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HomeMy WebLinkAbout07. Approve revisions to Board Policy No. BP 010 - Contractual Assessment Districts Page 1 of 4 Item 7. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: APRIL 21, 2022 SUBJECT: APPROVE REVISIONS TO BOARD POLICY NO. BP 010 - CONTRACTUAL ASSESSMENT DISTRICTS SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Changes to Board policies require Board approval. The Board is asked to consider acceptance of a minor update that would amend the referenced Board Policy. BACKGROUND Staff brought before the Administration Committee the aforementioned Board policy for a biennial review. The Administration Committee recommended a minor revision to the policy. When revisions are recommended, the Board Policy is brought before the full Board for consideration, which is hereby attached and shown in a strikeout version. ALTERNATIVES/CONSIDERATIONS The Board could choose not to adopt the proposed revisions or provide other direction to staff. FINANCIAL IMPACTS None. April 21, 2022 Regular Board Meeting Agenda Packet- Page 35 of 135 Page 2 of 4 COMMITTEE RECOMMENDATION The Administration Committee reviewed the proposed changes at its April 12, 2022 meeting and recommended Board approval. RECOMMENDED BOARD ACTION Approve the proposed revisions to Board Policy BP 010 - Contractual Assessment Districts. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation ATTACHMENTS: 1. Proposed Revisions to BP 010 (strikethrough) April 21, 2022 Regular Board Meeting Agenda Packet- Page 36 of 135 Page 3 of 4 Number: BP 010 Authority: Board of Directors Effective: January 7, 1999 Revised: February X2001 September 5, 2AA� p - V Gtoher 4, 2012, O tober 26, 2ncv��ehF icrn aur�, 201 April 21, 2022 Reviewed: "MarGh 3, 220 April 12, 2022 CENTRALSAN Initiating Dept./Div.: Engineering/Planning & Development Services BOARD POLICY CONTRACTUAL ASSESSMENT DISTRICTS PURPOSE To encourage residential property owners to connect to the public sewer system. The Contractual Assessment District (CAD) program provides financial assistance to small groups of homeowners, often with inadequate septic tank systems, so that they may extend the public sewer system to serve their properties. The CAD program is intended for residential properties, primarily owner-occupied, and not commercial properties. POLICY This policy statement establishes the criteria for formation of CAD projects. Nothing in this policy is intended to bind Central San to continue with the program for any predetermined time period, nor does it create any right or entitlement in favor of potential program participants. The Board may consider technical, economic, staffing, budgetary, environmental and other factors in its consideration of whether to form a CAD. FUNDING CAD proponents are required to hire an engineer and pay the initial engineering costs for the design of the improvements. Upon approval of the CAD by the Board of Directors, funding for construction and inspection of the sewer improvements and reimbursement of reasonable initial engineering costs will be provided by Central San. This money is repaid by participating property owners, either in a lump sum at the completion of construction or in 10 annual installments. The annual installments include a nominal interest rate, are secured by a lien on the property, and are collected on the property tax bill. Subsequent participants who connect to the sewer main within 20 years repay their share of the CAD costs to the other participants at the time of connection. April 21, 2022 Regular Board Meeting Agenda Packet- Page 37 of 135 Page 4 of 4 Number: BP 010 CONTRACTUAL ASSESSMENT DISTRICTS POLICY STATEMENT Page 2 of 2 LEGAL CADs are formed pursuant to Streets and Highways Code Section 5898, et seq. While the State Legislature has found that CADs are voluntary, imposed pursuant to an agreement and are not subject to Proposition 218, Central San will not proceed with a CAD formation if a majority of ballots, weighted by the proposed assessment, are submitted in protest of the project. FORMATION CRITERIA In order to be eligible for participation in Central San's CAD assessment financing program, the proposed mainline sewer extension project must meet the following criteria: 1. A minimum of five- three properties must be directly tributary to the proposed CAD facilities. 2. A minimum of 60 percent of the properties directly tributary to the proposed CAD facilities must have existing homes served by septic tank systems. 3. A participant parcel may not have more than two dwellings to participate in a CAD. [Original retained by the Secretary of the District] April 21, 2022 Regular Board Meeting Agenda Packet- Page 38 of 135