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Home My WebLink About09.a.3) District Annexation 187-Podva Property, DanvilleCentral Contra Costa Sanitary District 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 ONE ANNEXATION AREA IN DANVILLE TO CCCSD AND EBMUD (DISTRICT ANNEXATION 187 -PODVA PROPERTY) Submitted By: Initiating Dept. /Div.: Russell B Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Brightbill — Senior Engineer y D. Gemmell — Environmental Services Division Manager `e Kent Alm Roger S. Bailey Counsel for the District General Manage 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 187, including the finding that the Board has reviewed and considered the Environmental Impact Report (EIR) for the Podva Property and agrees with findings of the Town of Danville (the Lead Agency) pertaining to Findings of Fact, adoption of mitigation measures, and a Mitigation Monitoring and Reporting Program. 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. All annexation costs are tracked and recovered as "annexation charges ". For large annexations (ten or more subdivision lots) and reorganizations, the property owner provides a deposit and is charged an annexation charge equal to the District's actual administrative and related costs to process the annexation. 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: A recently approved, 20 -lot residential subdivision ( Podva Property) needs to be annexed to CCCSD to connect to the sanitary sewer system and to the East Bay Municipal Utility District ( EBMUD) to receive potable water service (see C:\ Users \danderson \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP DA 187 6 -19 -14 Final.docx Page 1 of 4 POSITION PAPER Board Meeting Date: June 5, 2014 subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE BOUNDARY REORGINATION PROCEEDINGS TO ANNEX PARCELS IN ONE DANVILLE ANNEXATION AREA TO CCCSD AND /OR EBMUD (DISTRICT ANNEXATION 187 - PODVA PROPERTY) Attachment 1). These contiguous properties have been organized into one "annexation area ". The proposed action is a "boundary reorganization" because it involves annexations to two or more agencies. The annexation area is within the Spheres of Influence (SOI) of the both districts and the County Urban Limit Line. Staff has drafted a Resolution of Application requesting that LAFCO initiate boundary reorganization proceedings for the one annexation area. This area is described below: • Annexation Area 187 -1 is comprised of twenty residential lots and two common area parcels off Midland Way. All are proposed to be annexed to CCCSD and EBMUD. The residential lots have been approved for development by the Town of Danville as part of the Podva Property residential subdivision project. District staff has concluded that environmental impacts of annexing the properties in Annexation Area 187 -1 to CCCSD and EBMUD are adequately addressed in the Podva Property EIR, certified by the Town of Danville on April 1, 2014. A copy of the EIR is available on the Town website at: http: / /www.danville.ca.gov /Services /Planning_ Services /Development- Activities / Podva- Property- Residential - Development/. Adoption of the recommended resolution will establish the Board of Directors' independent findings that the Board has reviewed and considered the Environmental Impact Report (EIR) for the Podva Property and agrees with findings of the Lead Agency pertaining to Findings of Fact, adoption of mitigation measures, and a Mitigation Monitoring and Reporting Program. RECOMMENDED BOARD ACTION: Adopt a Resolution of Application to initiate LAFCO boundary reorganization proceedings for District Annexation 187, including the finding that the Board has reviewed and considered the Environmental Impact Report (EIR) for the Podva Property and agrees with findings of the Town of Danville (the Lead Agency) pertaining to Findings of Fact, adoption of mitigation measures, and a Mitigation Monitoring and Reporting Program. Attached Supporting Documents: 1. District Annexation 187 Boundary Reorganization, Area 1, Danville 2. Resolution of Application C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP DA 187 6 -19 -14 Final.dou Page 2 of 4 ATTACHMENT 1 DISTRICT ANNEXATION 187 BOUNDARY REORGANIZATION, AREA 1, DANVILLE LEGEND un11S: MAKUH4,2014 SCALE: 1' =500' naecc cmea amx, an.n osu wmQ amsr mart Carbwn. Barbee 6 Gamm, I a°ov u .aare..mm�.mmnr nc. ® arae�eer..ueerge•�iwrae �vao�ewm :- ® ®Wa.owwV.n.am Pn�ae �mmuooLm� .wwvax.rx.u.nwo .w.a.y� C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP DA 187 6 -19 -14 Final.docx Page 3 of 4 ATTACHMENT 1 (CONTINUED) DISTRICT ANNEXATION 187 BOUNDARY REORGANIZATION, AREA 1, DANVILLE LEGEND DATE: MARCA4,2014 SCALE 1--W cavort, Berme w w Bur uTlmau was tttst &GRA n. Iry I t!