Loading...
HomeMy WebLinkAbout08. Adopt Resolution of Intention No.2023-033 to initiate the formation of the Upper Cordell Drive Contractual Assessment District (CAD) NO.2023-2 and Resolution No. 2023-034 approving the boundary for the proposed CAD and fnd the project exempt from CEQDCENTRALSAN MEETING DATE: SEPTEMBER 21, 2023 BOARD OF DIRECTORS POSITION PAPER Page 1 of 10 Item 8. SUBJECT: ADOPT (1) RESOLUTION OF INTENTION NO. 2023-033 TO INITIATE THE FORMATION OF THE UPPER CORDELL DRIVE CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2023-2 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS ON CORDELL DRIVE IN DANVILLE, (2) RESOLUTION NO. 2023-034 APPROVING THE BOUNDARY FOR THE PROPOSED CAD; AND (3) FIND THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITYACT SUBMITTED BY: INITIATING DEPARTMENT: RUSS LEAVITT, ENGINEERING ASSISTANT ENG -PDS -DIVISION MANAGER III REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER GREG NORBY, DEPUTY GENERAL MANAGER - OPERATIONS Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Approval of a Resolution of Intention by the Board of Directors is required as the first step in the formation of CAD No. 2023-2 approving the boundary for the proposed CAD. BACKGROUND Owners of properties at the upper end of Cordell Drive in Danville have expressed an interest in forming a CAD in order to design and construct a 380 -foot extension of the public sewer system to serve their September 21, 2023 Special Board Meeting Agenda Packet - Page 39 of 174 Page 2 of 10 properties. The location and boundary of the proposed CAD is shown on Attachment 1. The CAD Formation Process The following Board actions are required to create a CAD: First Board Meeting — The Board of Directors passes a Resolution of Intention to form the CAD and approves a CAD boundary map. Following the passage of the Resolution of Intention, the participating property owners work with their Engineer to complete improvement plans and secure bids to construct the project. Central San staff prepares an Engineer's Report. Staff also prepares and mails notices and ballots to owners of all parcels which can connect to the project. Under State Law, the CAD is a voluntary agreement which is not subject to Proposition 218; Central San's policy and procedure is to follow the notification and balloting process described in Proposition 218 to the extent possible. Second Board Meeting — A public hearing is held to receive input and comments. Following the public hearing, ballots are tabulated. If there is sufficient property owner support, the Board of Directors may approve the Engineer's Report, approve the assessments, and order the construction of the improvements. Following the order to construct the improvements, the participating property owners retain a contractor to construct the sewer improvements. Central San inspects the construction of the sewer improvements to confirm that the construction conforms to Central San's Standards and Specifications. Third Board Meeting — The Board of Directors approves the final assessment amounts and the levy of the assessments. Key Features of the CAD Program The following are key features of the CAD program: 1. The CAD program creates voluntary assessment districts based on a contractual assessment process. Participating property owners sign a contract with Central San, agreeing to pay back funds initially provided by Central San to cover the design and construction of the infrastructure. 2. The source of funds to cover the assessment district costs are ad valorem tax revenues which are deposited each year in Central San's Sewer Construction Fund. 3. Central San's assessment district formation criteria include the requirement of at least three properties directly tributary to a proposed CAD facility; a minimum of 60 percent of those properties having existing homes served by septic tank systems; no more than two dwellings per Participant Parcel; and persons owning multiple parcels may finance only one parcel through the CAD. This proposed CAD has five unsewered properties that would be directly tributary properties, all homes are on septic, no property has more than two dwellings, and no persons own more than one parcel. The proposed CAD, therefore, complies with all of the terms set forth in the revised Board Policy 010, Contractual Assessment Districts, approved at the April 21, 2022 Board of Directors meeting. 4. The obligation to pay assessments are recorded as a lien against the property. Participants are September 21, 2023 Special Board Meeting Agenda Packet - Page 40 of 174 Page 3 of 10 given the option to pay off their assessment within one month of the assessment being set or are allowed to amortize the debt through payments on their property tax bills. 5. The amortization period for paying back funds to Central San is ten years with no interest penalty for early payoff. 