HomeMy WebLinkAbout04.f. Set June 7, 2012 public hearing establishing Smith Road CADCentral Contra Costa Sanitary District qS.
' 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 SMITH ROAD
CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -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. amoto -Mills K. Alm Ann E. Farrell
General Manager
ISSUE: A public hearing is required to establish the Smith Road Contractual
Assessment District (CAD) No. 2012 -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 Smith Road CAD No. 2012 -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 Smith Road CAD would
commit the District to finance up to $121,000 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 1, 2012, the Board of Directors adopted a resolution of
intention to create the Smith Road CAD for the purpose of installing sewer
improvements on Smith Road in Alamo. The proposed Smith Road CAD complies with
the CAD policy approved at the February 1, 2001 Board of Directors meeting. Seven
properties could be served by a Smith Road CAD public sewer.
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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 SMITH ROAD
CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1
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, 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 Smith Road Contractual
Assessment District No. 2012 -1, pursuant to California Constitution, Article XIII D,
Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24.
NAENVRSEMPosition Papers \Leavitt\2012 \5 -3 -12 \Set Public Hearing PP Smith Road 5 -3 -12 FINAL.doc Page 2 of 2
RESOLUTION NO. 2012- 03'3
RESOLUTION SETTING HEARING OF PROTESTS ON
SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT
(CAD NO. 2012 -1)
WHEREAS, on March 1, 2012, the Board of Directors adopted Resolution 2012 -016
expressing the intent of the District to proceed with the Smith Road Contractual Assessment
District (CAD) No. 2012 -1 for the purpose of installing sewer improvements on Smith Road in
Alamo, CA and Resolution 2012 -017 establishing the boundaries of said CAD; 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 Smith Road CAD No. 2012 -1, has prepared an 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 have been 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
Smith 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. 2012 -
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