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Home My WebLink About03.g. Request LAFCO initiate proceedings re District's mutual Sphere of Influence with Mt. View Sanitary District in MartinezCentral Contra Costa Sanitary District I BOARD OF DIRECTORS S.q POSITION PAPER Board Meeting Date: December 6, 2012 subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE PROCEEDINGS TO AMEND THE DISTRICT'S MUTUAL SPHERE OF INFLUENCE WITH THE MT. VIEW SANITARY DISTRICT IN ONE AREA OF INCORPORATED MARTINEZ (DISTRICT REORGANIZATION 182) Submitted By: Initiating Dept. /Div.: Russ Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: i t-fi-- Leavitt T. Brightbill J. M moto -Mills K. Alm nn E. Farrell General Manager ISSUE: A Board of Directors' Resolution of Application is required to initiate formal Local Agency Formation Commission ( LAFCO) Sphere of Influence (SOI) change proceedings. RECOMMENDATION: Adopt a Resolution of Application to initiate LAFCO SOI change proceedings for one area in incorporated Martinez designated as District Reorganization 182. FINANCIAL IMPACTS: The District incurs costs to prepare SOI change applications and pays fees to LAFCO for SOI amendment processing. These costs are recovered when affected properties connect to public sewers. ALTERNATIVES /CONSIDERATIONS: The Board could decline to initiate the SOI change for the area which would require that the property owners apply directly to LAFCO. BACKGROUND: The District (CCCSD) and Mt. View Sanitary District (MVSD) have concluded that it would be appropriate to change the mutual SOI boundary between the two districts to include nine properties on Northridge Road and Kendall Court in Martinez within CCCSD. Area property owners have contacted CCCSD about receiving sewer service. CCCSD has some sewers nearby, but learned that the properties were currently within MVSD's SOI. CCCSD and MVSD staff met and identified which neighborhood properties each agency could most efficiently serve. The determinations were based on the location of existing facilities and prior commitments made by MVSD to serve areas they want to retain in their SOI. As a result of that discussion, the nine subject properties were identified as being best served by CCCSD in the future. All of the properties involved in the SOI change are either vacant, single lots or single family residences on septic systems, and all are within the County Urban Limit Line. The SOI determination by LAFCO precedes annexation. Once the SOI is changed from MVSD to CCCSD, CCCSD would proceed with an application to annex the nine properties to CCCSD. The general location of the SOI change area is shown on Attachment 1. N: \ENVRSEC \Position Papers \Leavitt\2012 \12- 6 -12 \PP DR 182 SOI Amend 12 -6 -12 Final.doc Page 1 of 3 POSITION PAPER Board Meeting Date: December 6, 2012 subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE PROCEEDINGS TO AMEND THE DISTRICT'S MUTUAL SPHERE OF INFLUENCE WITH THE MT. VIEW SANITARY DISTRICT IN ONE AREA OF INCORPORATED MARTINEZ (DISTRICT REORGANIZATION 182) Staff has drafted a Resolution of Application to request that LAFCO initiate SOI change proceedings for one area. The area is in incorporated Martinez and is described below: • District Reorganization Area 182 -2 proposes to change CCCSD's SOI to include six (6) single family homes and three (3) vacant parcels on Northridge Road and Kendall Court. District staff has concluded that the change in the CCCSD /MVSD mutual SOI proposed for each affected property is exempt from CEQA, under District CEQA Guidelines Section 15319, since each action would involve an SOI change affecting an existing lot for existing or exempt facilities. Adoption of the recommended resolution will establish the Board of Directors' independent finding that the SOI change for each affected property within District Reorganization Area 182 -2 is exempt from CEQA under District CEQA Guidelines Section 15319. RECOMMENDED BOARD ACTION: Adopt a Resolution of Application requesting that LAFCO initiate proceedings to amend the District's mutual SOI with MVSD, including the finding that the SOI change proposed for each affected property within District