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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 09/15/2010East Val ley Water District NOTICE Board of Directors SPECIAL MEETING AND PUBLIC HEARING September 15, 2010 6:00 P.M. DONAHUE COUNCIL CHAMBERS 27215 BASELINE HIGHLAND, CA. 92346 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Public Comments - Under this item, any member of the public wishing to directly address the Board on any item of interest that is within the subject matter jurisdiction of the Board, but not listed on the agenda, may do so at this time. However, the Board is prohibited by law from taking any action on any item not appearing on the agenda unless the action is otherwise authorized by the Brown Act. Any member of the public wishing to directly address the Board on any item listed on the agenda may do so when the item is being considered by the Board. Speakers are requested to be brief in their remarks. The Board President may limit each speaker to a comment period of five (5) minutes. 4. Open Public Hearing - Discussion and Possible Action Regarding the Formation of the Eastwood Farms Assessment District a. Staff Presentation b. Process for Conducting Assessment Ballot Proceedings C. Public Testimony d. Last Call for Submission of Ballots 5. Close Public Hearing 6. Opening/Tabulation of Ballots - Charles Roberts, Highland Community News 7. Announcement of Ballot Results 8. Consideration and Possible Adoption of Resolution No. 2010.23 Approving the Formation of the Eastwood Farms Assessment District 9. Adjourn Pursuant to Government Code Section 54954.2(a), any request for a disability- related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District's Administrative Assistant at (909) 885 -4900 at least 24 hours prior to said meeting. RESOLUTION NO. 2010.23 A RESOLUTION OF INTENTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT APPROVING THE FORMATION OF THE EASTWOOD FARMS ASSESSMENT DISTRICT WHEREAS, the Board of Directors of the East Valley Water District ("EVWD") finds: A. EVWD is formed and organized pursuant to the County Water District Law, California Water Code Section 30000 et seq. B. The Eastwood Farms Community Water Users ( "EFCWU ") is a private corporation organized and operating as a nonprofit organization under the laws of the State of California. EFCWU's service area is within the jurisdictional boundaries of EVWD. C. EFCWU's water system consists of a well, booster pump, and various types of piping that are inoperable and /or not in compliance with the legal standards enforced by the State of California Department of Public Health and /or the County of San Bernardino Department of Environmental Health Services ( "the Water System "). As a result, EFCWU's shareholders are currently receiving domestic water service by virtue of an emergency connection to EVWD's water distribution system. D. EFCWU's shareholders formally requested that EVWD permanently assume the operation and control of the Water System and that the properties served thereby become part of EVWD's official service area. E. EVWD agreed to consider said proposal if outside funding can be obtained to replace the Water System and a majority of the shareholders of EFCWU consent to the financing mechanism deemed appropriate by EVWD to repay the costs thereof. 1 F. On behalf of EFC'WU, EVWD submitted an application for construction monies from the Safe Drinking Water State Revolving Fund ("the Fund ") for the purpose of securing revenue to be used for the construction of facilities necessary ro bring the Water System into a condition deemed appropriate by EVWD to assume the operation and control thereof ( "the Project "). G. On or about January 12, 2010, EVWD's Board of Directors adopted a Mitigated Negative Declaration for the proposed Project pursuant to the ('alifornia Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the Guidelines promulgated thereunder (14 California Code of Regulations Section 15000 et seq.). H. On or about April 16, 2010, EVWD and EFCWU entered into a Notice of Application Acceptance issued by the State of California Department of Water Resources on or about April 5, 2010, for Project No. 3600100 -003. wherein the Fund would provide a construction loan in the amount of $264.440.00 ( "the Loan ") and a construction grant in the amount of $1,057,756.00 ( "the Grant "), for a total contribution by the Fund of $1,322,196.00 to be applied to the cost of the Project, the total price of which is currently estimated to be the sum of $2,271,399.30. I. In order to repay the Loan and reimburse EVWD tor the portion of the Project costs not covered by the Fund, EVWD intends to initiate proceedings to form the Eastwood Farms Assessment