LAFCO APPLICATION NO TIVOLI SPECIFIC PLAN REORGANIZATION TO THE CITY OF MODESTO

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1 PROPOSAL LAFCO APPLICATION NO TIVOLI SPECIFIC PLAN REORGANIZATION TO THE CITY OF MODESTO The City of Modesto has submitted a proposal, by Resolution of Application to: 1) annex approximately 471 acres (gross) to the City of Modesto; and 2) simultaneously detach the subject territory from the Stanislaus Consolidated Fire Protection District. 1. Applicant: City of Modesto. 2. Property Owners: See attached, Exhibit A. 3. Registered Voters: See attached, Exhibit B. 4. Project Location: The boundaries of the proposal are generally located north of Sylvan Avenue, east of Oakdale Road, and west of Roselle Avenue, with the northern boundary to be the future expansion of Claratina Avenue from Oakdale Road to Roselle Avenue. This unincorporated area is located within the City of Modesto s Sphere of Influence. (See maps, Exhibit C ) 5. Parcels of Land Involved and Acreage: There are eighty-five (85) Assessor Parcels involved. The total acreage of the proposal, including adjacent road rights-of-way, is approximately 471 acres. Individual parcels range in size from approximately 0.18 acres to 80 acres. 6. Specific Development Plans: The City of Modesto adopted the Tivoli Specific Plan (TSP) and prezoned the territory. The Tivoli Specific Plan is a proposal for the development of a 454-acre (net) area which includes approximately 286 acres of residential (with a potential of between 1,800 to 3,200 dwelling units); 14 acres of neighborhood-serving commercial; 6 acres of general commercial; 67 acres of regional-serving commercial; 2 acres of professional office space; a 14-acre elementary school site; 30 acres of parks and open space; and 31 acres of interior collector roadways. ENVIRONMENTAL REVIEW The City of Modesto prepared an Environmental Impact Report (EIR) for the Tivoli Specific Plan Project planned for the affected territory (State Clearinghouse # ). The City, as Lead Agency, certified the Final EIR on February 28, Findings and Statement of Overriding Considerations The Modesto City Council identified significant impacts in the FEIR, which could not be eliminated or mitigated to a level of insignificance. The City Council, in certifying the FEIR for the Tivoli Specific Plan Project, adopted certain Findings and a Statement of Overriding Considerations, concluding the significant effects of the project are outweighed by the benefits of the plan. The City also adopted a Mitigation Monitoring and Reporting Plan and filed a Notice of Determination with the Stanislaus County Clerk Recorder s Office. A copy of the Modesto City Councils Resolution No , outlining the significant unavoidable impacts and overriding

2 PAGE 2 considerations and Notice of Determination is attached as Exhibit D. Copies of the Tivoli Specific Plan Project EIR, Volumes 1 & 2, were previously forwarded to the Commission at their April 23, 2008 meeting. LAFCO As A Responsible Agency As the Responsible Agency pursuant to the California Environmental Quality Act (CEQA) Guidelines, the Commission is required to independently review and consider the environmental effects of the project as presented in the adopted Final EIR for the Tivoli Specific Plan Project, prepared by the City as Lead Agency, prior to reaching a decision on the proposal (Section et seq). After such review, the Commission is required to determine if there are any feasible alternatives or mitigation measure(s) within the Commission s power that would substantially lessen or avoid any significant effect the proposal would have on the environment identified in the adopted EIR. Prior to reaching a decision on the proposal, the Commission is also required to make findings pursuant to Sections 15091, 15093, 15096(g)(1), and 15096(h) of the CEQA Guidelines. Based on a review of the environmental documents, the Executive Officer s report, oral and written public testimony and the entire public record, and using independent judgment, the Commission must determine if the environmental documents and related findings of the Lead Agency are adequate for it to make a determination on the proposal. If the Commission determines that the Lead Agency s environmental documents and related findings are not adequate, it may require new or additional environmental studies or it may disapprove the proposed reorganization. Should the Commission determine that the Lead Agency s environmental documents and related findings are adequate, it may conditionally approve the proposed reorganization after making all required findings. As a Responsible Agency pursuant to CEQA, the Commission is required to make the findings below pursuant to the CEQA Guidelines if it wishes to approve this proposal: Find that the Commission complied with the requirements of CEQA Section 15096, et seq., by independently reviewing and considering the environmental effects of the project as presented in the Final EIR for the Tivoli Specific Plan Project prepared by the Lead Agency, the City of Modesto, prior to reaching a decision on the proposal. Find that by using independent judgment and in light of the entire public record, the Commission did not identify any feasible alternative or mitigation measures within its power that would substantially lessen or avoid any significant effect the proposal would have on the environment [CEQA Section 15096(g)(1)]. Find that prior to reaching a decision on the proposal, the Commission made the required findings pursuant to CEQA Sections 15091, 15093, and 15096(h). Staff recommends, upon conclusion of the Public Hearing on this matter, the Commission establish the same findings and the statement of overriding considerations adopted by the City of Modesto, as Lead Agency. FACTORS The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires several factors to be considered by a LAFCO when evaluating a proposal. The following discussion

