HomeMy WebLinkAbout07.a. Conduct public hearing and consider adopting resolutions regarding South Jackson Way Contractual Assessment District (CAD) No. 2016-1 Central Contra Costa Sanitary District 7-a.
BOARD OF DIRECTORS
AL
POSITION PAPER
Board Meeting Date: April 7, 2016
Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION CONFIRMING
COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID,
SECTION 4; 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 SOUTH JACKSON WAY CONTRACTUAL
ASSESSMENT DISTRICT NO. 2016-1, DISTRICT PROJECT NO. 6602
Submitted By. Initiating Dept./Div.:
Russell Leavitt Engineering & Technical Services /
Engineering Assistant III Planning & Development Servi s
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
T. Brightbill—Senior Engineer
D. Gemmell—Planning & Development Services Division Mgr. 1 "� w
JM. Petit—Director of Engineering &Technical Services Kent Alm Roger S.Bailey
Counsel for the District 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 South Jackson Way Contractual Assessment
District (CAD) No. 2016-1.
BACKGROUND: A group of parcel owners in the South Jackson Way 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 November 5, 2015 meeting (Board Policy No.
BP 010 — Contractual Assessment Districts). The CAD Program provides financial
assistance to 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 South Jackson Way CAD meets all of the criteria for formation of a contractual
assessment district. There are 22 properties that could benefit from this CAD project.
The Board of Directors adopted a Resolution of Intention to form a contractual
assessment district on January 7, 2016. The subject sewer would include
approximately 1,187 linear feet of eight-inch sewer main and appurtenant works and
facilities that will serve 22 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. At the time of approval of the final
assessments, a final boundary map of the assessment district will be recorded based on
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POSITION PAPER
Board Meeting Date: APRIL 7, 2016
Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION CONFIRMING
COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID,
SECTION 4; 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 SOUTH JACKSON WAY CONTRACTUAL
ASSESSMENT DISTRICT NO. 2016-1, DISTRICT PROJECT NO. 6602
the actual number of parcels whose owners execute an assessment contract with the
District.
An Engineer's Report, which includes an estimate of the total project cost and estimated
individual assessments, has been prepared. A summary of project costs is provided in
Exhibit 1.
On March 3, 2016, the Board of Directors set a public hearing for April 7, 2016. This
public hearing, the preparation of the Engineer's Report, and the notification and
balloting process conform to the legal requirements for the formation of a voluntary CAD
contained in the Streets and Highways Code and those portions of Proposition 218
applicable to voluntary CADs.
In order to continue the process for South Jackson Way CAD No. 2016-1, the following
actions are necessary:
1. Conduct a public hearing to:
a. Consider public testimony on the Resolution of Intention and the Engineer's
Report.
b. Announce the tabulation of ballots submitted by owners of each affected
parcel indicating approval or opposition to the proposed assessment, and
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 XIID,
Section 4.
b. Resolution approving the Engineer's Report, assessments, and ordering
improvement.
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POSITION PAPER
Board Meeting Date: APRIL 7, 2016
Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION CONFIRMING
COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID,
SECTION 4; 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 SOUTH JACKSON WAY CONTRACTUAL
ASSESSMENT DISTRICT NO. 2016-1, DISTRICT PROJECT NO. 6602
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;
• 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 voluntary nature of the CAD program means that only property owners who choose
to participate will have assessments placed on their property.
CEQA: Staff has concluded that this project, which is the creation of an assessment
district and approval of a sewer extension 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.
Approval of this project will establish the Board of Directors' independent finding that
this project is exempt from CEQA.
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POSITION PAPER
Board Meeting Date: APRIL 7, 2016
Subject' CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION CONFIRMING
COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID,
SECTION 4; 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 SOUTH JACKSON WAY CONTRACTUAL
ASSESSMENT DISTRICT NO. 2016-1, DISTRICT PROJECT NO. 6602
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.
FINANCIAL IMPACTS: The estimated total sewer main extension project cost is
$333,867. This money will be paid back to the District from CAD participants within 10
years. The fiscal year 2015-16 Capital Budget includes $100,000 for CAD projects. The
Collection System program currently has $260,000 in the contingency account to cover
the remaining $233,867 of the project cost.
