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Home My WebLink About9 Annex Placer Cty ParcelsAgenda Item # 9 ACTION To: Board of Directors From: Kathleen Neus Date: August 03, 2011 Subject: Consideration of a Resolution to Annex Parcels In Placer County 1. WHY THIS MATTER IS BEFORE THE BOARD Initiation of the annexation of parcels currently receiving service, but not currently within the District's electric and/or water service territories, and adjacent parcels that are logical to serve in the future. This is an issue reserved to the Board. The Nevada County Local Agency Formation Commission (LAFCo) requires a resolution by the Board of Directors to begin the annexation process. 2. HISTORY The District extended service, both power and water, to 24 parcels from 1966 through 1988 with the understanding that the District may pursue annexation in the future. In addition, there are 21 adjacent parcels that are logical to serve. This brings the total to 45 parcels identified to date that require annexation. The list of parcels are described in Attachment 1 and shown in Figures 1 and 2. At the July 6th Board meeting, the Board directed staff to pursue this issue with the desired outcome being annexation. This action is the first step in accomplishing this goal. 3. NEW INFORMATION During review of the Nevada County LAFCo proposed Sphere of Influence (SO[), District staff identified 26 parcels that are currently served by the District but had never been annexed. This item is Issue 2 of the four issues identified within LAFCo's purview. Annexation of the 26 parcels will partially resolve the condition where parcels that should have voting rights and can't vote currently in District elections. The development agreements between the 26 parcels are all slightly different requiring that each parcel, or group of parcels, will need to be handled separately. Annexation of the remaining 19 unserved parcels that are adjacent to the 26 parcels will provide a contiguous jurisdictional boundary. Steps required by Nevada County LAFCo for annexation are as follows: 1) Application with supporting documentation, fees accompanied by a Resolution of Application (this action) 2) LAFCo will provide a Notification of Receipt of Application when the application is received 3) LAFCo will review the application for sufficiency, other documentation maybe required 4) Environmental documentation 5) Certificate of Filing once the application is deemed sufficient and complete 6) Setting a hearing within 90 days of the Certificate of Filing has been issued 7) Preparation of the LAFCo staff report 8) Completion of the Commission Hearing, LAFCo may continue the hearing one or more times, but not more than 70 days after the initial hearing date 9) The Commission must adopt its resolution with a final determination within 35 days of the close of the hearing 10) Reconsideration, any interested person may request consideration within 30 days of the resolution being adopted by the commission 11) Reapplication after Denial, if the application is denied by the Commission, another proposal with the same or near same territory cannot be submitted for one year 12) Certificate of Completion A full description of the LAFCo Application Processing Procedures is included as Attachment 2. 4. FISCAL IMPACT The fiscal impact associated with this item is approximately $20,000.00. Sufficient funds exist in both the water and electric operation budgets for this action. Costs will be apportioned to each utility based on parcel count. 5. RECOMMENDATION Adopt the resolution requesting Nevada County LAFCo to initiate annexation proceedings. Michael D. Holley General Manager Resolution No. 2011 - XX Application by Truckee Donner Public Utility District Requesting the Local Agency Formation Commission of Nevada County to Take Proceedings for the Annexation of Placer County Parcels WHEREAS, the Truckee Donner Public Utility District desires to initiate proceedings pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, for the annexation of Placer County Assessor's Parcels referred to in Exhibit "A"; WHEREAS, during the review of the Nevada County LAFCo proposed Sphere of Influence, the District identified and confirmed 45 