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HomeMy WebLinkAbout04.i Rescind & Replace Res. 2010-012Central 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 -012, AND REQUESTING THAT CONTRA COSTA LAFCO INITIATE PROCEEDINGS TO DETACH ONE AREA AND ANNEX THREE AREAS IN 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: ISSUE: A Board of Directors' Resolution of Application is required to initiate Local Agency Formation Commission ( LAFCO) change of organization (detachment and annexation) proceedings. RECOMMENDATION: Adopt a Resolution of Application to initiate LAFCO proceedings to detach one area and annex three areas in incorporated and unincorporated Martinez, designated as District Reorganization 181 (DR 181). The recommended resolution would supersede Resolution 2010 -012. FINANCIAL IMPACTS: Adoption of the recommended resolution will avoid subjecting CCCSD'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 reorganization as originally authorized by Resolution 2010 -012, which would result in additional property tax liability. BACKGROUND: On March 18, 2010, the Board adopted Resolution 2010 -012, which proposed, in part, that properties in incorporated and unincorporated Martinez adjacent to CCCSD's mutual boundary with the Mt. View Sanitary District (MVSD) be detached from or annexed to the District. At that time, the proposal included detachment of District property designated as Area 181 -3, which includes 4797 Imhoff Place (the HHWCF) and the commercial building at 4737 Imhoff Place. Recently, the Contra Costa Assessor's Office informed staff that detachment of Area 181 -3 would result in the property being subject to a significant property tax liability. To avoid this unintended consequence, staff proposes that the board adopt a new Resolution of Application (superseding Resolution 2010 -012), which would drop Area 181 -3 from DR 181. N: \ENVRSEC \Position Papers\Miyamoto- Mills\2010\DR 181 Postition Paper DDDA -FINAL 09 -02 -2010 jm2.doc 4� J. Miyamoto -Mills _ � W _ A. Farrell K. Alm James . Kelly, Gener Manager ISSUE: A Board of Directors' Resolution of Application is required to initiate Local Agency Formation Commission ( LAFCO) change of organization (detachment and annexation) proceedings. RECOMMENDATION: Adopt a Resolution of Application to initiate LAFCO proceedings to detach one area and annex three areas in incorporated and unincorporated Martinez, designated as District Reorganization 181 (DR 181). The recommended resolution would supersede Resolution 2010 -012. FINANCIAL IMPACTS: Adoption of the recommended resolution will avoid subjecting CCCSD'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 reorganization as originally authorized by Resolution 2010 -012, which would result in additional property tax liability. BACKGROUND: On March 18, 2010, the Board adopted Resolution 2010 -012, which proposed, in part, that properties in incorporated and unincorporated Martinez adjacent to CCCSD's mutual boundary with the Mt. View Sanitary District (MVSD) be detached from or annexed to the District. At that time, the proposal included detachment of District property designated as Area 181 -3, which includes 4797 Imhoff Place (the HHWCF) and the commercial building at 4737 Imhoff Place. Recently, the Contra Costa Assessor's Office informed staff that detachment of Area 181 -3 would result in the property being subject to a significant property tax liability. To avoid this unintended consequence, staff proposes that the board adopt a new Resolution of Application (superseding Resolution 2010 -012), which would drop Area 181 -3 from DR 181. N: \ENVRSEC \Position Papers\Miyamoto- Mills\2010\DR 181 Postition Paper DDDA -FINAL 09 -02 -2010 jm2.doc POSITION PAPER Board Meeting Date: September 2, 2010 subject. ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE PROCEEDINGS TO DETACH ONE AREA AND ANNEX THREE AREAS IN INCORPORATED AND UNINCORPORATED MARTINEZ; RESCINDING AND REPLACING RESOLUTION NO. 2010 -012 (DISTRICT REORGANIZATION 181) Staff has drafted a new Resolution of Application to request that LAFCO now initiate the detachment of the one area and annexation of the three 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 four separate areas are in incorporated and unincorporated Martinez and are described below: • District Reorganization Area 181 -1 involves CCCSD annexation of one property at 2220 Pomona Avenue currently developed with a single - family home, as well as a portion of Walnut Street in the City of Martinez. The existing home is served by CCCSD's public sewer system. Concurrently, MVSD will detach this area. • District Reorganization Area 181 -5A involves CCCSD annexation of a portion of one property near Douglas Drive, a portion of one property adjacent to Muir Station Road and a portion of the State Highway 4 right -of -way in Martinez to create a logical boundary. Concurrently, MVSD will detach this area. • District Reorganization Area 181 -5131 involves CCCSD detachment of a portion of one existing multiple - family residential property on Vista Oaks Drive in Martinez to create a logical boundary. This property is served by MVSD's public sewer system. Concurrently, MVSD will annex this area. • District Reorganization Area 181 -5132 involves CCCSD annexation of a portion of a City of Martinez's Water Storage Facility property to create a logical boundary. Concurrently, MVSD will detach this area. A separate Position Paper on today's agenda addresses recommended Sphere of Influence (SOI) amendments needed to complete the proposed boundary changes. CCCSD staff has concluded that the detachment or annexation of each property as proposed for District Reorganization Areas 181 -1, 181 -5A, 181 -5131 and 181 -5132 is exempt from California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15319, since each would involve detachment or annexation of an existing lot for existing or exempt facilities. Adoption of the recommended resolution will establish the Board of Directors' independent finding that annexation and detachment of each of these properties is exempt from CEQA. M ENVRSEMPosition Papers \Miyamoto- Mills\2010 \DR 181 Postition Paper DDDA - FINAL 09 -02 -2010 jm2.doc POSITION PAPER Board Meeting Date: September 2, 2010 subject. ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE PROCEEDINGS TO DETACH ONE AREA AND ANNEX THREE AREAS IN INCORPORATED AND UNINCORPORATED MARTINEZ; RESCINDING AND REPLACING RESOLUTION NO. 2010 -012 (DISTRICT REORGANIZATION 181) RECOMMENDED BOARD ACTION: Adopt a Resolution of Application requesting that LAFCO initiate proceedings to detach one area and annex three areas in incorporated and unincorporated Martinez, including the finding that the annexation or detachment of each property as proposed for District Reorganization Areas 181 -1, 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 -012. WENVRSEC \Position Papers\Miyamoto- MiIIs\20100R 181 Postition Paper DDDA - FINAL 09 -02 -2010 jm2.doc