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Home My WebLink About02.e. Adopt Resolution of Application re District Annexation 182Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 3, 2011 subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE PROCEEDINGS TO ANNEX NINE ANNEXATION AREAS TO THE DISTRICT (DISTRICT ANNEXATION 182) Submitted By: Initiating Dept. /Div.: Jarred Miyamoto -Mills Engineering /Environmental Services Provisional Division Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: J. amoto -Mills A. Farrell K. Alm James M elly General anager ISSUE: A Board of Directors' Resolution of Application is required to initiate formal Local Agency Formation Commission ( LAFCO) annexation proceedings. RECOMMENDATION: Adopt a Resolution of Application to initiate LAFCO annexation proceedings for nine (9) areas designated as District Annexation 182. FINANCIAL IMPACTS: The District incurs costs to prepare annexation applications and pays fees to LAFCO, the County Surveyor and the State Board of Equalization for annexation processing. Annexation costs are recovered as "annexation charges" when property is connected to the public sewer system. ALTERNATIVES /CONSIDERATIONS: The Board could decline to initiate annexation for these areas, which would require that the property owners apply directly to LAFCO for annexation to the District. BACKGROUND: The owners of four (4) properties in Martinez and Lafayette have either submitted annexation petitions or are already connected to the District's public sewer system. These properties and an additional forty adjacent or surrounding unannexed properties (44 total) were organized into nine (9) "annexation areas" to eliminate "islands" within District boundaries. All of the annexation areas are within the District's Sphere of Influence (SOI). All of the annexation areas are within the County Urban Limit Line. The general location of each annexation area is shown on Attachment 1. CCCSD staff has drafted a Resolution of Application requesting that LAFCO initiate annexation proceedings for the nine (9) areas. These areas are described below: Annexation Area 182 -1 is comprised of three (3) existing single family homes on Venner Road in Martinez. The property at 4800 Venner Road was connected to CCCSD sewers in 2008. WENVRSEMPosition Papers \Miyamoto- Mills\2011 \11- 3 -11 \PP DA 182 Final 11- 3- 11.doc Page 1 of 2 POSITION PAPER Board Meeting Date: November 3, 2011 subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE PROCEEDINGS TO ANNEX ELEVEN ANNEXATION AREAS TO THE DISTRICT (DISTRICT ANNEXATION 182) • Annexation Area 182 -2 is comprised of ten (10) existing single family homes, one (1) existing City of Martinez water tank, and three (3) vacant parcels on Kendall Court and Northridge Road in Martinez. The property at 4870 Kendall Court has petitioned for annexation to CCCSD. • Annexation Area 182 -3 is comprised of two (2) existing single family homes and two (2) vacant parcels on Alhambra Valley Road in Martinez. The home at 4954 Alhambra Valley Road and the home at 4958 Alhambra Valley Road were connected to CCCSD sewers in 2007. • Annexation Area 182 -4 is comprised of one (1) single family home on Alhambra Avenue in Martinez. • Annexation Area 182 -5 is comprised of two (2) existing single family homes on Brookwood Drive in Martinez. • Annexation Area 182 -6 is comprised of seven (7) existing single family homes and two (2) vacant parcels on Carter Acres Lane and Reliez Valley Road in Martinez. • Annexation Area 182 -7 is comprised of eight (8) existing single family homes and one (1) vacant parcel on Toyon Road and Mountain Springs Road in Lafayette. • Annexation Area 182 -8 is comprised of one (1) existing single family home on Toyon Road in Lafayette. • Annexation Area 182 -9 is comprised of one (1) existing vacant parcel on Echo Springs Road in Lafayette. District staff has concluded that annexation of each property in Annexation Areas 182 -1 through 182 -9 (inclusive) is exempt from CEQA under District CEQA Guidelines Section 15319, since each would involve annexation of existing lots for exempt facilities. Adoption of the recommended resolution will establish the Board of Directors' Independent finding that annexation of these properties is exempt from CEQA. RECOMMENDED BOARD ACTION: Adopt a Resolution of Application to initiate LAFCO proceedings for District Annexation 182 including the finding that annexation of each property in Annexation Areas 182 -1 through 182 -9 (inclusive) is exempt from CEQA under District CEQA Guidelines Section 15319. NAENVRSEC \Position Papers \Miyamoto- Mills\2011 \11- 3 -11 \PP DA 182 Final 11- 3- 11.doc Page 2 of 2 RESOLUTION NO. 2011 — 060 A RESOLUTION OF APPLICATION BY CENTRAL CONTRA COSTA SANITARY DISTRICT REQUESTING THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION INITIATE PROCEEDINGS FOR A CHANGE OF