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NOTICE AND AGENDA FOR REGULAR MEETING DATE/TIME: Wednesday, February 13, 2019, 1:30 PM PLACE: Board of Supervisors Chambers 651 Pine Street, Martinez, CA 94553 NOTICE IS HEREBY GIVEN that the Commission will hear and consider oral or written testimony presented by any affected agency or any interested person who wishes to appear. Proponents and opponents, or their representatives, are expected to attend the hearings. From time to time, the Chair may announce time limits and direct the focus of public comment for any given proposal. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by LAFCO to a majority of the members of the Commission less than 72 hours prior to that meeting will be available for public inspection in the office at 651 Pine Street, Six Floor, Martinez, CA, during normal business hours as well as at the LAFCO meeting. All matters listed under CONSENT ITEMS are considered by the Commission to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Commission or a member of the public prior to the time the Commission votes on the motion to adopt. For agenda items not requiring a formal public hearing, the Chair will ask for public comments. For formal public hearings the Chair will announce the opening and closing of the public hearing. If you wish to speak, please complete a speaker’s card and approach the podium; speak clearly into the microphone, start by stating your name and address for the record. Campaign Contribution Disclosure If you are an applicant or an agent of an applicant on a matter to be heard by the Commission, and if you have made campaign contributions totaling $250 or more to any Commissioner in the past 12 months, Government Code Section 84308 requires that you disclose the fact, either orally or in writing, for the official record of the proceedings. Notice of Intent to Waive Protest Proceedings In the case of a change of organization consisting of an annexation or detachment, or a reorganization consisting solely of annexations or detachments, or both, or the formation of a county service area, it is the intent of the Commission to waive subsequent protest and election proceedings provided that appropriate mailed notice has been given to landowners and registered voters within the affected territory pursuant to Gov. Code sections 56157 and 56663, and no written opposition from affected landowner or voters to the proposal is received before the conclusion of the commission proceedings on the proposal. American Disabilities Act Compliance LAFCO will provide reasonable accommodations for persons with disabilities planning to attend meetings who contact the LAFCO office at least 24 hours before the meeting, at 925-335-1094. An assistive listening device is available upon advance request. As a courtesy, please silence your cell phones during the meeting. FEBRUARY 13, 2019 CONTRA COSTA LAFCO AGENDA 1. Call to Order and Pledge of Allegiance 2. Welcome New Commissioner/Oath of Office 3. Adoption of Agenda 4. Approval of minutes for the January 9, 2019 regular LAFCO meeting 5. Public Comment Period (please observe a three-minute time limit): Members of the public are invited to address the Commission regarding any item that is not scheduled for discussion as part of this Agenda. No action will be taken by the Commission at this meeting as a result of items presented at this time. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)) Name of case: Los Medanos Community Healthcare District v. Contra Costa Local Agency Formation Commission, Contra Costa Superior Court Case No. C19-00048 OUT OF AGENCY SERVICE REQUESTS 6. LAFCO 18-16 – City of Martinez – (2 Millican Court) – consider a request by City of Martinez to extend municipal water service outside its jurisdictional boundary to APN 367-111-002 (0.65+ acres) located at 2 Millican Court; and consider related actions under the California Environmental Quality Act (CEQA) SPHERE OF INFLUENCE (SOI) AMENDMENTS/CHANGES OF ORGANIZATIONS 7. LAFCO 18-13 – Contra Costa Water District (CCWD) and Diablo Water District (DWD) Spheres of Influence (SOIs) Amendments (Santiago Village) – consider a proposal to amend the SOIs of CCWD and DWD by 23.11+ acres (APN 029-050-038) located at 3505 Gateway Road in unincorporated Bethel Island; and consider related actions under CEQA Public Hearing BUSINESS ITEMS 8. Fiscal Year 2019-20 Budget Schedule/Work Plan Preview – provide input on the FY 2019-20 proposed budget schedule and work plan preview 9. Call for Nominations – 2019 Special Districts Risk Management Authority (SDRMA) Board of Directors – receive information regarding a call for nominations for the SDRMA Board of Directors and consider submitting a nomination 10. 