HomeMy WebLinkAbout03.g. Initiate formation and approve boundary map for Smith Road CAD3.
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 1, 2012
subject: ADOPT A RESOLUTION OF INTENTION TO CREATE THE SMITH ROAD
CAD NO. 2012 -1 AND RESCINDING RESOLUTION 2011 -051; AND ADOPT A
RESOLUTION APPROVING BOUNDARIES FOR THE CAD AND RESCINDING
RESOLUTION 2011 -052
Submitted By: Initiating Dept. /Div.:
Russell Leavitt, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R. Leavitt T. odsey J. Mi moto -Mills A. Farrell K. Alm ames M. elly
eneral Minager
ISSUE: New resolutions are needed to renumber the Smith Road Contractual
Assessment District (CAD) and revise the boundaries approved in September 2011.
RECOMMENDATION: Adopt a resolution of intention to create the Smith Road CAD
No. 2012 -1 and rescind Resolution 2011 -051; and adopt a resolution to approve new
boundaries for the CAD and rescind Resolution 2011 -052.
FINANCIAL IMPACTS: None at this time. If the CAD receives final approval from the
Board in the future, CAD costs are estimated to be $125,000.
ALTERNATIVES /CONSIDERATIONS: Reject or defer re- initiating the CAD and
revising its boundaries. These actions would halt or delay the CAD proceedings.
BACKGROUND: At its September 1, 2011 meeting, the Board of Directors adopted
Resolution 2011 -051 to initiate formation of Smith Lane CAD No. 2011 -1 and
Resolution 2011 -052 to approve boundaries for the CAD. Subsequently, staff
discovered that a different CAD approved earlier in the year (the St. Mary's Road CAD)
had been assigned the same CAD serial number (i.e., 2011 -1). A new CAD initiation
resolution is needed to change the number of the Smith Road CAD to avoid confusion.
Also, an owner of a parcel outside the original CAD boundaries has now indicated an
interest in being served by the CAD sewer. If that property is added to the CAD, it
would also be appropriate to add the property across the street. A new resolution is
needed to revise the previously approved boundaries so that CAD planning and design
can proceed.
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POSITION PAPER
Board Meeting Date: March 1, 2012
subject: ADOPT A RESOLUTION OF INTENTION TO CREATE THE SMITH ROAD
CAD NO. 2012 -1 AND RESCINDING RESOLUTION 2011 -051; AND ADOPT A
RESOLUTION APPROVING BOUNDARIES FOR THE CAD AND RESCINDING
RESOLUTION 2011 -052
If approved, these new resolutions would rescind Resolutions 2011 -051 and 2011 -052.
With revised boundaries, the CAD sewer can be designed to serve the additional
properties, preparation and public review of the Engineer's Report can proceed, and
final approval of the CAD can be considered by the Board in the future.
RECOMMENDED BOARD ACTION: Adopt a resolution of intention to create the Smith
Road CAD No. 2012 -1 and rescind Resolution 2011 -051; adopt a resolution to approve
its boundaries and rescind Resolution 2011 -052.
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CAD AREA
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Attachment
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PROPOSED BOUNDARY
SMITH ROAD
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RESOLUTION NO. 2012 -016
A RESOLUTION RESCINDING RESOLUTION NO. 2011 -051 AND STATING THE
INTENTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
TO CREATE THE SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1
FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS
WHEREAS, the public health and the environment will be best protected by the expansion of
the public sewer system; and
WHEREAS, the construction and installation of a sanitary sewer, together with appurtenant
work and facilities, in areas not presently connected to the public sewer system will facilitate the
elimination of potential public health problems due to failing septic systems; and
WHEREAS, it would be convenient and advantageous to establish boundaries wherein owners
of parcels may enter into contracts with the Central Contra Costa Sanitary District (CCCSD) for
assessments and make arrangements to finance a public improvement benefiting said parcels
where the costs and time delays involved in creating an assessment district pursuant to
alternative provisions in the law would be prohibitively onerous relative to the cost of the
improvement.