parcels that are currently being served or are logical to serve by the District, but have never been annexed; WHEREAS, 26 of the identified parcels were extended both electric and water service from 1966 through 1988 with the understanding that the District may pursue annexation in the future; WHEREAS, annexation of the 26 parcels will provide for voting rights in District elections; WHEREAS, annexation of the remaining nineteen parcels would prove to be logical and provide a contiguous jurisdictional boundary; and NOW THEREFORE BE IT RESOLVED by the Board of Directors of the District as follows: 1. Application and proposal are hereby made to the Nevada County Local Agency Formation Commission for the annexation of certain territory to the Truckee Donner Public Utility District. The parcels constituting such territory are listed in Exhibit "A" attached hereto and made reference hereof. 2. The reason for this proposal is to annex parcels receiving service or are logical to serve, but not currently within the District's electric and/or water service territories. 3. This annexation is consistent with the sphere of influence adopted for the Truckee Donner Public Utility District by Nevada LAFCo in 1983. The District's sphere plan was updated in 1998 to comply with new Nevada LAFCo requirements. The District therefore requests that Nevada County LAFCo proceed with this proposal in consideration of the following: the 1 Resolution 2011-XX District documented that it provides sufficient and sustainable service to the parcels, the District serves adjoining properties and the District believes that the proposal is generally consistent with both Nevada and Placer LAFCo's policy objectives. 4. The District certifies that, pursuant to Government Code Section 56663, owners of 26 parcels within the affected territory consented to annexation through development agreements. The Truckee Donner Public Utility District, as the only agency that will gain or lose territory as a result of this annexation, hereby consents to a waiver of the final protest hearing by Nevada County LAFCo. 5. Truckee Donner Public Utility District staff is hereby authorized and directed to file a certified copy of this resolution with the Executive Officer of the County of Nevada Local Agency Formation Commission. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the third of August 2011 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Jeff Bender, President ATTEST: Michael D. Holley, District Clerk 2 Resolution 2011-XX Attachment 1 (Exhibit "A") Exhibit Map APN Address County Last / Company Name First Name A 069 130 023 000 (Portion) *NO SITE ADDRESS* Placer CALIFORNIA STATE OF A 069 130 047 000 (Portion) *NO SITE ADDRESS* Placer CALIFORNIA STATE OF A 069 130 056 000 *NO SITE ADDRESS* Placer UNION PACIFIC RAILROAD COMPANY B 080 020 004 000 9921 RIVER RD Placer OLIVIERI STEFANIE E 2001 TRUST B 080 020 005 510 9931 RIVER RD Placer CALIFORNIA STATE OF B 080 020 008 000 19031 W RIVER ST Placer HENRIKSON OLIVER B 080 020 010 000 19021 W RIVER ST Placer HENRIKSON OLIVER B 080 020 011000 19040 W RIVER ST Placer DONNER CREEK LIMITED B 080 020 013 000 10715 HIGHWAY 89 S Placer DONNER CREEK LIMITED B 080 020 014 000 10715 HIGHWAY 89 S Placer DONNER CREEK LIMITED B 080 020 016 000 9908 RIVER RD Placer UNITED STATES OF AMERICA D 080 270 003 000 *NO SITE ADDRESS* Placer PINYON CREEK LLC II D 080 270 006 000 *NO SITE ADDRESS* Placer FINNEGAN JANE D 080 270 016 000 9721 MARTIS RD Placer PINYON CREEK LLC II D 080 270 017 000 9731 MARTIS RD Placer PINYON CREEK LLC II D 080 270 021000 9771 MARTIS RD Placer VIRUS IONE D 080 270 022 000 9781 MARTIS RD Placer ACKLEY SCOTT D 080 270 028 000 40200 TRUCKEE AIRPORT RD Placer GRAHAM MICHAEL D 080 270 030 000 *NO SITE ADDRESS* Placer THOMPSON GAIL D 080 270 031000 9761 MARTIS RD Placer DUTRA DONALD D 080 270 032 000 9741 MARTIS RD Placer PETERSON PATRICIA D 080 270 033 000 9751 MARTIS RD Placer FOSTER D 080 270 048 000 9709 NORTHSHORE BLVD Placer HENN HOWARD D 080 270 049 000 9709 NORTHSHORE BLVD Placer COLLINSON BRENT D 080 270 050 000 9709 NORTHSHORE BLVD Placer COLLINSON BRENT D 080 270 051000 *NO SITE ADDRESS* Placer MARTIS VALLEY PROFESSIONAL CEN C 080 390 011000 10385 PINE