2017 GASB 75 Alternative Measurement Method (AMM) Report – receive 2017 AMM report INFORMATIONAL ITEMS 11. Commissioner Comments and Announcements 12. Staff Announcements • CALAFCO Updates • Pending Projects • Newspaper Articles ADJOURNMENT The March 13, 2019 LAFCO Meeting is cancelled. The next regular LAFCO meeting is April 17 (3rd Wednesday), 2019 at 1:30 pm. LAFCO STAFF REPORTS AVAILABLE AT http://www.contracostalafco.org/meeting_archive.htm CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION MINUTES OF MEETING January 9, 2019 Board of Supervisors Chambers Martinez, CA 1. Chair Mike McGill called the meeting to order at 1:35 p.m. and the Pledge of Allegiance was recited. 2. Chair McGill read the “Resolution of Detachment” recognizing Commissioner Tatzin’s significant contributions to LAFCO in the years since his appointment in January of 1997. 3. Roll was called. A quorum was present of the following Commissioners: County Members Candace Andersen and d Alternate Diane Burgis (arrived 1:50 p.m.). Special District Members Mike McGill and Igor Skaredoff and Alternate Stan Caldwell. City Members Tom Butt and Rob Schroder. Public Member Alternate Charles Lewis. Present were Executive Officer Lou Ann Texeira, Legal Counsel Sharon Anderson, Special Counsel Kara Ueda, and Clerk Kate Sibley. 4. Approval of the Agenda Upon motion of Andersen, second by Schroder, Commissioners approved the agenda by a vote of 6-0. AYES: Andersen, Butt, Lewis (A), McGill, Schroder, Skaredoff NOES: none ABSENT: Blubaugh (M), Glover (M) ABSTAIN: none 5. Selection of Chair and Vice Chair Commissioner Butt was unanimously, 6-0, named as Commission Chair for 2019. Commissioner Andersen was unanimously, 6-0, named as Commission Vice Chair for 2019. Commissioner McGill was recognized for his service as the 2018 Chair of the Commission. AYES: Andersen, Butt, Lewis (A), McGill, Schroder, Skaredoff NOES: none ABSENT: Blubaugh (M), Glover (M) ABSTAIN: none 6. Public Comments Michael Donner, new board member for Moraga-Orinda Fire District, introduced himself to the Commission as his District’s designated liaison to LAFCO. Charles Smith, resident of Pittsburg, expressed his personal discontent regarding Commissioner McGill’s performance as the 2018 Commission Chair. 7. Approval of December 12, 2018 Meeting Minutes Upon motion of Schroder, second by Lewis, the December 12, 2018 meeting minutes were approved unanimously by a vote of 7-0. AYES: Andersen, Burgis (A), Butt, Lewis (A), McGill, Schroder, Skaredoff NOES: none ABSENT: Blubaugh (M), Glover (M) ABSTAIN: none CONTRA COSTA LAFCO Minutes of Meeting January 9, 2019 Page 2 8. LAFCO 18-12 – City of Martinez Out of Agency Service (Subdivision 7069, Creekside Oaks) The Executive Officer presented this proposal from the City of Martinez to provide municipal water service to a seven-lot residential subdivision located at Castle Creek Court in Alhambra Valley, outside the City boundary but within the City’s sphere of influence (SOI) and urban limit line (ULL). The Alhambra Valley is partially served by the City for water and by CCCSD for wastewater service. The City indicates that it has adequate water to serve the subject area. Commissioner Lewis stated that he would like to reinforce that LAFCO would like to hear an expanded commitment from the City to annex this and other areas. Relying on the City’s prior fiscal studies undercuts the commitment to annex per Government Code §56133, which allows out of agency service as a temporary measure in certain circumstances. Given there are 1,500 parcels receiving out of agency service from the City, it seems appropriate to ask the City about its annexation timeline. Commissioner Schroder noted that the map in this proposal shows a large area that was annexed in 2011. There are a couple more areas in Alhambra Valley that will be coming to LAFCO soon for annexation. Upon motion of Andersen, second by Lewis, Commissioners, by a 7-0 unanimous vote, found the project exempt pursuant to §15061(b)(3) of the CEQA Guidelines; and authorized the City of Martinez to extend municipal water service outside its jurisdictional boundary to the 16.89+ -acre property located at Castle Creek Court and Casa de Campo in the unincorporated Alhambra Valley, subject to specified terms and conditions, and directed staff to request a report on an estimated timeframe on future annexation activity from City of Martinez staff within six months of this date. AYES: Andersen, Burgis (A), Butt, Lewis (A), McGill, Schroder, Skaredoff NOES: none ABSENT: Blubaugh (M), Glover (M) ABSTAIN: none 9. LAFCO 17-13 – Dissolution of LMCHD – Update on Protest Proceedings The Executive Officer drew Commissioners’ attention to the supplemental report provided on January 8, which reported on the results of the protest as verified by the County Elections Office, which has completed its verification of the written protests within the prescribed time, and included a three level review process. On January 8, LAFCO received a letter and protest results from County Elections, which reported that the number of valid written protests received did not meet the 25% threshold required to submit the question of dissolution to the voters; therefore, pursuant to LAFCO law, the Commission must order the dissolution of LMCHD without an election.
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