HomeMy WebLinkAbout03.q. RESOLUTION ESTABLISHING JULY 15, 2010 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2010-1Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
~`~ - POSITION PAPER
eoard Meeting Date: June 17, 2010 No.: 3.q. Consent Calendar
Type of Action: SET HEARING DATE
Subject: ADOPT A RESOLUTION ESTABLISHING JULY 15, 2010 AS THE DATE
FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF
SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2010-1
Submitted By: Initiating Dept./Div.:
Russell B. Leavitt, Engineering Assistant III Engineering/Environmental Services
REVIEWED AND RECOMMENDED F~BOARD ACTION:
R. Leavitt . Mestetsky / A. Farrell K. Alm ames M. Kelly
C. Swanson eneral Manager
ISSUE: A public hearing is required to establish the Sunnybrook Road Contractual
Assessment District (CAD) No. 2010-1. 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 July 15, 2010 as the date for a
public hearing regarding Sunnybrook CAD No. 2010-1 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 Sunnybrook Road CAD
would commit the District to finance up to $158,900 in sewer improvements, which
would be repaid by property owners.
ALTERNATIVES/CONSIDERATIONS:
Select a later date for the public meeting -This would delay the CAD
proceedings, sihce the holding of a public hearing is required by law.
2. No action by the Board - No 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 May 6, 2010, the Board of Directors adopted a resolution of
intention to create Sunnybrook Road CAD No. 2010-1 for the purpose of installing
sewer improvements on Sunnybrook Road in Alamo. The proposed Sunnybrook Road
CAD No. 2010-1 complies with the CAD policy approved at the February 1, 2001 Board
of Directors meeting. Sixteen properties could be served by a Sunnybrook Road CAD
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POSITION PAPER
Board Meeting Date: June 17, 2010
subject: ADOPT A RESOLUTION ESTABLISHING JULY 15, 2010 AS THE DATE FOR
A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF SUNNYBROOK
ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2010-1
public sewer. 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 (Attachment 1), which, if adopted, will set the date of the public hearing for
July 15, 2010.
RECOMMENDED BOARD ACTION: Adopt a resolution establishing July 15, 2010 as
the date for a public hearing to consider the establishment of Sunnybrook Road
Contractual Assessment District No. 2010-1, pursuant to California Constitution, Article
XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24.
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RESOLUTION NO. 2010-
RESOLUTION SETTING HEARING OF PROTESTS ON
SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT
(CAD NO. 2010-1)
WHEREAS, on May 6, 2010, this Board of Directors adopted Resolution 2010-23 expressing the
intent of the District to proceed with the Sunnybrook Road Contractual Assessment District (CAD)
No. 2010-1 for the purpose of installing sewer improvements on Sunnybrook Road in Alamo, CA; and
WHEREAS, at the direction of this Board of Directors, Curtis W. Swanson, Environmental Services
Division Manager, as Engineer of Work for improvement proceedings for Sunnybrook Road CAD No.
2010-1, Central Contra Costa Sanitary District, Contra Costa County, California, has prepared a
report described in Section 5898.22 of the Streets and Highways Code (Municipal Improvement Act
of 1911); and
WHEREAS owners of each affected parcel will be 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 July 15, 2010 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 Sunnybrook 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.
PASSED AND ADOPTED this 17'" day of June 2010, by the Board of Directors of the Central Contra
Costa Sanitary District by the following votes:
AYES: Members:
NOES: Members:
ABSENT: Members:
Michael R. McGill
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm
District Counsel