CONE DR Placer BELL ROBERT C 080 390 017 000 10380 PINE CONE DR Placer SUSINETTI GARY C 080 390 018 000 10360 PINE CONE DR Placer TOWERY RONALD C 080 390 019 000 10340 PINE CONE DR Placer BANK OF AMERICA NA C 080 390 020 000 10300 PINE CONE DR Placer ANDERSON ERIC C 080 390 021000 10375 PINE CONE DR Placer HILLMAN JAMES C 080 390 022 000 10355 PINE CONE DR Placer COTTON JEFFREY C 080 390 023 000 10335 PINE CONE DR Placer ELLIS SUSAN C 080 390 024 000 11315 PINE CONE DR Placer LINDSAY CRAIG C 080 390 025 000 *NO SITE ADDRESS* Placer MARTINEZ REINA C 080 390 026 000 *NO SITE ADDRESS* Placer MARTINEZ REINA E 080 270 024 000 *NO SITE ADDRESS* Placer TRUCKEE TAHOE AIRPORT DISTRICT E 110 010 001000 12700 LODGE TRAIL DR Placer TRUCKEE TAHOE AIRPORT DISTRICT E 110 010 002 000 *NO SITE ADDRESS* Placer TRUCKEE TAHOE AIRPORT DISTRICT E 110 010 003 000 *NO SITE ADDRESS* Placer TRUCKEE TAHOE AIRPORT DISTRICT E 110 010 004 000 *NO SITE ADDRESS* Placer TRUCKEE TAHOE AIRPORT DISTRICT E 110 010 006 000 *NO SITE ADDRESS* Placer TRUCKEE TAHOE AIRPORT DISTRICT E 110 010 029 000 *NO SITE ADDRESS* Placer TRUCKEE TAHOE AIRPORT DISTRICT E 110 010 031000 *NO SITE ADDRESS* Placer TRUCKEE TAHOE AIRPORT DISTRICT Attachment 1 (Exhibit "A") APN Improvement landuse Service Year Service Type Preferred Jurisdiction 069 130 023 000 (Portion) Unimproved Timber Preserve N/A Not Serviced Electric Only 069 130 047 000 (Portion) Unimproved Timber Preserve N/A Not Serviced Electric Only 069 130 056 000 Improved Railroad 1966 Electric Only Electric Only 080 020 004 000 Improved Residential 1997 Electric Only Electric & Water 080 020 005 510 Unimproved Undefined N/A Not Serviced Electric & Water 080 020 008 000 Improved Residential 1997 Electric Only Electric & Water 080 020 010 000 Unimproved Residential N/A Not Serviced Electric & Water 080 020 011000 Improved Mobile Home 1969 Electric & Water Electric & Water 080 020 013 000 Improved Mobile Home 1969 Electric & Water Electric & Water 080 020 014 000 Improved Mobile Home 1969 Electric & Water Electric & Water 080 020 016 000 Unimproved Undefined N/A Not Serviced Electric & Water 080 270 003 000 Improved Common Area N/A Not Serviced Water Only 080 270 006 000 Unimproved Other N/A Well Served Water Only 080 270 016 000 Unimproved Multi -Family N/A Not Serviced Water Only 080 270 017 000 Unimproved Multi -Family N/A Not Serviced Water Only 080 270 021000 Unimproved Residential N/A Not Serviced Water Only 080 270 022 000 Improved Residential 1983 Water Only Water Only 080 270 028 000 Improved Proffessional 1980 Water Only Water Only 080 270 030 000 Unimproved Residential N/A Not Serviced Water Only 080 270 031000 Improved Residential 1983 Water Only Water Only 080 270 032 000 Improved Residential 1983 Water Only Water Only 080 270 033 000 Improved Residential 1983 Water Only Water Only 080 270 048 000 Improved Proffessional N/A Well Served Water Only 080 270 049 000 Improved Proffessional N/A Well Served Water Only 080 270 050 000 Improved Proffessional N/A Well Served Water Only 080 270 051000 Improved Common Area N/A Well Served Water Only 080 390 011000 Improved Residential 1988 Water Only Water Only 080 390 017 000 Improved Residential 1988 Water Only Water Only 080 390 018 000 Improved Residential 1988 Water Only Water Only 080 390 019 000 Improved Residential 1988 Water Only Water Only 080 390 020 000 Improved Residential 1988 Water Only Water Only 080 390 021000 Unimproved Residential 1988 Water Only Water Only 080 390 022 000 Improved Residential 1988 Water Only Water Only 080 390 023 000 Improved Residential 1988 Water Only Water Only 080 390 024 000 Unimproved Residential 1988 Water Only Water Only 080 390 025 000 Unimproved Residential 1988 Water Only Water Only 080 390 026 000 Unimproved Residential 1988 Water Only Water Only 080 270 024 000 Improved Airport 1968 Electric & Water Electric Only 110 010 001000 Improved Airport 1968 Electric & Water Electric Only 110 010 002 000 Improved Airport 1968 Electric & Water Electric Only 110 010 003 000 Unimproved Airport N/A Not Serviced Electric Only 110 010 004 000 Improved Airport 1968 Electric & Water Electric Only 110 010 006 000 Unimproved Airport N/A Not Serviced Electric Only 110 010 029 000 