Public Hearing to consider and adopt Resolution 2022-08 approving the El Macero County Service Area (CSA) Sphere of Influence Amendment and Annexation for 27384 Eagle View Court (LAFCo No. 22-01), waiving the protest proceedings, subject to findings and conditions contained in the resolution

1. Receive staff presentation and open the Public Hearing for public comments on the item.
2. Close the Public Hearing and consider the information presented in the staff report and during the public hearing.
3. Adopt Resolution 2022-08 (attachment A) approving the El Macero County Service Area (CSA) Sphere of Influence Amendment and Annexation for 27384 Eagle View Court (LAFCo No. 22-01), waiving the protest proceedings

None. LAFCo will be reimbursed for staff time associated with processing this request in accordance with the adopted fee schedule.

Yolo LAFCo approved an extension of water and sewer services to the subject parcel on July 23, 2020 due to health and safety issues with the previous individual system (LAFCo No. 936). During this 2020 item, the property owner agreed to submit an application to annex into the El Macero CSA since the parcel utilizes a driveway access easement off of El Macero streets and benefits from CSA services. The property is not currently within the CSA's sphere of influence, which also needs to be amended in order to provide for annexation. 

In October 2003, Lois Mace Chappell and her husband, Grant Chappell, deeded an easement across their own lot in El Macero to the subject property immediately behind it for "utilities, ingress, egress and access over, under, across and through the westerly 15 feet of Lot 396 as shown on the map of El Macero Unit No. 5". Lois Mace Chappell is the daughter of C. Bruce Mace who developed the El Macero County Club and original 175 surrounding lots.

The subject parcel is 5.01 acres in size, zoned Agricultural Intensive (A-N), and is developed with a single family home, outbuildings and a small vineyard. The property is located outside of and immediately adjacent to the southeast corner of the existing El Macero CSA boundary but has been accessed via El Macero streets since the access easement was deeded in 2003 as discussed above (see attached map). The El Macero CSA was established on February 16, 1969 in order to provide services to the El Macero unincorporated community. At formation, the CSA was authorized to provide water, wastewater, and storm drainage services that it had assumed from former maintenance districts. In 1971, the Board authorized street sweeping and street lighting services. In 1994, the Board approved the addition of street improvements/maintenance and street right of way landscaping work.

This request for SOI amendment and annexation was initiated by landowner petition and submitted to LAFCo on February 4, 2022. The landowners are Eric and Kate Stille. The El Macero CSA currently does not have a sphere of influence (SOI), which indicates areas intended for annexation. The Board of Supervisors approved the property tax exchange on April 8, 2022 resolving that no taxes will be exchanged as a result of annexation and will add assessments for services to property tax bills (Attachment B). The subject parcel will not be detached from any other district boundaries. 
 
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH), Government Code Section 56668.3, outlines the following factors to be considered by the Commission for a reorganization that includes the annexation of territory to any district:

1. Whether the proposed annexation will be for the interest of present and future landowners and inhabitants within the territory to be annexed;
2. Any resolution raising objections (financial or service concerns) that may be filed by an affected agency;
3. The adequacy of existing and planned future services to meet the probable future needs of the territory; and
4. Any other information which the commission deems appropriate for consideration.

The proposed SOI amendment and annexation is in the public interest, no affected agency objections have been filed to the proposal, the El Macero CSA has capacity (including water and sewer from the City of Davis) to serve the project.  
 
Public/Agency Notification and Waiver of Protest Proceedings
Staff met with the El Macero CSA Citizens Advisory Committee (CAC) on May 12, 2022 and two issues were raised regarding this proposal as discussed below. Both issues relate to the parcel’s access to El Macero streets, which is sensitive because CSA residents assess themselves for a higher level of street maintenance than the County baseline. A letter related to these issues from Richard Lauckhart dated May 13, 2022 is included in the attached correspondence (Attachment B). Summary of issues:

1. The subject property has been utilizing CSA roads since 2003, benefiting from street improvements without paying any assessments. To resolve this issue, the landowners have agreed to pay CSA street fees retroactive to when they purchased the property approximately six years ago. This has been added as a condition of approval.
2. When the contractor was doing the construction to connect to water and sewer utilities in Eagle View Court, the street surface needed to be cut into. Residents began complaining before the permit was finaled/completed. The CSA Manager directed public works staff to add a condition to the permit to ensure the contractor brought the road up to standard. However, due to resident complaints about the inconsistent surfacing, impatience with the County’s process in place to resolve it, and that the CSA was actively resurfacing streets elsewhere at the time which would ensure a consistent look to the street surface, the CSA paid the additional cost to resurface it for approximately $5,000. Frustration from two residents came up at the May CAC meeting that the contractor should have borne this cost and not the CSA. However, this issue is not directly related to the SOI amendment and annexation, and ultimately the CAC voted 4-1 support the proposal.

LAFCo provided notice of the public hearing to the landowners and registered voters within 300' of the subject parcel. A notice was also published on August 31, 2022 in the Davis Enterprise. No other objections have been received from any affected or interested agency, landowners or the general public (other than what's discussed above). Pursuant to the CKH, Sections 56662 and 57002, the Commission may waive protest proceedings entirely because 100% of the landowners within the affected territory have consented to the proposal. 
 
CEQA
Staff has reviewed the project and recommends that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15061(b)(3) of the CEQA Guidelines, “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The project is exempt also per Section 15320 consisting of changes in the organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Extended water and sewer services were authorized to this parcel that was already fully developed in 2020. This change of organization to the El Macero CSA does not involve any additional development or construction and merely adjusts district boundaries to the existing condition.