6. The CAD offers financing for the property owner's share of the sewer main extension design and construction costs, including the portion of a private lateral sewer located in the street. Other connection costs excluded from CAD financing are included in the Septic to Sewer financing program, such as the cost of installing the lateral sewer on a participant's property, abandoning an existing septic tank, and Central San's capacity fee and other fees. 7. CAD participants are responsible for the non -participants share of the costs of the CAD facilities. Central San will establish reimbursement fees, which will be collected from non -participant parcels at the time of connection to the public sewer system. The reimbursement fees will be used to first reduce the outstanding assessments of the CAD participants, and any remaining reimbursement fees will be distributed to the CAD participants. California Environmental Quality Act (CEQA) Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) since it can be "seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment." This certainty is based on Central San's past experience with numerous sewer construction projects of this nature, the relatively short distance involved, and the impact -limiting nature of Central San's construction specifications that would be required of the project. Approval of this project will establish the Board of Directors independent finding that this project is exempt from CEQA. ALTERNATIVES/CONSIDERATIONS Reject or defer initiating formation of the CAD. These actions would halt or delay the CAD proceedings. FINANCIAL IMPACTS The CAD program is structured so that the design and construction costs are all paid by the property owners. There are minor administrative costs for initiating the formation of a CAD. These costs eventually will be paid by the CAD participants if a CAD is actually formed. The estimated total costs for this CAD are $120,000. Staff believes that adequate funding exists within the existing Fiscal Year 2023-24 Capital Improvement Budget. A new District project will be created upon approval of the Resolution of Intention for this CAD. As noted above, the project is still dependent on approval of the participating property owners as outlined in Board Policy 010, Contractual Assessment District. Upon property owner approval, the engineer's estimate of proposed construction costs will be submitted to the Board of Directors for approval. COMMITTEE RECOMMENDATION The Engineering and Operations Committee reviewed this item at its September 11, 2023 meeting and recommended approval. September 21, 2023 Special Board Meeting Agenda Packet - Page 41 of 174 Page 4 of 10 RECOMMENDED BOARD ACTION Staff recommends the following: A. Find the project exempt from CEQA; and B. Authorize formation of a CAD consisting of five properties on Cordell Drive in Danville by: 1. Adopting a Resolution of intention to create Cordell Drive CAD No. 2023-2 for the purpose of installing sewer improvements (Attachment 2); and 2. Adopting a Resolution approving the boundary of the assessment district (Attachment 3). Strategic Plan re -In GOAL ONE: Customer and Community Strategy 1— Deliver high-quality customer service, Strategy 2 - Promote initiatives to advance affordable and equitable access to services ATTACHMENTS: 1. Proposed CAD Boundary Map 2. Proposed Resolution to Initiate CAD Formation 3. Proposed Resolution Approving Boundary Map September 21, 2023 Special Board Meeting Agenda Packet - Page 42 of 174 Page 5 of 10 Proposed Boundaries of Upper Cordell Drive Contractual Assessment District No. 2023-2 Map Date: 8/10/2023 Alamo Ot A 30'0 3�9 \ 396 30'I \ 396 i Kuss Rd \ * Potential Participant \ O Existing Sewer Structure Potential CAD Sewer Main Note: Existing Sewer Main Parcel A is already connected to �� CAD Area 00 Kirkcrest Rd sewer. i Note: 0 200 Map Displayed in North American Datum of 1983 rAttaclhment Central San data as of August, 2023. Feet California State Plane, Zone III FIPS 0403, US Feet September 21, 2023 Special Board Meeting Agenda Packet - Page 43 of 174 Page 6 of 10 Attachment 2 RESOLUTION NO. 2023-033 A RESOLUTION OF INTENTION BY THE CENTRAL CONTRA COSTA SANITARY DISTRICT TO CREATE UPPER CORDELL DRIVE CONTRACTUAL ASSESSMENT DISTRICT NO. 2023-2 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS WHEREAS, the public health and the environment will be best protected by the expansion of the public sewer system; and WHEREAS, the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system will facilitate the elimination of potential public health problems due to failing septic systems; and WHEREAS, it would be convenient and advantageous to establish a boundary around an area within which Central Contra Costa Sanitary District (Central San) and property owners may enter into contractual assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. THEREFORE, the Board resolves that: Central San intends to approve the following improvements under the authority of Chapter 29, Contractual Assessment Districts, of the Municipal Improvement Act of 1911, as amended, to wit: construction and installation of approximately 380 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Cordell Drive in Danville, California. 