ORGANIZATION (DISTRICT ANNEXATION NO. 182) WHEREAS, the Central Contra Costa Sanitary District (CCCSD) proposes to initiate proceedings pursuant to the Cortese- Knox - Hertzberg Local Government Reorganization Act of 2000 for a change of organization; and WHEREAS, the revised annexation proposal consists of nine (9) "single areas" (as defined by the State Board of Equalization) generally adjacent to the existing CCCSD boundary, shown as proposed Annexation Areas 182 -1 through 182 -9 (inclusive) on Attachment 1 hereto, said attachment incorporated herein by this reference, comprising a total of 99.7± acres; and WHEREAS, the change of organization is proposed for the following reasons: 1. Forty -Four (44) unannexed properties in Martinez and Lafayette have been organized into nine separate "annexation areas" to eliminate "islands" within District boundaries and streamline staff work; 2. All of the properties are within the CCCSD Sphere of Influence; 3. All of the properties are within Contra Costa County's Urban Limit Line; 4. One (1) of the properties within the proposed annexation has submitted a petition to be annexed into CCCSD; 5. Three (3) of the parcels within the proposed annexation areas have already been connected to CCCSD public sewers; 6. Upon annexation, CCCSD will assume responsibility for maintenance and operation of public sewer facilities required to provide service to the areas proposed to be annexed; 7. CCCSD requires that properties be annexed to receive CCCSD public wastewater utility service (CCCSD Standard Specifications Section 3 -04); and 8. No other sewering agency can reasonably serve these areas, except for Areas 1 and 2, which could be served by Mt. View Sanitary District, whose boundary is close in proximity to these areas. Resolution No. 2011 — 060 Request to Contra Costa LAFCO To Initiate Annexation Proceedings District Annexation 182 Page 2 of 3 WHEREAS, Contra Costa County is the only affected county (the areas proposed for annexation to CCCSD are in Martinez, Unincorporated Martinez, and Lafayette); and no other sewering agencies are involved; and WHEREAS, the areas proposed for annexation to CCCSD are inhabited (12 or more registered voters reside therein); and WHEREAS, if the annexation were approved, all of the provisions of the CCCSD Code would become applicable to the properties annexed including the requirement that annexation charges be collected at the time of connection to the public sewer system; and WHEREAS, staff has concluded that annexation of each of the properties included in Annexation Areas 182 -1 through 182 -9 (inclusive) is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15319, since each would involve annexation of an existing lot for existing or exempt facilities. NOW, THEREFORE, BE IT RESOLVED by the CCCSD Board of Directors as follows: THAT CCCSD staff is directed to submit this Resolution of Application requesting that the Contra Costa County Local Agency Formation Commission ( LAFCO) initiate annexation proceedings for the nine (9) areas shown on Attachment 1, as proposed Annexation Areas 182 -1 through 182 -9 (inclusive), as authorized and in the manner required under the Cortese - Knox - Hertzberg Reorganization Act of 2000, together with a complete application package including all other required information, geographical descriptions, maps, forms, questionnaires, indemnification agreement, fees, and mailing lists of affected property owners and of registered voters and all other property owners who reside within 300 feet of each of the proposed annexation areas; and THAT it is not the current practice of CCCSD to use its power under Health and Safety Code Section 6520 to compel property owners to connect their properties to the public sewer system involuntarily; and THAT adoption of this resolution will establish the CCCSD Board of Directors' independent finding that annexation of each of the properties shown in Attachment 1 for proposed Annexation Areas 182 -1 through 182 -9 (inclusive) is exempt from CEQA under District CEQA Guidelines Section 15319; and THAT CCCSD staff is directed to file any necessary CEQA documents with Contra Costa County. Resolution No. 2011 — 060 Request to Contra Costa LAFCO To Initiate Annexation Proceedings District Annexation 182 Page 3 of 3 PASSED AND ADOPTED this 3rd day of November 2011, by the Board of Directors of the Central Contra Costa Sanitary District 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 COUNTERSIGNED: Elaine R. Boehme, CIVIC 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 9 s ° W MARTINEZ �F�o 4 9G 3 �Q 1 2 CENTER AVE CHILPANCINGO PKWY Q GOLF CLUB PASO = RD \��FI PLEASANT G9�lF` HILL o CM D N OAK PARK BLVD 0 3000 6000 FEET ce O J GEARY RD II ^I b O 9 c LEGEND: CCSD ANNEXATION AREA E ❑ Central Contra Costa Attachment Sanitary District z LOCATION OF DISTRICT a ' ANNEXATION 182 AREAS 7 0