Unimproved Airport N/A Not Serviced Electric Only 110 010 031000 Unimproved Airport N/A Not Serviced Electric Only Attachment 1 (Exhibit "A") APN Misc. Notes 069 130 023 000 (Portion) Parcels not served, but area required for access to 069-130-056-000 069 130 047 000 (Portion) Parcels not served, but area required for access to 069-130-056-000 069 130 056 000 Liberty Energy has asked Railroad to approach District for service in this area 080 020 004 000 080 020 005 510 080 020 008 000 080 020 010 000 080 020 011000 The Nevada side of the Donner Creek MHP is within both the District's Electric and Water jurisdictional boundarie 080 020 013 000 The Nevada side of the Donner Creek MHP is within both the District's Electric and Water jurisdictional boundarie 080 020 014 000 The Nevada side of the Donner Creek MHP is within both the District's Electric and Water jurisdictional boundark 080 020 016 000 080 270 003 000 Future service agreement in place 080 270 006 000 080 270 016 000 Future service agreement in place 080 270 017 000 Future service agreement in place 080 270 021000 080 270 022 000 080 270 028 000 080 270 030 000 080 270 031000 080 270 032 000 080 270 033 000 080 270 048 000 080 270 049 000 080 270 050 000 080 270 051000 Existing District PUE over parcel 080 390 011000 Original development agreement cites required future annexation 080 390 017 000 Original development agreement cites required future annexation 080 390 018 000 Original development agreement cites required future annexation 080 390 019 000 Original development agreement cites required future annexation 080 390 020 000 Original development agreement cites required future annexation 080 390 021000 Original development agreement cites required future annexation 080 390 022 000 Original development agreement cites required future annexation 080 390 023 000 Original development agreement cites required future annexation 080 390 024 000 Original development agreement cites required future annexation 080 390 025 000 Original development agreement cites required future annexation 080 390 026 000 Original development agreement cites required future annexation 080 270 024 000 Airport District currently receives all Water/Electric services via TDPUD 110 010 001000 Airport District currently receives all Water/Electric services via TDPUD 110 010 002 000 Airport District currently receives all Water/Electric services via TDPUD 110 010 003 000 Airport District currently receives all Water/Electric services via TDPUD 110 010 004 000 Airport District currently receives all Water/Electric services via TDPUD 110 010 006 000 Airport District currently receives all Water/Electric services via TDPUD 110 010 029 000 Airport District currently receives all Water/Electric services via TDPUD 110 010 031000 Airport District currently receives all Water/Electric services via TDPUD Attachment 2 LOCAL AGENCY FORMATION COMMISSION OF NEVADA COUNTY Application Processing Procedures It is the intent of LAFCo to process properly submitted applications -in a timely manner. There are, however, statutory as well as self-imposed deadlines to be met. Following is an outline of the LAFCo procedures for processing applications. Where these deadlines are statutory, the numbers in brackets after the paragraph indicate the statutory source for the deadline. With the exception of one citation from the Revenue and Taxation Code, all statutory citations are from the Cortese -Knox Hertzberg Lora/ Government Act of2000 (Government Code Section 56000 and following). 1) Application. An application to LAFCo requires submission of an Application Form, supporting documentation, and fees in the amount established by the LAFCo Fee Schedule. In addition, the application must be accompanied by either (a) a Resolution of Application from an affected local agency or (b) a sufficient landowner or voter petition in accordance with the requirements of Cortese -Knox - Hertzberg. LAFCo prefers that the resolution procedure be utilized wherever feasible, to involve the affected public agency early and assure timely considera- tion of its needs. A resolution also establishes the affected public agency as Lead Agency under the California Environmental Quality Act, contributing to its better implementation. Applications initiated by petition (other than for sphere updates, district formations, and city incorporations) must also include evidence of efforts to obtain the sponsorship of the affected public agency. 