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June 24, 1998
AGENDA ITEM 3
Consider Authorizing Staff to Commence with Preliminary Research and Application Process for the San Mateo County Coastal Annexation
AD HOC COMMITTEE'S RECOMMENDATIONS
1. Authorize staff to commence with preliminary research, data collection and planning studies for a potential San Mateo County coast annexation.
2. Authorize a budget transfer from the new land purchases category in the amount of $60,000 to cover the estimated cost of this preliminary process.
At the Board workshop of May 20, 1998 the following four tentative decisions were made:
1. Proceed with a tracking survey on the San Mateo coast. This was formerly authorized at the meeting of May 27, 1998 (see report R-98-64). An executive summary of the results is enclosed with this agenda packet.
2. Proceed with development of coastal advisory committee for review of District policies (scheduled earlier in this agenda).
3. Proceed with development of language and approve advisory ballot measure on the San Mateo coast for November 3, 1998. This item was initially considered at the meeting of June 10, 1998, (see report R-98-71) with final consideration scheduled earlier in tonight's agenda.
4. Authorize staff to proceed with research and planning work on the annexation process.
It was the Board's unanimous desire to proceed with advance research and planning work on a potential annexation process, but to delay any formal Board action until after the results of the advisory election being considered for November 3, 1998 on the San Mateo County coast. The Board has made no determination with regard to proceeding with annexation of any coastal area at this time.
Attached is a memorandum from District Legal Counsel discussing the LAFCO review process for a potential annexation of any coastal area, along with an estimated time line for the annexation process if the Board were to determine to proceed with an annexation. As can be determined from this information, the preliminary planning work that can be accomplished without further formal action on the part of the Board is for District staff to meet with LAFCO to determine the required CEQA process, preparation of the initial CEQA documents, and begin preparing a potential service plan.
This planning process could take from 2 to 6 months, and if started immediately, could possibly be finalized by December. The resulting reports and documentation would provide necessary background data and resources to prepare an annexation application should the Board determine to proceed with an annexation at any time in the future. Such a decision would then require formal action by the Board prior to submittal of an application to the Santa Clara County Local Agency Formation Commission (LAFCO).
The planning work that is proposed cannot be accomplished by existing staff because of the current work load and additional expertise required. It is estimated by staff that the planning and initial CEQA research may cost approximately $60,000 utilizing the services of a consultant. If the CEQA process or other planning processes become more complex than initially anticipated, there could be additional costs and/or time required.
As you know, the District has applied to the Packard Foundation for an initial grant to assist with costs of the public opinion polls, mapping, service plan development and CEQA documentation in the event the District were to determine to proceed with an annexation. The District has not received any word on this grant application, but we remain optimistic. In the event this grant is awarded as anticipated, District expenditures will be reimbursed from the grant funds and a full accounting will be provided by staff.
In the meantime the only discretionary budget source for this expenditure is the new land purchases category. It is therefore recommended that staff proceed with the above discussed preliminary annexation process and that the Board approve an initial budget of $60,000. We recommend that this process begin immediately and that District staff meet with LAFCO staff as soon as possible, preferably within the next two weeks.
Coastal Ad Hoc Committee
Members: B. Crowder, M. Davey, N. Hanko
June 19, 1998
TO: President and Boardmembers
FROM: S. Schectman, District Legal Counsel
SUBJECT: POTENTIAL COASTAL ANNEXATION PROCEDURES
Annexation of territory to the District requires approval of the Local Agency Formation Commission or "LAFCO". The Santa Clara County LAFCO has jurisdiction over District annexations. However, when the territory to be annexed is in San Mateo County, Santa Clara LAFCO refers the matter to San Mateo County LAFCO for a hearing and its recommendation prior to formal action by Santa Clara County LAFCO.
The following is an estimate of the total time period required to complete all the steps legally required to complete an annexation if the Board directed District staff to begin the procedure immediately. The timeline assumes agencies will take the statutorily allotted time to complete each task, assumes all District submissions will be approved upon initial submission that there is no delay to try to negotiate a property tax-sharing agreement with San Mateo County. Some variables (for example, how quickly San Mateo County will schedule their hearing, how long it will actually take to prepare our service plan and environmental document) are not possible to predict at this point.
|1. Prepare draft CEQA document and draft service plan; receive public comment from public and government agencies; hold District hearing to approve environmental document and service plan and adopt a resolution of application to LAFCO; submit application to LAFCO.|
|2. LAFCO determines District's application is complete.|
3. Santa Clara LAFCO sets public hearing; refers matter to San Mateo County for its hearing and recommendation; Santa Clara LAFCO holds its hearing after receipt of San Mateo County recommendation.
* (May be continued up to 2 additional Months)
4. Santa Clara LAFCO adopts Resolution of approval.
* (1 month reconsideration period if requested)
|5. District notices and conducts its own hearings and adopts Resolution of Approval.|
|6. District sends its approval to Santa Clara LAFCO; LAFCO issues Certificate of Completion.|
Thus if this process began July 1, 1998, the process could be completed by April 1, 1999 although this is optimistic.
In order to determine a more accurate timeline, District staff will need to meet with LAFCO staff to determine the scope of review application materials LAFCO will request.
I've attached a flow chart which outlines the annexation process in greater detail for your reference.
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