HomeMy WebLinkAbout04.e. Set June 7, 2012 public hearing re-approving St. Mary's Road CADCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 3, 2012
subject: ADOPT A RESOLUTION ESTABLISHING JUNE 7, 2012 AS THE DATE FOR
A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF A REVISED 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. Miyamoto -Mills K. Alm Ann E. Farrell
General Manager
ISSUE: A public hearing is required to establish the revised 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 June 7, 2012 as the date for a
public hearing regarding a revised 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 $375,000 in sewer improvements, which
would be repaid by property owners.
ALTERNATIVES /CONSIDERATIONS: Selecting a later date for the public hearing
would delay the CAD proceedings, since the holding of a public hearing is required by
law. Taking no Board 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 adopted a resolution declaring its
intention to create the St. Mary's Road CAD for the purpose of installing sewer
improvements on St. Mary's Road in Lafayette and a resolution establishing the
boundaries of that CAD. On January 26, 2012, the Board of Directors adopted a
resolution to authorize the General Manager to execute an agreement with parcel
owners in conjunction with the St. Mary's Road CAD.
On April 5, 2012, following unsuccessful staff and community efforts to gain sufficient
participation from the benefitting property owners to ensure a successful CAD project,
the Board of Directors adopted a resolution approving a smaller revised boundary for
the St. Mary's Road CAD.
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POSITION PAPER
Board Meeting Date: May 3, 2012
subject. ADOPT A RESOLUTION ESTABLISHING JUNE 7, 2012 AS THE DATE FOR
A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF A REVISED ST.
MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1
As required by Proposition 218, an updated Engineer's Report estimating assessments
for properties within the CAD, based on a revised CAD project, 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 June 7, 2012.
RECOMMENDED BOARD ACTION: Adopt a resolution establishing June 7, 2012 as
the date for a public hearing to consider the establishment of a revised 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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RESOLUTION NO. 2012- o3z
RESOLUTION SETTING HEARING OF PROTESTS ON
ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT - REVISED
(CAD NO. 2011 -1)
WHEREAS, on March 17, 2011, the 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 Resolution 2011 -009 establishing the boundaries of
said CAD; and
WHEREAS, on January 26, 2012, the Board of Directors adopted Resolution 2012 -007 and
Resolution 2012 -008 as presented; and authorized the General Manager to execute an
agreement with parcel owners in conjunction with St. Mary's Road CAD No. 2011 -1; and
WHEREAS, on April 5, 2012, following unsuccessful staff and community efforts to gain
sufficient participation from the benefitting property owners to ensure a successful CAD
project, the Board of Directors adopted Resolution 2012 -025, rescinding Resolution 2011 -009
and approving a smaller revised boundary for St. Mary's Road CAD 2011 -1; and
WHEREAS, at the direction of the Board of Directors, Jarred Miyamoto - Mills, Provisional
Environmental Services Division Manager, as Engineer of Work for improvement proceedings
for St. Mary's Road CAD No. 2011 -1, has prepared a revised Engineer's 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 June 7, 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
revised 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.
Central Contra Costa Sanitary District
Resolution No.
Page 2 of 2
PASSED AND ADOPTED this 3rd day of May 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