Loading...
HomeMy WebLinkAbout05.c. Public hearing to approve Smith Road Contractual Assessment District (CAD)5.c. CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARING TO RECEIVE COMMENTS ON APPROVAL OF THE SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1 DISTRICT PROJECT NO. 5773 SUGGESTED AGENDA June 7, 2011 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 Smith Road Contractual Assessment District (CAD) No. 2012 -1: 1. Find that the project is exempt from CEQA. 2. Adopt a resolution confirming compliance with California Constitution, Article XIIID, Section 4. 3. Adopt a resolution approving the Engineer's Report, assessments, and ordering improvement. 4. Authorize the General Manager to execute an agreement with the Smith Road CAD No. 2012 -1 participants. N: \ENVRSEC \Position Papers \Leavitt\2012 \6- 7- 12Wgenda Conduct Hearing Smith Road 6 -7 -12 Final.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 7, 2012 Subject. CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT, ASSESSMENT, ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1, DISTRICT PROJECT NO. 5773 Submitted By: Initiating DeptJDiv.: Russell Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: W Nv/ l � R. Leavitt . Godsey J. M Moto -Mills K. Alm Ann E. Farrell General Manager ISSUE: A public hearing must be conducted to consider objections and inquiries regarding the proposed assessment, the Resolution of Intention, the Engineer's Report, and any other comments regarding Smith Road Contractual Assessment District (CAD) No. 2012 -1. RECOMMENDATION: Conduct the public hearing, find that the project is exempt from the California Environmental Quality Act (CEQA), and approve Smith Road CAD 2012- 1, District Project No. 5773. FINANCIAL IMPACTS: The estimated total sewer main extension project cost is $121,000. ALTERNATIVES /CONSIDERATIONS: Continuing the public hearing to a later date or taking no Board action would delay the CAD proceedings, since the holding of a public hearing is required by law. BACKGROUND: A group of parcel owners in the Smith Road neighborhood of unincorporated Alamo 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. The Smith Road CAD meets all of the criteria for formation of a CAD. There are 7 properties that could benefit from this CAD project. The Board of Directors adopted a N: \ENVRSEC \Position Papers \Leavitt\2012 \6- 7 -12 \PP Conduct Hearing Smith Road 6 -7 -12 FINAL.doc Page 1 of 6 POSITION PAPER Board Meeting Date: June 7, 2012 Subject. CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT, ASSESSMENT, ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1, DISTRICT PROJECT NO. 5773 Resolution of Intention to form a CAD on September 1, 2011. The subject sewer would include approximately 610 linear feet of 8 -inch sewer main and appurtenant works and facilities that will serve 7 existing properties, all of which have existing homes presently relying on septic tanks. A map showing the proposed boundary and the proposed sewer location is presented as Attachment 1. On September 1, 2011, the Board of Directors adopted a resolution directing the preparation of a report for Smith Road CAD No. 2012 -1. A report has been prepared, and assessments have been estimated. (The Engineer's Report was provided to the Board under separate cover.) A summary of project costs is provided in Exhibit "A ". On May 3, 2012, the Board of Directors set a public hearing for June 7, 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 Smith Road CAD No. 2012 -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 the ballot opposition is insufficient, the following resolutions may be considered and adopted: a. Resolution confirming compliance with California Constitution, Article XIIID, Section 4. b. Resolution approving the Engineer's Report, assessments, and ordering improvement. 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 bills; • Pay the assessments; N: \ENVRSEC \Position Papers \Leavitt\2012 \6- 7 -12 \PP Conduct Hearing Smith Road 6 -7 -12 FINAL.doc Page 2 of 6 POSITION PAPER Board Meeting Date: June 7, 2012 Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT, ASSESSMENT, ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1, DISTRICT PROJECT NO. 5773 • Accept total 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 total 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 work of the contractor, provided the work is done in accordance with District standards; • Give owners an opportunity to pay off their assessments upfront or amortize their assessments on owners' tax bills; • 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 Smith Road CAD No. 2012 -1 is $121,000. The project is included in the fiscal year (FY 2011 -2012) Capital Improvement Budget (CIB), on pages CS -52 and CS -53. Staff has conducted a cash - flow analysis of the Collection System Program budget and concluded that adequate funds are available for the project. Staff has concluded that this project, which is the creation of an assessment district and approval of a sewer extension project, is exempt from CEQA under CEQA Statute Section 21080.21 since it involves construction of a pipeline less than a mile in length in a public right -of -way. