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HomeMy WebLinkAbout05.a. Public hearing re St. Mary's Road Contractual Assessment District (CAD)Sao CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARING TO RECEIVE COMMENTS ON APPROVAL OF THE ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1 DISTRICT PROJECT NO. 6513 SUGGESTED AGENDA January 26, 2012 Request staff presentation, including tabulation of the Proposition 218 ballots. II. 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 St. Mary's Road Contractual Assessment District (CAD) No. 2011 -1: 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 the General Manager to execute an agreement with the St. Mary's Road CAD No. 2011 -1 participants. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: January 26, 2012 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; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1, DISTRICT PROJECT NO. 6513 Submitted By: Initiating Dept. /Div.: Russell B. Leavitt, Engineering Assistant Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ^ / Y 4 �� R. Leavitt GVGodsey J. Mi moto -Mills A. Farrell K. Alm Ja s elly Ge eral Manager ISSUE: In accordance with state law, 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 St. Mary's Road Contractual Assessment District (CAD) No. 2011 -1. RECOMMENDATION: Conduct the public hearing, find that the project is exempt from the California Environmental Quality Act (CEQA), and approve St. Mary's Road CAD 2011 -1, District Project No. 6513. FINANCIAL IMPACTS: The estimated total sewer main extension project cost is $391,000. ALTERNATIVEWCONSIDERATIONS: 1. Continue the public hearing to receive additional public comment or allow additional deliberation. 2. Deny or delay approval of the project. BACKGROUND: A group of parcel owners in the St. Mary's Road area in the City of Lafayette 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 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. N: \ENVRSEC \Position Papers \Leavitt\2012 \1- 26 -12 \PP Conduct Hearing St Mary's Road CAD Final 1- 26- 12.doc Page 1 of 4 POSITION PAPER Board Meeting Date: January 26, 2012 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; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1, DISTRICT PROJECT NO. 6513 The St. Mary's Road CAD meets all of the criteria for formation of a contractual assessment district. There are 17 properties that could benefit from this CAD project. The Board of Directors adopted a Resolution of Intention to form a contractual assessment district on March 17, 2011. The subject sewer would include approximately 1,890 linear feet of 1 -1/4 inch diameter pressure sewer within a 4 -inch diameter pipe casing, together with appurtenant works and facilities that will serve 17 existing properties, 15 of which have existing homes presently relying on septic tanks. One property is undeveloped and one is owned by the City of Lafayette and contains ball fields and a community meeting place. A map showing the boundary (also approved at the March 17, 2011 meeting) and the proposed sewer location is presented as Exhibit 1. On March 17, 2011, the Board of Directors adopted a resolution directing the preparation of a report for a contractual assessment district known as St. Mary's Road CAD No. 2011 -1. A report has been prepared, and assessments have been estimated. (The Engineer's Report was provided to the Board under separate cover.) On December 15, 2011, the Board of Directors set a public hearing for January 26, 2012. 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 St. Mary's Road CAD No. 2011 -1, 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. b. Resolution approving the Engineer's Report, assessments, and ordering improvement. N: \ENVRSEC \Position Papers \Leavitt\2012 \1- 26 -12 \PP Conduct Hearing St Mary's Road CAD Final 1- 26- 12.doc Page 2 of 4 POSITION PAPER Board Meeting Date: January 26, 2012 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; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1, DISTRICT PROJECT NO. 6513 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 project work, 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 St. Mary's Road CAD No. 2011 -1 is $391,000. A summary of project costs is shown in Exhibit 2. Funding for the CAD Program is included in the 2011 -2012 Capital Improvement Budget (CIB) on pages CS- 52 to CS -53. Staff has conducted a cash -flow analysis of the Capital Improvement program budget and concluded that adequate funds are available for this project. Staff has concluded that this project, which is the creation of assessment district financing for public sewer improvements, 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 N: \ENVRSEC \Position Papers \Leavitt\2012 \1- 26 -12 \PP Conduct Hearing St Mary's Road CAD Final 1- 26- 12.doc Page 3 of 4 POSITION PAPER Board Meeting Date: January 26, 2012 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; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1, DISTRICT PROJECT NO. 6513 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 the General Manager to execute an agreement with the St. Mary's Road CAD No. 2011 -1 participants. N: \ENVRSEC \Position Papers \Leavitt\2012 \1- 26 -12 \PP Conduct Hearing St Mary's Road CAD Final 1- 26- 12.doc Page 4 of 4 tf� a D LAFAYETTE SITE ,F LOCATION MAP N.T.S. %1 * �I I� I� I� 200 4� Z\ * - rr" _ LEGEND: CAD AREA PROPOSED CAD SEWER EXISTING POTENTIAL PARTICIPANT �. SEWER 2 Central Contra Costs s Sanitary District APPROVED BOUNDARY EXHIBIT ' ST. MARY'S ROAD 1 CAD 2011 -1 i EXHIBIT 2 SUMMARY OF SEWER MAIN EXTENSION AND OTHER COSTS THAT COULD BE FINANCED UNDER ST. MARY'S ROAD CAD NO. 2011 -1 Construction — Sewer main