HomeMy WebLinkAbout04.h Rescind & Replace Res. 2010-011Central Contra Costa Sanitary District
' BOARD OF DIRECTORS `
POSITION PAPER
Board Meeting Date: September 2, 2010
subject: ADOPT A RESOLUTION OF APPLICATION RESCINDING AND
REPLACING RESOLUTION 2010 -011, AND REQUESTING THAT CONTRA COSTA
LAFCO INITIATE PROCEEDINGS TO AMEND CCCSD'S MUTUAL SPHERE OF
INFLUENCE WITH THE MT. VIEW SANITARY DISTRICT IN SIX SEPARATE
AREAS OF INCORPORATED AND UNINCORPORATED MARTINEZ (DISTRICT
REORGANIZATION 181)
Submitted By: Initiating Dept. /Div.:
Jarred Miyamoto - Mills, Provisional Engineering /Environmental Services
Environmental Services Division Manager
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J. Miyamoto -Mills
V1 1 (r
A. Farrell
K. Alm
t mes M. Kelly,
eneral Manager
ISSUE: A Board of Directors' Resolution of Application is required to initiate Local
Agency Formation Commission ( LAFCO) Sphere of Influence (SOI) amendment
proceedings.
RECOMMENDATION: Adopt a Resolution of Application to initiate LAFCO SOI
change proceedings for six separate areas in incorporated and unincorporated
Martinez designated as DR 181. The recommended resolution will supersede
Resolution 2010 -011.
FINANCIAL IMPACTS: Adoption of the recommended resolution will avoid subjecting
the District's HHWCF and the commercial building at 4737 Imhoff Place to significant
additional property tax liability, estimated to be in the tens -of- thousands of dollars
annually.
ALTERNATIVES /CONSIDERATIONS: The Board could direct staff to process the SOI
amendment as originally authorized by Resolution 2010 -011, which would result in
additional property tax liability.
BACKGROUND: On March 18, 2010, the Board adopted Resolution 2010 -011, which
proposed changes in the mutual SOI between CCCSD and the Mt. View Sanitary District
(MVSD) for seven SOI amendment areas. At that time, the proposal included moving
the District property designated as Area 181 -3, which includes 4797 Imhoff Place (the
HHWCF) and the commercial building at 4737 Imhoff Place out of CCCSD's and into
MVSD's SOI. Recently, the Contra Costa Assessor's Office informed staff that
detaching Area 181 -3 from CCCSD would result in the property being subject to
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2010 \DR 181 Postition Paper Sol Amend FINAL 09 -02 -2010 jm1doc
POSITION PAPER
Board Meeting Date: September 2, 2010
subject. ADOPT A RESOLUTION OF APPLICATION RESCINDING AND REPLACING
RESOLUTION 2010 -011, AND REQUESTING THAT CONTRA COSTA LAFCO
INITIATE PROCEEDINGS TO AMEND CCCSD'S MUTUAL SPHERE OF
INFLUENCE WITH THE MT. VIEW SANITARY DISTRICT IN SIX SEPARATE
AREAS OF INCORPORATED AND UNINCORPORATED MARTINEZ (DISTRICT
REORGANIZATION 181)
significant property tax liability. To avoid this unintended consequence, staff proposes
that the board adopt a new Resolution of Application (rescinding and replacing
Resolution 2010 -011), which would drop Area 181 -3 from the SOI amendment proposed
as part of DR 181.
Staff has drafted a new Resolution of Application to request that LAFCO now initiate SOI
amendments for the six areas proposed in Resolution 2010 -012 that are not affected by
removal of Area 181 -3 from DR 181. Some of these remaining proposed changes will
resolve issues identified during LAFCO's Municipal Service Reviews of CCCSD and
MVSD completed in 2008. The six separate areas are in incorporated and
unincorporated Martinez and are described below:
• District Reorganization Area 181 -1 changes the SOI to include the property at
2220 Pomona Avenue as well as a portion of Walnut Street in Martinez. This
property is connected to the District's public sewer system.
• District Reorganization Area 181 -2 changes the SOI to include the property at
4833 Venner Road in Martinez. This property is connected to the District's public
sewer system.
• District Reorganization Area 181 -4 changes the SOI to exclude a vacant
developable property on Central Avenue in unincorporated Martinez. This
property can be most reasonably served by MVSD.
• District Reorganization Area 181 -5A changes the SOI to include a portion of a
common area property near Douglas Drive in Martinez, the majority of which is
already within CCCSD's boundaries, and an adjacent portion of State Highway 4
to create a logical boundary.
• District Reorganization Area 181 -5131 changes the SOI to exclude a portion of the
property 3430 Vista Oaks Drive in Martinez. The property is currently served by
MVSD.
• District Reorganization Area 181 -5132 changes the SOI to add the portion of a City
of Martinez's Water Storage Facility property not already within CCCSD's SOI.
K \ENVRSEMPosition Papers\Miyamoto- Mills\2010OR 181 Postition Paper SOI Amend FINAL 09 -02 -2010 jm2.doc
POSITION PAPER
Board Meeting Date: September 2, 2010
subject ADOPT A RESOLUTION OF APPLICATION RESCINDING AND REPLACING
RESOLUTION 2010 -011, AND REQUESTING THAT CONTRA COSTA LAFCO
INITIATE PROCEEDINGS TO AMEND CCCSD'S MUTUAL SPHERE OF
INFLUENCE WITH THE MT. VIEW SANITARY DISTRICT IN SIX SEPARATE
AREAS OF INCORPORATED AND UNINCORPORATED MARTINEZ (DISTRICT
REORGANIZATION 181)
A separate Position Paper on today's agenda addresses the recommended
detachments and annexations needed to complete the proposed boundary changes.
CCCSD 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 Areas 181 -1, 181 -2, 181 -4, 181 -5A, 181 -5131 and
181 -5132 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 CCCSD's mutual SOI with the MVSD, including
the finding that the SOI change proposed for each affected property within District
Reorganization Areas 181 -1, 181 -2, 181 -4, 181 -5A, 181 -5131 and 181 -5132 is exempt
from CEQA under District CEQA Guidelines Section 15319. The recommended
resolution would rescind and replace Resolution 2010 -011.
KXENVRSEMPosition Papers\Miyamoto- MiIIs\2010OR 181 Postition Paper SOI Amend FINAL 09 -02 -2010 jm2.doc