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: 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: N: \ENVRSEC \Position Papers \Leavitt\2012 \6- 7 -12 \PP Conduct Hearing Smith Road 6 -7 -12 FINAL.doc Page 3 of 6 POSITION PAPER Board Meeting Date: June 7, 2012 subject CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT, ASSESSMENT, ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1, DISTRICT PROJECT NO. 5773 • Conduct a public hearing. • Find that the project is exempt from CEQA. • Adopt a resolution confirming compliance with California Constitution, Article XIIID, Section 4. • Adopt a resolution approving the Engineer's Report, assessments, and ordering Improvement. • Authorize the General Manager to execute an agreement with the Smith Road CAD No. 2012 -1 participants. N: \ENVRSEC \Position Papers \Leavitt\2012 \6- 7 -12 \PP Conduct Hearing Smith Road 6 -7 -12 FINAL.doc Page 4 of 6 NAENVRSEC \Position Papers \Leavitt\2012 \6- 7 -12 \PP Conduct Hearing Smith Road 6 -7 -12 FINAL.doc Page 5 of 6 EXHIBIT "A" SUMMARY OF SEWER MAIN EXTENSION AND OTHER COSTS THAT COULD BE FINANCED UNDER SMITH ROAD CAD NO. 2012 -1 Construction — Sewer main extension $92,000 Engineering — Sewer main extension $19,800 District Services — Sewer main extension $9,200 SUBTOTAL — Sewer main extension $121,000 N: \ENVRSEC \Position Papers \Leavitt\2012 \6- 7 -12 \PP Conduct Hearing Smith Road 6 -7 -12 FINAL.doc Page 6 of 6 RESOLUTION NO. 2012 - py0 RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1 The Board of Directors of the Central Contra Costa Sanitary District (Board) resolves: THAT the Board set 2:00 p.m. on June 7, 2012, at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for a public hearing pursuant to California Constitution, Article XIIID, Section 4. 2. THAT pursuant to Article XIIID of the California Constitution, as amended by Proposition 218, commonly known as the "Right to Vote on Taxes Act," notice of the proposed assessment was provided to all owners of affected parcels within Central Contra Costa Sanitary District (District), which contained a ballot whereby each owner could indicate support or opposition to the proposed assessment. 3. THAT at the time and place for which notice was given, the Board conducted a public hearing, pursuant to California Constitution, Article XIIID, Section 4, and gave every person present an opportunity to comment on and object to the amount of the proposed assessment. 4. THAT the Board finds that less than a majority of parcel owners who returned ballots, weighted by financial obligation, opposed the proposed assessment. PASSED AND ADOPTED this 7th day of June 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. 2012 - 0q' RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT SMITH ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2012 -1 The Board of Directors of the Central Contra Costa Sanitary District (Board) resolves: THAT the Board has taken a series of actions preliminary to ordering the improvement in the Smith Road Contractual Assessment District No. 2012 -1, Central Contra Costa Sanitary District (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 Jarred Miyamoto - Mills, Provisional 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 610 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Smith Road, Alamo, California. 3. After completion of construction of the improvements, the District shall levy a contractual assessment upon participating parcels within the described Smith Road Contractual Assessment District No. 2012 -1 in accordance with the Contractual Assessment District Policy, and with the benefit received by each parcel of land, respectively, from the improvement. The District shall prepare and record a map showing the final boundaries of the assessment district based on the actual number of properties whose owners sign an assessment contract with the District. 4, The Board called a hearing on the Smith Road Contractual Assessment District No. 2012 -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 No. 2012 - Smith Road CAD No. 2012 -1 Page 2 of 3 6. The number of written ballots returned to the District and submitted in opposition to the assessment does not exceed the ballots submitted in favor of the assessment, weighted according to the proportional financial obligation of the affected property. 7. The documents and events described in paragraphs 1 through 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 Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report is hereby approved. 9. 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 improvement described in paragraph 2 and as detailed in the Engineer's Report is hereby ordered. 11. According to Section 10603 of the Streets and Highways Code, the District Finance Manager is hereby designated 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 CEQA Statute Section 21080.21 since it involves construction of a pipeline less than a mile in length in a public right -of- way. Number Document or Event Date or Action a. Resolution of Intention 9/1/2011 2011 -051 b. Resolution Approving Boundary Map 9/1/2011 2010 -052 c. Boundary Map Filed with County Recorder pending -- e. Affidavit of Publication of Notice of Improvement pending -- 8. The Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report is hereby approved. 9. 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 improvement described in paragraph 2 and as detailed in the Engineer's Report is hereby ordered. 11. According to Section 10603 of the Streets and Highways Code, the District Finance Manager is hereby designated 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 CEQA Statute Section 21080.21 since it involves construction of a pipeline less than a mile in length in a public right -of- way. Resolution No. 2012 - Smith Road CAD No. 2012 -1 Page 3 of 3 PASSED AND ADOPTED this 7th day of June 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