Reorganization Area 182 -2 is exempt from CEQA under District CEQA Guidelines Section 15319. N: \ENVRSEC \Position Papers \Leavitt\2012 \12- 6 -12 \PP DR 182 SOI Amend 12 -6 -12 Final.doc Page 2 of 3 o zoo aoo FEET LEGEND: District Boundary Current SOI t Central Contra Cost Sanitary Distri Attachment 1 MVSD CCCSD 1; OM-S CCCSD Annexation Area 182 -2 SOI Addition District Reorganization 182 -2 Sphere of Influence (SOI) Amendment Attachment 1 N: \ENVRSEC \Position Papers \Leavitt\2012 \12- 6 -12 \PP DR 182 SOI Amend 12 -6 -12 Final.doc Page 3 of 3 RESOLUTION NO. 2012 — A RESOLUTION OF APPLICATION BY THE CENTRAL CONTRA COSTA SANITARY DISTRICT REQUESTING THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS TO AMEND THE MUTUAL SPHERE OF INFLUENCE BETWEEN CCCSD AND THE MT. VIEW SANITARY DISTRICT (DISTRICT REORGANIZATION 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 proposed change of the Sphere of Influence (SOI) consists of one (1) "single area" adjacent to existing CCCSD and Mt. View Sanitary District (MVSD) boundaries, as shown on the maps attached hereto as Exhibit A is designated thereon as proposed SOI amendments to District Reorganization Area 182 -2 and; said Exhibit shall be incorporated herein by this reference; and WHEREAS, the amendment to the SOI is proposed for the following reasons: 1. The properties affected by District Reorganization Areas 182 -2 is currently within the MVSD SOI; 2. The changes proposed for District Reorganization Area 182 -2 will adjust the mutual CCCSD /MVSD SOI to be coincident with existing parcel boundaries, creating a logical SOI boundary; 3. CCCSD requires that all served properties annex to CCCSD (CCCSD Standard Specifications Section 3 -04) and in order to be annexed each area must be included within CCCSD's SOI; 4. CCCSD will assume responsibility, upon annexation, for maintenance and operation of public sewer facilities required to provide service within the area proposed for annexation to CCCSD; 5. CCCSD staff met with MVSD staff and agreed that CCCSD can more reasonably serve the area; 6. No other sewering agency can reasonably serve the area; and 7. All of the affected properties are within the Contra Costa County Urban Limit Line. Central Contra Costa Sanitary District Resolution No. 2012 - Page 2 of 3 WHEREAS, the area affected by the proposed SOI amendments are uninhabited (i.e., fewer than twelve (12) registered voters reside therein); WHEREAS, if the District Reorganization were approved, all of the provisions of the CCCSD Code would become applicable to the properties annexed to CCCSD including the requirement that annexation charges be collected at the time of connection to the public sewer system; and WHEREAS, CCCSD staff has concluded that the change in the CCCSD /MVSD mutual SOI proposed for each affected property is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15319, since each action would involve an SOI change affecting an existing lot for existing or exempt facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Board) as follows: THAT CCCSD staff is directed to submit this Resolution of Application requesting that the Contra Costa Local Agency Formation Commission (LAFCO) initiate District Reorganization proceedings to amend the mutual SOI between CCCSD and MVSD in one (1) area as shown on Exhibit A and designated thereon as proposed District Reorganization Area 182 -2, as authorized and in the manner required under the Cortese - Know - 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 District Reorganization Area; 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 Board's independent finding that the SOI change proposed for each affected property within District Reorganization Area 182 -2 are exempt from CEQA under District CEQA Guidelines Section 15319; and THAT staff is directed to file any necessary CEQA notices and /or documents with Contra Costa County; Central Contra Costa Sanitary District Resolution No. 2012 - Page 3 of 3 PASSED AND ADOPTED this 6th day of December, 2012, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: NOES: ABSENT Members: Members: Members: James A. Nejedly 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