COMMITTEE RECOMMENDATION: On December 9, 2015, the Board Engineering
and Operations Committee recommended approval of the Resolution of Intent for this
CAD.
RECOMMENDED BOARD ACTION: Conduct a public hearing. 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:
• 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 South Jackson
Way CAD No. 2016-1 participants.
Attached Supportinq Document(s):
1. Approved Boundaries of South Jackson Way Contractual Assessment District No. 2016-1
(Figure 1)
2. Summary of Sewer Main Extension and Other Costs That Could Be Financed Under South Jackson
Way CAD No. 2106-1 (Exhibit 1)
3. Proposed Resolution Confirming Compliance with California Constitution, Article XIID, Section 4,
South Jackson Way Contractual Assessment District No. 2016.1 (Exhibit 2)
4. Proposed Resolution Approving Engineer's Report and Assessment and Ordering Improvement,
South Jackson Way Contractual Assessment District No. 2016.1 (Exhibit 3)
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ATTACHMENT 1
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SOUTH JACKSON WAY
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NO. 2016-1
EXHIBIT 1 ATTACHMENT 2
SUMMARY OF SEWER MAIN EXTENSION AND OTHER COSTS
THAT COULD BE FINANCED UNDER
SOUTH JACKSON WAY CAD NO. 2016-1
Construction — Sewer main extension $260,987
Engineering 50,880
District Services 22,000
TOTAL $333,867
Based on these costs, the project cost per parcel (with 22 parcels participating) would
be $15,176. If financed for 10 years at 6.00% per annum on the property tax roll, the
annual assessment would be $2,040.
EXHIBIT 2 ATTACHMENT 3
RESOLUTION NO. 2016 - 012-
RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4
SOUTH JACKSON WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 2016-1
The Board of Directors of the Central Contra Costa Sanitary District resolves:
1. The Board set 2 PM on April 7, 2016, 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. 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
the District, which notice contained a ballot whereby each owner could indicate
support or opposition to the proposed assessment.
3. At the time and place for which notice was given, the Board of Directors
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. 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 April 2016, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
AYES: Members:
NOES: Members:
ABSENT: Members:
Tad J. Pilecki
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
EXHIBIT 3 ATTACHMENT 4
RESOLUTION NO. 2016 -0/ 3
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
SOUTH JACKSON WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 2016-1
The Board of Directors (Board) of the Central Contra Costa Sanitary District (District)
resolves:
This Board has taken a series of actions preliminary to ordering the improvement in the
South Jackson Way Contractual Assessment District (CAD) No. 2016-1, Central Contra
Costa Sanitary District, Contra Costa County, California, and now makes the following
findings and orders:
1. 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
Thomas Brightbill, Senior Engineer, 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 1,187 linear feet of
sanitary sewer line, together with appurtenant work and facilities
located at North Jackson Way, Jackson Way, Linden Ct. and
South Jackson Way, Alamo, California.
3. After completion of construction of the improvements, the District shall levy a
contractual assessment upon participating parcels within the described South
Jackson Way Contractual Assessment District No. 2016-1 in accordance with the
CAD 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 South Jackson Way Contractual Assessment
District No. 2016-1. 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 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 CAD, the improvements
and the extent of the CAD.
Resolution No. 2016 — 4!3
South Jackson Way CAD No. 2016-1
Page 2 of 3
6. The Board further finds that the total value of the ballots submitted opposing the
proposed CAD did not exceed the value of the ballots submitted in favor of the
CAD and therefore a majority protest does not exist.
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.
Number
Document or Event Date or Action
a. Resolution of Intention 1/7/2016 2016-001
b. Resolution Approving Boundary Map 1/7/2016 2016-002
c. Boundary Map Filed with County Recorder pending --
e. Affidavit of Publication of Notice of Improvement 1/21/2016 --
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 CAD 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 Finance Administrator 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. 2016 - 013
South Jackson Way CAD No. 2016-1
Page 3 of 3
PASSED AND ADOPTED this 7th day of April 2016, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
AYES: Members:
NOES: Members:
ABSENT: Members:
Tad J. Pilecki
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