOPT A RESOLUTION ESTABLISHING JANUARY 26, 2012 AS THE DATE
FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF ST. MARY'S
ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1
public sewer. As required by Proposition 218, an 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
January 26, 2012.
RECOMMENDED BOARD ACTION: Adopt a resolution establishing January 26, 2012
as the date for a public hearing to consider the establishment of St. Mary's Road
Contractual Assessment District No. 2011 -1, pursuant to California Constitution, Article
XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24.
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Central Contra Costa FIGURE
Sanitary District APPROVED BOUNDARY
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RESOLUTION NO. 2011-
RESOLUTION SETTING HEARING OF PROTESTS ON
ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT
(CAD NO. 2011 -1)
WHEREAS, on March 17, 2011, this Board of Directors adopted Resolution 2011 -008 expressing the
intent of the District to proceed with the St. Mary's Road Contractual Assessment District (CAD)
No. 2011 -1 for the purpose of installing sewer improvements on St. Mary's Road in Lafayette, CA; and
WHEREAS, at the direction of this Board of Directors, Curtis W. Swanson, Environmental Services
Division Manager, as Engineer of Work for improvement proceedings for St. Mary's Road CAD No.
2011 -1, 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 PM on January 26, 2012 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 St. Mary's Road 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 15th day of December 2011, by the Board of Directors of the Central
Contra Costa Sanitary District by the following votes:
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, CIVIC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District