NOW, THEREFORE, the Board of Directors of CCCSD (Board) resolves:
THAT Resolution No. 2011 -051 is hereby rescinded; and
2. THAT the Board intends to approve an improvement under the authority of the
Municipal Improvement Act of 1911, as amended, to wit: construction and installation
of approximately 610 linear feet of sanitary sewer, together with appurtenant work and
facilities, located at Smith Road in Alamo, California; and
3. THAT the Board finds that the parcels within boundaries shown on the map entitled,
"Proposed Boundaries of Smith Road Contractual Assessment District No. 2012 -1"
shall be included in said Contractual Assessment District (CAD); and
4. THAT the Board intends to levy a special assessment upon participating parcels
within said CAD in accordance with the special benefit to be received by each parcel,
respectively, from the improvement. There shall be omitted from assessment, all
public streets, alleys and places, and all land belonging to the United States, the
State of California, Contra Costa County, and CCCSD because it has been
determined that no special benefit will be conferred on any such land within the CAD;
and
5. THAT the Board intends to provide loan financing for the improvements, subject to the
availability of funds and any limitation on the commitment or expenditure of funds for
the CAD Program as it may establish from time to time. Loans shall be repaid
through assessments on the property of participating parcel owners. Assessments
shall be paid over a maximum period of ten (10) years with interest at a rate to be
fixed by CCCSD; and
6. THAT the procedure for collection of assessments shall be placement of assessments
on participating parcel owners' annual property tax bills. The first assessments may
be placed on owners' property tax bills in fiscal year 2012 -2013; and
Central Contra Costa Sanitary District
Resolution No. 2012 -016
Page 2 of 2
7. THAT the Board appoints Jarred Miyamoto - Mills, Principal Engineer / Provisional
Environmental Services Division Manager, as Engineer of Work for this project to prepare the
report required by Section 5898.22 of the Streets and Highways Code; and
8. THAT a public hearing before the Board is tentatively scheduled on this matter for May 17,
2012 at the District Offices at 5019 Imhoff Place, Martinez, California. This date may be
changed in the future; and
9. THAT the Board independently finds that this project is exempt from the California
Environmental Quality Act (CEQA) under 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 effect on the environment." This certainty is based on CCCSD's past experience
with numerous sewer construction projects of this nature, the relatively short distance involved,
and CCCSD's impact - limiting construction specifications that would be required of the project.
PASSED AND ADOPTED this 1 st day of March, 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
RESOLUTION NO. 2012 -017
RESOLUTION APPROVING BOUNDARIES FOR THE
SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1
AND RESCINDING RESOLUTION NO. 2011 -052
WHEREAS a map entitled "Proposed Boundaries of Smith Road Contractual Assessment District
No. 2012 -1" has been filed with the Secretary of the Central Contra Costa Sanitary District ( CCCSD).
NOW, THEREFORE, the CCCSD Board of Directors (Board) resolves:
THAT the Board hereby approves the map and the boundaries shown on the map indicating the extent of
the territory to be included in a contractual assessment district (CAD) to be known as the Smith Road
Contractual Assessment District No. 2012 -1, CCCSD, County of Contra Costa, California; and
THAT the Board intends to levy a special assessment upon participating parcels within said CAD in
accordance with the special benefit to be received by each parcel, respectively, from the improvement.
There shall be omitted from assessment, all public streets, alleys and places, and all land belonging to
the United States, the State of California, Contra Costa County, and CCCSD because it has been
determined that no special benefit will be conferred on any such land within the CAD; and
THAT the Board finds that the map is in the form and contains the matters prescribed by Section 3110 of
the California Streets and Highways Code; and
THAT the Board directs the Secretary of CCCSD to certify the adoption of this resolution on the face of
the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of
Assessment and Community Facilities Districts; and
THAT Resolution No. 2011 -052 is hereby rescinded.
PASSED AND ADOPTED this 1st day of March, 2012 by the Board of Directors of the Central Contra
Costa Sanitary District by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
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:
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Kenton L. Alm, Esq.
Counsel for the District