3 PAGE 3 pertains to the identified factors: (a) Population and Land Use: Population and population density; land area and land use; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated or unincorporated areas, during the next ten years. Current population within the proposal area is approximately 150 persons. There are a total of 99 registered voters within the proposed territories, therefore it is considered to be inhabited as it contains more than 12 registered voters. The proposed annexation area currently consists of approximately 48 existing residential units. The territory is relatively flat and includes agricultural land, scattered residences, a neighborhood commercial and office development (at Sylvan and Oakdale), and two small residential areas. A 5.10 acre piece of property owned by the City of Modesto lies in the center of the proposal and was annexed to the City in Surrounding land uses include agriculture and scattered residences to the north and northeast. west, south, and southeast of the area is developed with residential, commercial, and office uses within the City. Upon annexation, property taxes will be shared in accordance with the City/County Master Property Tax Agreement. The subject territories are located in Tax Code Area The current total assessed land value is $11,628,420. (b) Governmental Structures and Controls: The need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for those services and controls; probable effect of the proposed, annexation, or exclusions and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas. Services, as used in this subdivision, refers to governmental services whether or not the services which would be provided by local agencies subject to this division, and includes the public facilities necessary to provide those services. Essential governmental services which are provided to the subject area at the present time, and which will be provided after the proposal is finalized, are indicated in the following chart: Type: Now Provided By: After Proposed Action Provided By: Law Enforcement Stanislaus County City of Modesto Fire Protection Stanislaus Consolidated Fire District City of Modesto Planning & Zoning Stanislaus County City of Modesto Building Inspection Stanislaus County City of Modesto Street Maintenance Stanislaus County City of Modesto School District Modesto City & Sylvan Union Same Water Private Wells City of Modesto Sewer Septic Tanks City of Modesto Mosquito Abatement Eastside Mosquito Abatement District Same

4 PAGE 4 The City has adopted Ordinance No C.S., prezoning the territory, and Resolution No authorizing the filing of the application for annexation. The action adopting the resolution indicates the City is willing and able to provide services to the territory. Further information regarding the provision of, and financing of, these services is included in the attached Plan for Services provided by the City of Modesto. (See Exhibit E.) (c) Effect of the Proposal: The effect of the proposed action and of alternative actions, adjacent areas, on mutual social and economic interests, and on the local governmental structure of the County. The territory is within an area planned for development within the City of Modesto s General Plan. The proposed land uses proposed for the area are compatible with the surrounding area. There are no known social or economic communities of interest as defined by the Commission in the area. (d) Conformity with Plans: The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned, orderly, efficient patterns of urban development, and the policies and priorities set forth in Government Code Section The proposal is consistent with adopted Commission policies for providing planned, orderly and efficient patterns of urban development, as the site has been prezoned, and is adjacent to the existing City limits and other urban uses. The Tivoli Specific Plan was adopted by the City of Modesto to assure development of the area is logical and orderly, and provides for the necessary urban services. (e) Impact on Agricultural Lands: The effect of the proposal on maintaining the physical and economic integrity of agricultural lands, as defined by Section Agricultural lands means land currently used for the purpose of producing an agricultural commodity for commercial purposes, land left fallow under a crop rotational program, or land enrolled in an agricultural subsidy or set-aside program. The territory requested for annexation includes nine (9) active Williamson Act Contracts on 14 parcels of land. (Contracts Nos ; ; ; ; ; ; ; ; and ) Pursuant to Government Code Section , LAFCO must determine whether a city may exercise an option not to succeed to a Williamson Act Contract upon annexation. A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract, if each of the following had occurred prior to January 1, 1991: 1. The land being annexed was within one mile of the city s boundary when the contract was executed; 2. The City had filed with the local agency formation commission a resolution protesting the execution of the contract; 3. The local agency formation commission had held a hearing to consider the city s protest contract; 4. The local agency formation commission had found that the contract would be inconsistent with the publicly desirable future use and control of the land; and, 5. The local agency formation commission had approved the city s protest.

5 PAGE 5 The City, in its adopted Resolution No , indicated its intent not to succeed to the following Williamson Act contracted lands within the annexation boundary: ; ; ; ; ; ; ; The Commission can make the determination that the City has the option not to succeed to these contracts as the required findings can be made. However, Williamson Act Contract Number , was not protested by the City; therefore the City must succeed to this contract, as the required findings listed above could not be met. In addition, Government Code Section requires LAFCO to condition its approval of the annexation on the City s adoption of rules and procedures for the administration of the contracts to which it will succeed. Upon annexation, the City will be responsible for managing Williamson Act Contract No , consistent with State law. Comments from the Department of Conservation As required, pursuant to Government Code Section , the Director of Conservation was notified of this proposal, which included lands subject to Williamson Act Contracts. The Department of Conservation ( Department ), in their letter dated April 18, 2008, concluded that the City must succeed to the subject contracts based on the absence of a valid protest for each contract. (See Department of Conservation Letter, Exhibit G.) In brief, the Department s letter concluded the following: Pursuant to Government Code (f): It shall be conclusively presumed that no protest was filed by the city unless there is a record of the filing of the protest and the protest identifies the affected contract and the subject parcel. It shall be conclusively presumed that required notice was given before the execution of the contract (emphasis added). Here, the following protests only identified the affected contract numbers (see Resolution Nos , , , , , , , and ) Protest Resolution No only identified the affected subject parcel. Therefore, in the absence of valid protests, the City must succeed to the above contracts upon completion of the proposed annexation. If your Commission accepts the above Department of Conservation s opinion, then the absence of a valid protest would prohibit the Stanislaus Local Agency Formation Commission from determining that the City has the option of not succeeding to the subject contracts. Under the law, the Commission shall determine whether the City may exercise its option to not to succeed to the rights, duties, and powers of the County under the contract. In making this determination, the Commission may request, and the Department of Conservation shall provide, advise, and assist in interpreting the requirements of this section (emphasis added). The letter provided by the Department of Conservation was in response to the required notice, not a specific request for assistance in interpreting the requirements under the law. Although LAFCO Staff has fully considered the Department s opinion, it is Staff s position that, based on the above evidence, the Commission can properly determine that each of the five (5) criteria has been met for the following contracts: ; ; ;