extension $352,000 Engineering — Sewer main extension $16,500 District Services — Sewer main extension $22,500 SUBTOTAL — Sewer main extension $391,000 RESOLUTION NO. A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT OVERRULING PROTESTS ON THE ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1 The Board of Directors of the Central Contra Costa Sanitary District resolves: On January 26, 2012, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in St. Mary's Road Contractual Assessment District No. 2011 -1. At or before the time set for hearing, certain interested persons made or may have made protests or objections to the proposed improvement, the extent of the Contractual Assessment District, or the proposed assessment. The Board hereby overrules each of these protests, written or oral. The Board finds that the protest against the proposed improvement (including all written protests not withdrawn in writing before the conclusion of the protest hearing) is made by the owners of less than one half of the area of the land potentially subject to assessments for the improvement. PASSED AND ADOPTED this 26th day of January 2012, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly 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 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 RESOLUTION NO. A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1 The Board of Directors of the Central Contra Costa Sanitary District (Board) resolves: This Board has taken a series of actions preliminary to ordering the improvement in the St. Mary's Road Contractual Assessment District No. 2011 -1, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: The Board adopted a map showing the boundaries of the land potentially benefited by the proposed improvement. A copy of the preliminary boundary map will be filed in the office of the County Recorder of the County of Contra Costa in the Book of Maps of Assessment and Community Facilities Districts. 2. The Board adopted its Resolution of Intention to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Curtis W. Swanson, Environmental Services Division Manager, as the Engineer of Work for the Assessment District, to prepare the report required by Section 5989.22 of the Streets and Highways Code. The improvement is generally described as follows: Construction and installation of approximately 1,890 linear feet of 1 -1/4 inch diameter pressure sanitary sewer within a 4 -inch diameter pipe casing, together with appurtenant work and facilities located along St. Mary's Road in Lafayette, California. 3. After completion of construction of the improvements, the District shall levy a contractual assessment upon participating parcels within the described St. Mary's Road Contractual Assessment District No. 2011 -1 in accordance with the Contractual Assessment District Policy, and with the benefit received by each parcel of land, respectively, from the improvement. 4, The Board called a hearing of protests on the St. Mary's Road Contractual Assessment District No. 2011 -1. Notice of the hearing was given by publication and by mailing to affected parcel owners, all according to the Municipal Improvement Act of 1911. Affidavits of publication were filed with the Secretary of the District. 5. At the time and place for which notice was given, the Board of Directors conducted a public hearing pursuant to Section 5898.26 of the Streets and Highways Code, which included a summary of the Engineer's Report and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment District Program improvement and the extent of the Assessment District. Resolution St. Mary's Road CAD Page 2 of 3 6. The Board further finds that written protests against the proposed improvement have not been made by owners representing more than one half of the area of the land to be assessed for the improvement. 7. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the District except as otherwise noted. 8. The Board approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 9. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Board hereby confirms and levies each individual assessment as stated in the Engineer's Report. 10. The Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 11. According to Section 10603 of the Streets and Highways Code, the Board designates the District Controller to collect and receive payment of the assessments. 12. The Board independently finds that this project 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 substantially developed nature of the project environment, and the limited service area of the project. Number Document or Event Date or Action a. Resolution of Intention 3/17/11 2011 -008 b. Resolution Approving Boundary Map 3/17/11 2011 -009 c. Boundary Map Filed with County Recorder pending -- e. Affidavit of Publication of Notice of Improvement pending -- 8. The Board approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 9. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Board hereby confirms and levies each individual assessment as stated in the Engineer's Report. 10. The Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 11. According to Section 10603 of the Streets and Highways Code, the Board designates the District Controller to collect and receive payment of the assessments. 12. The Board independently finds that this project 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 substantially developed nature of the project environment, and the limited service area of the project. Resolution St. Mary's Road CAD Page 3 of 3 PASSED AND ADOPTED this 26th day of January 2012, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly 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