2) Notification of Receipt of Application. When an application is received, the Executive Officer must give immediate written notification to any agency affected by the proposal [56658(b)] and to the County Assessor and Auditor so they may calculate assessed value and other information required to complete a tax exchange [Revenue and Taxation Code Section 99 (b)]. 3) Review of the Application for Sufficiency. The Executive Officer must notify the proponent whether or not the application is complete within 30 days after its receipt [56658(d)]. If the application is not complete, the Executive Officer will inform the applicant what additional documentation is required. 4) Environmental Documentation. Where LAFCo is the Lead Agency under CEQA, the application cannot be deemed complete until adequate environmental documentation is prepared. (See LAFCo CEQA Guidelines.) 5) Sufficiency of the Petition. If the application is accompanied by a petition, the Executive Officer must review the petition for legal sufficiency within 30 days of its receipt and must issue a Certificate of Sufficiency if the petition has the required number of proper signatures and otherwise meets the requirements of Cortese - Knox -Hertzberg [56706]. 6) Certificate of Filing. Upon determining that an application is sufficient and com- plete, the Executive Officer issues a Certificate of Filing to the applicant [56658(g)]. 7) Conflicting Applications. In the event of conflicting applications, LAFCo may determine which application to consider first. Normally the application received first by LAFCo will be heard first [56655]. Special provisions apply for conflicting proposals for incorporation, district consolidation, dissolution, merger, or es- tablishment of a subsidiary district, or a reorganization that includes any of these changes of organization [56657]. 8) Setting the Matter for Hearing. Within 90 days after a Certificate of Filing has been issued, the Commission must consider the application at a public hearing or meeting [56658(i)]. 9) Preparation of the Staff Report. The Executive Officer prepares a staff report with recommendations on each application. The report shall be available at least five (5) days prior to the hearing on the application [56665]. 10) Completion of the Commission Hearing. The Commission may continue the hearing on an application one or more times, but it may not continue the hearing more than 70 days after the initial hearing date [56666]. The Commission must adopt its resolution making a final determination on the application within thirty-five (35) days after the close of the hearing [56880]. 11) Reconsideration. Any interested person may request reconsideration of the LAFCo determination within 30 days after the resolution making the determination is adopted [56895]. An additional fee applies to reconsideration. 12) Reapplication after Denial. If an application is denied by LAFCo, another proposal involving the same or substantially the same territory cannot be submitted within one (1) year after the date of denial, unless the Commission finds this prohibition detrimental to the public interest [56884]. 13) Certificate of Completion. The Executive Officer shall file a Certificate of Comple- tion for each approved proposal in accordance with the provisions of 57200 and the following: a) If the Commission has waived conducting authority proceedings in accordance with Section 56663, the Executive Officer shall file a Certificate of Completion immediately after the reconsideration period ends. b) If the proposal requires a protest hearing, LAFCo will determine the value of written protests and either file a Certificate of Completion for the proposal, forward the proposal to the appropriate election official for submission to a vote, or terminate the proposal, as provided by 57075. Normally, the change of organization or reorganization will become effective on the date the certificate is recorded. 2 Rev. 2010 mv