➢ ®t�l.1tA10tY0® CM�tItiQA.M1lVW .wwl�liO 1 ® nwtotam�mr fwattu nuari,aitir w =� I MMiu14L W1011N rAy 4 G118151ADAVEMIBMJUM -LWOD BGIIrDW- BMUD.DWG C:\ Users \danderson \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP DA 187 6 -19 -14 Final.docx Page 4 of 4 RESOLUTION NO. 2014 -01 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. 187 -PODVA PROPERTY) 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 annexation proposal consists of annexing of one "single area," as defined by the State Board of Equalization, generally adjacent to the existing CCCSD and East Bay Municipal Utility District (EBMUD) boundary, as shown on Exhibit A as proposed Annexation Areas187 -1 and by this reference incorporated herein, comprising a total of 13.1 acres, more or less to CCCSD and EBMUD; and WHEREAS, the change of organization is proposed for the following reasons: Twenty residential lots and two common area parcel off Midland Way in the Town of Danville have been organized into one "annexation area" to allow potable water and sanitary sewer service to an approved, but unconstructed, residential subdivision (Podva Property); 2. All of the properties are within CCCSD's Sphere of Influence for sewer service and EBMUD's Sphere of Influence for water; 3. All of the properties are within Contra Costa County's Urban Limit Line; 4. 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; 5. CCCSD and EBMUD require that properties be annexed to receive utility service; and 6. No other sewer or water agency can reasonably serve these areas. WHEREAS, Contra Costa County is the only affected county (the areas proposed for annexation to CCCSD and EBMUD are in the Town of Danville); and no other sewering or water agencies are involved; and Central Contra Costa Sanitary District Page 2 of 3 Resolution 2014- t WHEREAS, the area proposed for annexation to CCCSD and EBMUD has fewer than 12 registered voters residing therein and, therefore, is "not inhabited" under LAFCO's criterion; and 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; and 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 the environmental impacts of annexing the properties in Annexation Area 187 -1 to CCCSD and EBMUD have been adequately addressed in the Podva Property EIR, certified by the Town of Danville on April 1, 2014. 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 one area shown on Exhibit A as proposed Annexation Areas 187 -1 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 findings that the Board has reviewed and considered the Environmental Impact Report (EIR) for the Podva Property and agrees with findings of the Town of Danville (the Lead Agency) pertaining to Findings of Fact, adoption of mitigation measures, and a Mitigation Monitoring and Reporting Program (see Exhibit B). THAT CCCSD staff is directed to file any necessary CEQA documents with Contra Costa County. Central Contra Costa Sanitary District Page 3 of 3 Resolution 2014- D/ 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 DISTRICT ANNEXATION 187 BOUNDARY REORGANIZATION, AREA 1, DANVILLE L &GSND unin: nvu�n +,aiv ac:ni.n: � ^=�w norr easour oaw�. Dino oar u.rm w¢r mon+ Cedeen, Bwbee ® orex.mn�mee aavrewa'm�v &Cisoe, In, em arwmen ® an enams.aw�cro�.wwxse /nm�ex�wm�s�cm a�urioxrron,euns � �® ® 10vAU�,mt tw RWaI�CYlOtlM Mlel aspmn T EXHIBIT A (CONTINUED) DISTRICT ANNEXATION 187 BOUNDARY REORGANIZATION, AREA 1, DANVILLE LEGEND DATE: MARCH4,1014 SCALE: 1—SOD' Crhm, Bwbw 2 eururu�conl ®mmn & Ina ® �n ®w®xem�ma� eiaras.w1.�ro�.nii�as < ® 16vm�lalve� �GI�c MY01LLniie �e. *� e nrrwt n..aw� waw i u u G:119151ACAMEXHIBn3 XB-W00 BOUNDARY- EBMUD.MG *11411 FINDINGS OF THE TOWN OF DANVILLE (THE LEAD AGENCY) PERTAINING TO FINDINGS OF FACT, ADOPTION OF MITIGATION MEASURES, AND A MITIGATION MONITORING AND REPORTING PROGRAM (TOWN OF DANVILLE RESOLUTION NO. 28 -2014) The full 70 -page Resolution No. 28 -2014 Adopted by the Town of Danville on April 1, 2014 certifying a final Environmental Impact Report and adopting Findings, etc. related to the Podva Property is available for review at the below listed location because it is too large for useful imaging within this electronic packet. We apologize for any inconvenience. Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez Monday through Friday: 8:00 a.m. to 5:00 p.m. Please contact Elaine R. Boehme, Secretary of the District, with any questions: Telephone: (925) 229 -7303 Email: eboehme @ centralsan.org