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Home My WebLink About09.a.1) District Annexation 185-Danville and LafayetteCentral Contra Costa Sanitary District ,q , ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2014 Subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE BOUNDARY REORGANIZATION PROCEEDINGS TO ANNEX SEVEN SEPARATE ANNEXATION AREAS IN DANVILLE AND LAFAYETTE TO CCCSD AND /OR EBMUD (DISTRICT ANNEXATION 185) Submitted By: Initiating Dept. /Div.: Russell B Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: / f T. Brightbill — Senior Engineer t --J i1 L421 D. Gemmell — Environmental Services Division Manager Kent Alm Roger S. Bail 4y Counsel for the Distric General Manager ISSUE: A Resolution of Application is required to request the Contra Costa Local Agency Formation Commission ( LAFCO) to initiate boundary reorganization proceedings. RECOMMENDATION: Adopt a Resolution of Application to initiate LAFCO boundary reorganization proceedings for District Annexation 185, including the finding that annexation of each property in Annexation Areas 185 -1 through 185 -7 (inclusive) is exempt from CEQA under District CEQA Guidelines Section 15319. FINANCIAL IMPACTS: The District incurs costs to prepare annexation applications and pays fees to LAFCO, the County Surveyor, the County Clerk, 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 a boundary reorganization for these areas, which would require that the property owners apply directly to LAFCO for annexation to the District. BACKGROUND: Twenty properties in Danville and Lafayette are either already connected to the District's public sewer system or are unannexed properties that have been organized into seven "annexation areas" to reduce or eliminate "islands" within District boundaries and /or the boundaries of the East Bay Municipal Utility District ( EBMUD). The proposed action is a "boundary reorganization" because it involves annexations to two or more agencies. All of the annexation areas are within the Sphere of Influence (SOI) of the both districts. All but two of the properties (in Area 7) are within the County Urban Limit Line. The two that are outside are already developed and C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP DA 185 6 -19 -14 Final.docx Page 1 of 4 POSITION PAPER Board Meeting Date: June 19, 2014 subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE BOUNDARY REORGINATION PROCEEDINGS TO ANNEX SEVEN SEPARATE ANNEXATION AREAS IN DANVILLE AND LAFAYETTE TO CCCSD AND /OR EBMUD (DISTRICT ANNEXATION 185) receiving both EBMUD water service and CCCSD sewer service. The general location of each annexation area is shown on Attachment 1. Staff has drafted a Resolution of Application requesting that LAFCO initiate boundary reorganization proceedings for the seven areas. These areas are described below: • Annexation Area 185 -1 is comprised of three existing single - family homes and seven undeveloped properties on Tassajara Lane in Danville (CCCSD only). • Annexation Area 185 -2 is comprised of one existing single - family home on Sherburne Hills Road in Danville (CCCSD only). • Annexation Area 185 -3 is comprised of one undeveloped property north of Campbell Place in Danville (CCCSD and EBMUD). • Annexation Area 185 -4 is comprised of one undeveloped property north of Rovigo Ct. in Danville (CCCSD and EBMUD). • Annexation Area 185 -5 is comprised of one undeveloped, EBMUD water tank site south of Diablo Road in Danville (CCCSD and EBMUD). • Annexation Area 185 -6 is comprised of one developed EBMUD water tank on Diablo Road ( EBMUD only). • Annexation Area 185 -7 is comprised of one undeveloped property, one park/road property, one undevelopable access property, one existing single - family residence, and one caretaker unit (for the adjacent Girl Scout camp) on a portion of an East Bay Regional Park District property (CCCSD only). The latter two properties are already connected to the District's public sewer system and are outside the county's Urban Limit Line. District staff has concluded that annexation of each property in Annexation Areas 185 -1 through 185 -7 (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. C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP DA 185 6 -19 -14 Final.docx Page 2 of 4 POSITION PAPER Board Meeting Date: June 19, 2014 subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE BOUNDARY REORGINATION PROCEEDINGS TO ANNEX SEVEN SEPARATE ANNEXATION AREAS IN DANVILLE AND LAFAYETTE TO CCCSD AND /OR EBMUD (DISTRICT ANNEXATION 185) RECOMMENDED BOARD ACTION: Adopt a Resolution of Application to initiate LAFCO boundary reorganization proceedings for District Annexation 185, including the finding that annexation of each property in Annexation Areas 185 -1 through 185 -7 (inclusive) is exempt from CEQA under District CEQA Guidelines Section 15319. Attached Supporting Documents: 1. District Annexation 185 Boundary Reorganization, Areas 1 -7, Danville and Lafayette 2. Proposed Resolution C:\ Users \danderson \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8CSG \PP DA 185 6 -19 -14 Final.docx Page 3 of 4 Attachment 1 tm_� .iii 121-- 0 LWAYEM AAM"up" m v _ p AWIMM O. w. N P o sago t o00o ao FEET LEGEND: p ANNEXATION AREA CCCSD BOUNDARY a S central contra costa DISTRICT ANNEXATION 185 '� Sanitary District BOUNDARY REORGANIZATION, AREAS 1 -7 DANVILLE AND LAFAYETTE C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP DA 185 6 -19 -14 Final.docx Page 4 of 4 RESOLUTION NO. 2014- D 17 A RESOLUTION OF CENTRAL CONTRA COSTA SANITARY DISTRICT REQUESTING THAT THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION INITIATE PROCEEDINGS FOR A CHANGE OF ORGANIZATION (DISTRICT ANNEXATION NO. 185) 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 boundary reorganization proposal consists of annexing seven "single areas," as defined by the State Board of Equalization, generally adjacent to the existing CCCSD and East Bay Municipal Utility District ( EBMUD) boundaries, as shown on Exhibit A as proposed Annexation Areas 185 -1 through 185 -7 (inclusive) and by this reference incorporated herein, comprising a total of 172.2 acres, more or less; and WHEREAS, the change of organization is proposed for the following reasons: Twenty unannexed properties in the Town of Danville and City of Lafayette have been organized into seven separate "annexation areas" to reduce or eliminate "islands" within the CCCSD and EBMUD boundaries and streamline staff work; 2. Two properties within the proposed annexation areas in unincorporated Lafayette have already been connected and are currently receiving service from CCCSD; 3. All of the properties are within CCCSD's Sphere of Influence for sewer service and EBMUD's Sphere of Influence for water; 4. All of the properties are within Contra Costa County's Urban Limit Line, except for the two unincorporated Lafayette properties that are already developed and connected to CCCSD's public sewer system; 5. Upon annexation, CCCSD and EBMUD will assume responsibility for maintenance and operation of public facilities required to provide service to the areas proposed to be annexed; 6. CCCSD and EBMUD require that properties be annexed to receive utility service; and 7. No other sewer or water agency can reasonably serve these areas. Central Contra Costa Sanitary District Resolution 2014 -017 Page 2 of 3 WHEREAS, Contra Costa County is the only affected county (the areas proposed for annexation to CCCSD and EBMUD are in the Town of Danville, the City of Lafayette, and unincorporated Lafayette); and no other sewering or water agencies are involved; WHEREAS, the areas proposed for annexation to CCCSD and EBMUD have fewer than 12 registered voters residing therein and, therefore, are "not inhabited" under LAFCO's criterion); WHEREAS, if the annexation were approved, all of the provisions of the CCCSD Code and EBMUD Regulations Governing Water Service to Customers would become applicable to the properties annexed, including the requirement that annexation charges be collected at the time of connection to the public sewer or water system; WHEREAS, no water service can be provided to the Areas to be annexed to EBMUD without the prior approval of the United States Bureau of Reclamation, and WHEREAS, staff has concluded that annexation of each of the properties included in Annexation Areas 185 -1 through 185 -7 (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 Board of Directors of the Central Contra Costa Sanitary District 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 boundary reorganization proceedings for the seven areas shown on Exhibit A as proposed Annexation Areas 185 -1 through 185 -7 (inclusive) hereof, 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 a mailing list of affected property owners, and of all other property owners and registered voters who reside within 300 feet of each of the proposed annexation areas; and THAT is not the current practice of CCCSD or EBMUD to compel property owners to connect their properties to the public sewer or water 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 Exhibit A for the proposed Annexation Areas 185 -1 through 185 -7 (inclusive) hereto 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. Central Contra Costa Sanitary District Resolution 2014 -017 Page 3 of 3 PASSED AND ADOPTED this 19th day of June, 2014, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES. Members: ABSENT: Members: David R. Williams 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 Exhibit A Qd �G yd, o-0 �+ CONCORD YA4� o C" R^ � 9c4` 4� BLVD cumcm KlRKE . � RO R 9' a'y CIAYIt�N sO �° o ^� RD d 9CY RD '. Ouow RD 4ya �Y 7 cEA:. ac s aWPpY v AVE QQ YA`�Gti G WAYEM tA% arm AC t� ® GP y �G � �O Y YA:LCl r"9TE R NORtIP `� 0 4 a 4 } YF STONE ALAW p YY h RD DIA9LC B 6 ADM ._ _�"� 0 0p RD _ 5 KhAwe Awww vND v SYCAMORE 0 �I wC VALLEY R 0 r 6000 10000 ® a, FEf-r LEGEND: v p ANNEXATION AREA 49 CCCSD BOUNDARYP`` x centrai contra costa DISTRICT ANNEXATION 165 Sanitary District BOUNDARY REORGANIZATION, AREAS 1 -7 DANVILLE AND LAFAYETTE