District ( "EFAD ") in accordance with California law and the terms and conditions contained herein. J. On July 27, 2010. EVWD's Board of Directors adopted Resolution No. 2010.11 which authorized the initiation of proceedings to form the Eastwood Farms Assessment District ( "EFAD ") in accordance with California law to repay the Loam and reimburse EVWD for the 2 porn:ion of the Project costs not covered by the Fund. K. On or about July 30, 2010, EVWD caused a Notice of Public Meeting and Public Hearing ( "the Notice ") and Official Ballots ( "Ballots ") to be delivered to the records owners) of each parcel within the EFAD as determined from the last equalized property tax roll as set forth in the Water System Improvement Project report prepared by W.J. McKeever, Inc., and William J. McKeever, a registered professional engineer certified by the State of California ( "the McKeever Report"), a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. L. On August 24, 2010, the EVWD Board of Directors conducted a public meeting on the proposed EFAD. M. On September 15, 2010, the EVWD Board of Directors conducted a public hearing on the proposed EFAD and heard all public testimony offered in connection therewith and accepted all Ballots returned to EVWD until the close of the public hearing. At the conclusion of the hearing, Charles Roberts from the Highland Community News, an impartial person designated by EVWD who does not have a vested interest in the outcome of the proposed assessment, completed tabulation of all Ballots, including those received during the public hearing, and reported the findings contained in Exhibit "B" attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of EVWD does hereby determine and order as follows: SECTION 1. Compliance with Law. The assessment ballot proceedings conducted by EVWD, including but not limited to the Notice, the Ballots (and the tabulation thereof), and the mariner in which the public meeting and public hearing were held, were performed in substantial 3 compliance with Articles XIIIC and XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act (Senate Bill 919), and EVWD Resolution No. 2010.11. SECTION 2. Engineer's Report. The McKeever Rep(irt adequately addresses all of the matters required by EVWD Resolution No. 2010.11 and is hereby accepted and approved. SECTION 3. Project Special Benefit. Subject to Section 4 of this Resolution, the Project is hereby approved. The Project will provide a "special benefit" (within the meaning of EVWD Resolution No. 2010.11) to the properties within the EFAD. SECTION 4. EFAD. Subject to full and complete satisfaction by EVWD and EFCWU of all requirements and conditions necessary to secure the Loan and the Grant, each of the following is also approved and adopted: A. No Majority Protest. Based upon the tabulations attached hereto, a "majority protest" to the proposed EFAD did not exist since the Ballots submitted against the assessment did not exceed the Ballots submitted in favor of the assessment, weighted according to the proportional financial obligation of the affected property. B. Assessment District Formation. The F:FAD is hereby formed for the purpose of repaying the Loan and reimbursing EVWD for any portion of the proposed Project costs not covered by the Fund. The exterior boundaries of the EFAD and the properties included within the EFAD are described in the McKeever Report. C. Levy of Assessment. The repayment of the Loan and the reimbursement of any Project costs paid by EVWD shall be accomplished by vi -tue of a levy of an assessment on each property within the EFAD in the amounts and upon the terms set forth in the McKeever Report. 4 D. Amount of Assessment. The amount of each assessment is proportional to and no greater than the special benefits conferred on the property by the Project. E. Collection of Assessment. The General Manager of EVWD is hereby authorized to perform all acts necessary to cause said assessments to be levied and collected in accordance with California law. SECTION 5. Payment of Unfunded Project Costs. The General Manager of EVWD is hereby authorized to pay the portion of the Project costs not covered by the Fund from such treasury account as may be designated by EV WD's Board of Directors. SECTION 6. Disposal of Surplus Funds. If any surplus monies derived from the EFAD remain in the improvement fund after completion of the Project, said monies shall be disposed of in a manner deemed appropriate by EV WD's Board of Directors. ADOPTED this 15`h day of September, 2010. ROLL CALL AYES: NOES: ABSTAIN: ABSENT: George E. Wilson, President ATTEST: Robert E. Martin, Secretary Attachments: Exhibit "A" - Preliminary Project Report Exhibit "B" - Final Tabulation of Ballots 5