HomeMy WebLinkAbout06.a.1) (Handout) Request of Maryann Cella from Save Open Space-Danville to reconsider participation in District Annexation 186 (Magee Ranch)d o.i)
CENTRAL CONTRA COSTA SANITARY DISTRICT #*Ad ", �)
BOARD MEETING February 19, 2015
RE: AGENDA ITEM 6.a.1.: DISTRICT ANNEXATION 186 (MAGEE RANCH)
To CCCSD Board Members:
RECOMMENDED ACTION: SOS- Danville, a grassroots organization comprised of
hundreds of Danville area residents, respectfully but strongly disagrees with
Staffs recommendation that the Board "[a]llow LAFCO's processing of District
Annexation 186 to continue ". Rather, the Board should be revisiting its
approval of DA 186, and rescinding it. Then the Board should consider the
matter again in light of Judge Austin's decision. Upon reconsideration, the
Board should not approve DA 186.
Staff has prepared for the Board a "District Annexation 186 -- -Magee Ranch
Timeline" in support of its recommendation that the Board do nothing. Once
again, critical information has been left out.
First, there is no mention that the Board did not even know about the litigation
when it made its decision on June 19, 2014, to approve DA 186. Staff and the
applicant had a responsibility to inform the Board about it, but they chose not to.
Second, there is a mention that the hearing in the lawsuit was 6 days after the
Board's approval. BUT THERE IS NO MENTION THAT A TENTATIVE RULING WAS
EXPECTED AND IN FACT WAS PUBLISHED 5 DAYS AFTER THE BOARD'S
APPROVAL. The tentative ruling was the same as the final ruling, which found the
EIR to be legally invalid, and found that the Town of Danville's approval was in
violation of CA Planning and Zoning law, the 2010 Danville General Plan, and
Ballot Measure S, which requires a public vote on the "Magee Ranches" project.
When LAFCO learned full information about the litigation - - -- information that was
brought to its attention by SOS - Danville, and not SummerHill Homes or Central
San Staff - -- LAFCO did not approve the annexation, but continued the matter as
long as it legally could.
This Board, not Staff and not SummerHill Homes, has the duty to decide whether /
to approve the Magee Ranches" District Annexation in light of the litigation and
injunction against the "Magee Ranches" project and development permits
regarding it. Now that this Board is fully apprised of the facts of this matter, it
should revisit its approval of the annexation and not as staff recommends do
nothing, thereby perpetuating the appearance of impropriety that surrounds the
first annexation approval, when the Board did not have critical information to
make an informed decision.
When it revisits the matter, the Board should rescind the earlier approval made
without knowledge of the litigation. Then the Board should consider the matter
again in light of Judge Austin's decision. Upon reconsideration, the Board should
not approve DA 186 because such an action would be violating the injunction,
acting on a legally invalid EIR, and most importantly demonstrating that there is
no consequence for withholding key information from the Board in the future.