2. Central San finds that the parcels within the intended CAD are shown within the boundaries of the map entitled, "Proposed Boundaries of Upper Cordell Drive CAD No. 2023-2." 3. Central San intends to levy a special assessment upon participating parcels within the described CAD in accordance with the special benefit to be received by each parcel of land, respectively, from the improvements. The improvements proposed will not confer any special benefit upon any publicly owned land. Hence, there shall be omitted from special assessment all public streets, alleys, and places and all land belonging to the United States, the State of California, Contra Costa County, and Central San now in use in the performance of a public function. September 21, 2023 Special Board Meeting Agenda Packet - Page 44 of 174 Page 7 of 10 Central Contra Costa Sanitary District Resolution No. 2023-033 Page 2 of 3 4. Central San intends to provide loan financing for the improvements, subject to the availability of funds and any limitation on the commitment or expenditure of funds for the CAD Program as may be established from time to time by the Board. Loans shall be repaid by assessments on the property of participating parcel owners. Assessments shall be paid over a maximum period of ten (10) years with interest at a rate to be fixed by Central San. 5. The procedure for the collection of assessments will be the placement of assessments on participating parcel owners' tax bills. The first assessments may be placed on owners' tax bills in fiscal year 2024-25. 6. The Board appoints Stephanie Gronlund, Associate Engineer, as Engineer of Work for this project to prepare the report required by Section 5898.22 of the Streets and Highways Code. 7. A public hearing is expected to be held on this matter before the Board of Directors on March 5, 2024, at Central San's Offices at 5019 Imhoff Place, Martinez, California. This date is tentative and may be modified in the future. 8. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." This certainty is based on Central San's past experience with numerous sewer construction projects of this nature, the relatively short distance involved, and Central San's impact -limiting construction specifications that would be required of the project. PASSED AND ADOPTED this 21st day of September 2023 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California September 21, 2023 Special Board Meeting Agenda Packet - Page 45 of 174 Page 8 of 10 Central Contra Costa Sanitary District Resolution No. 2023-033 Page 3 of 3 COUNTERSIGNED: Katie Young, 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 September 21, 2023 Special Board Meeting Agenda Packet - Page 46 of 174 Page 9 of 10 Attachment 3 RESOLUTION NO. 2023-034 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPROVING THE BOUNDARY MAP FOR UPPER CORDELL DRIVE CONTRACTUAL ASSESSMENT DISTRICT NO. 2023-2 BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows that: A map entitled "Proposed Boundaries of Upper Cordell Drive Contractual Assessment District (CAD) No. 2023-2" has been filed with the Secretary of the District. Central San approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Upper Cordell Drive CAD No. 2023-2, Central Contra Costa Sanitary District, County of Contra Costa, California. Central San intends to levy a contractual assessment upon participating parcels within the described CAD in accordance with the benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from assessment, all public streets, alleys, and places and all land belonging to the United States, the State of California, Contra Costa County, and Central San because it has been determined that no special benefit will be conferred on any such land within Central San. Central San finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code The Board of Directors directs the Secretary of the District to certify the adoption of this resolution on the face of the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts. PASSED AND ADOPTED this 21st day of September 2023 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California September 21, 2023 Special Board Meeting Agenda Packet - Page 47 of 174 Page 10 of 10 Central Contra Costa Sanitary District Resolution No. 2023-034 Page 2 of 2 COUNTERSIGNED: Katie Young, 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 September 21, 2023 Special Board Meeting Agenda Packet - Page 48 of 174