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File #: 24-246    Version: 1 Name:
Type: Resolution Status: Passed
File created: 3/13/2024 Departments: GOVERNING BOARD
On agenda: 4/9/2024 Final action: 4/9/2024
Title: Acting as the Governing Board of the Fair Oaks Sewer Maintenance District, conduct a hearing: A) Open public hearing B) Close public hearing C) Adopt a resolution: 1. Ordering the annexation of the Lands of MAK Revocable Trust (1034 Ca?ada Road, Woodside, APN 072-060-400) to the Fair Oaks Sewer Maintenance District; and 2. Authorizing execution of a supplemental agreement between the Town of Woodside and the Fair Oaks Sewer Maintenance District for the transfer of a sewer connection in the Redwood Creek Sewer Assessment District; and 3. Directing the Director of Public Works to transmit a copy of the resolution ordering annexation and file maps of said annexation with the appropriate agencies.
Attachments: 1. 20240409_r_Lands of MAK Revocable Trust, 2. 20240409_a_2023-7639 1034 Canada to FOSMD, 3. 20240409_att_Exhibit A 1034 Canada Rd Geographic Description, 4. 20240409_att_Exhibit B 1034 Canada Rd Map

Special Notice / Hearing: Complied with

10 Day Notice and Publication;

Special Hearing Required

      Vote Required:  Majority

 

To:                      Honorable Board of Supervisors, Acting as the Governing Board of the Fair Oaks Sewer Maintenance District

From:                      Ann M. Stillman, Director of Public Works

Subject:                      Annexation of Property to the Fair Oaks Sewer Maintenance District - Lands of MAK Revocable Trust

 

RECOMMENDATION:

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Acting as the Governing Board of the Fair Oaks Sewer Maintenance District, conduct a hearing:

 

A)                     Open public hearing

 

B)                     Close public hearing

 

C)                     Adopt a resolution:

 

1.                     Ordering the annexation of the Lands of MAK Revocable Trust (1034 Cañada Road, Woodside, APN 072-060-400) to the Fair Oaks Sewer Maintenance District; and

 

2.                     Authorizing execution of a supplemental agreement between the Town of Woodside and the Fair Oaks Sewer Maintenance District for the transfer of a sewer connection in the Redwood Creek Sewer Assessment District; and

 

3.                     Directing the Director of Public Works to transmit a copy of the resolution ordering annexation and file maps of said annexation with the appropriate agencies.

 

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BACKGROUND:

The Fair Oaks Sewer Maintenance District (District) entered into an agreement with the Town of Woodside (Town) on April 2, 1968 (Agreement) for the provision of sewage transmission and disposal of wastewater collected through the District facilities for properties within the corporate limits of the Town and within the Town’s Redwood Creek Main Trunk Sewer and Glens Collection System Assessment District (Assessment District). The subject property is within the Town and outside of the original boundary of the Assessment District.

 

The MAK Revocable Trust is the current owner of the property within the Town at 1034 Cañada Road, which is also identified as Assessor’s Parcel Number 072-060-400. The owner has requested that the property be annexed to the District in order to receive sewer service. A hearing to consider an annexation to the District is required pursuant to Section 5820 et. seq. of the Streets and Highways Code.

 

This Board adopted Resolution No. 080220 on March 12, 2024 which set 9:00 A.M. on Tuesday, April 9, 2024 at the regularly scheduled Board meeting, as the time and place for a hearing to consider the annexation of the Lands of MAK Revocable Trust.

 

DISCUSSION:

The Agreement provides that no parcel exterior to the boundary of the Assessment District shall be permitted to connect to the sewer system acquired or constructed by the Assessment District without first obtaining the approval of both the Town and the District. The Town has consented to the annexation by adopting their Resolution No. 2023-7639 on November 28, 2023 (attached), which authorizes the Town Manager to execute a supplemental agreement for the transfer of a certain unused sewer connection within the Assessment District to the Lands of MAK Revocable Trust in order to maintain the integrity of the purchased sewer treatment capacity of the Assessment District. The District will be able to provide sewer service to the property if this Board approves the execution of the supplemental agreement.

 

The District prepared a geographic description and plat map for the property being considered for annexation, which are attached to the Resolution as Exhibits “A” and “B”, respectively. The hearing to consider the proposed annexation has been properly noticed. Therefore, the District is recommending that the supplemental agreement be authorized and the annexation be approved.

 

County Attorney has reviewed and approved the resolution and supplemental agreement as to form.

 

FISCAL IMPACT:

The property owner has paid or will pay all required fees for the parcel as follows:

 

                     Annexation Processing Fee:                                                                                                                              $1,800

                     District Connection Fee:                                                                                                                                                   $5,960

                     Plan Review Fee:                                                                                                                                                                           $300

                     Sewer Inspection Permit Fee:                                                                                                                                 $300

                     Miscellaneous Services Fee:                                                                                                                                 $200

                     State Board of Equalization’s Recording and Mapping Fee:                                             $350

 

If the annexation is approved, the property owner will be subject to the annual sewer service charge levied by the District, which has been set for $1,055 for FY 2023-2024. The property owner will construct and pay for the sewer lateral that is necessary to bring sewer service to this property.

 

There is no impact to the General Fund.

 

Attachment: Town of Woodside Resolution No. 2023-7639