6 PAGE ; ; ; ; ; and the therefore, the City may exercise its option not to succeed to these contracts upon annexation. However, as stated above the City must succeed to Contact No , as the required findings cannot be made, in accordance with Government Code Section Staff s position that the protests of the contracts are valid is based on the following: (1) the City s Resolutions protesting the affected contracts state that the Open Space Contract Applications, which had been referred to the City, had been fully considered as to the effect of said applications; (2) each of the affected Open Space Contracts included maps which identified each of the subject parcels; (3) the public hearings held by LAFCO to consider the protests filed by the City, included the Contract number, name and a map indicating the location of the subject parcel(s). Also, all the agencies, including the County, the City of Modesto, and LAFCO, knew, without any doubt, which subject parcels were under the affected Contracts. The protests were considered by each of these agencies in the actions pursuant to Government Code Section (as in effect at that time). See Williamson Act Documentation, Exhibit H. The Department of Conservation s opinion is based solely on their conclusion that the subject parcels were not adequately identified in the City s protests of the affected contracts, and thus conclusively presumed that the protests do not exist. Presumed by definition is something that is assumed to be true in the absence of proof to the contrary. Sufficient evidence and proof is attached which identifies the subject parcels for each of the affected contracts. In addition, Government Code Section , which became effective in 1999, is prospective and is not to be given retroactive application to actions taken under law as it existed in the mid-1970 s because the provisions of the new law were not, and could not, have been known when these actions were taken. Therefore, Staff believes that substantial evidence and proof has been provided which clearly identifies the subject parcel(s) within the affected contracts, and there is no doubt that the City s protests are valid. Commission Findings Pursuant to Government Code Section , the Commission shall not approve a change of organization that would result in the annexation to a city of territory subject to a Williamson Act contract, unless it makes certain findings. The findings include any of the following: (1) The city or county that would administer the contract after annexation has adopted policies and feasible implementation measures applicable to the subject territory ensuring the continuation of agricultural use and other uses allowable under the contract on a long-term basis. (2) The change of organization or reorganization encourages and provides planned, well-ordered, and efficient urban development patterns that include appropriate consideration of the preservation of open-space lands within those urban development patterns. (3) The change of organization or reorganization is necessary to provide services to planned, well-ordered and efficient urban development patterns that include

7 PAGE 7 appropriate consideration of the preservation of open-space lands within those urban development patterns. The City of Modesto has adopted the Tivoli Specific Plan to ensure that growth and development in the area is planned, well ordered, and provides efficient urban development patterns. Therefore, if the Commission desires to approve the proposal as requested, any one of the above required findings can be made. (f) Definiteness of Boundaries: The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting the proposed boundaries. The proposed boundary includes eighty-five (85) whole Tax Assessor s Parcels and the adjacent rights-of-way, which is consistent with existing annexation boundaries and adopted Commission policies. (g) Consistency with General Plan(s): Consistency with city or county general and specific plans. The County s General Plan designates the majority of the territory of the proposed annexation as Urban Transition, with two small areas in the southwest area designated as Planned Development. The Urban Transition designation anticipates annexation by the City, and therefore the proposal is considered to be consistent with the County General Plan. The proposed annexation area is located within the City s Sphere of Influence. The Modesto General Plan identifies the Tivoli Specific Plan area for future development, and the City-County Master Tax Agreement acknowledges that eventual annexations may occur within the City s Sphere of Influence (SOI). (h) Conformance with Spheres of Influence: The sphere of influence of any local agency which may be applicable to the proposal being received. The territory is within the City of Modesto Primary Area Sphere of Influence. In addition, it is within the Sphere of Influence of the following agencies: Eastside Mosquito Abatement District and the Stanislaus Consolidated Fire Protection District. Upon approval, the territory will be detached from the Stanislaus Consolidate Fire Protection District. This District has a diminishing sphere of influence, which recognizes detachment of territory upon annexation to a city. The proposal is consistent with those adopted spheres of influence and Commission policies. (i) Comments from Affected Agencies and Jurisdictions: The comments of any affected local agency. All affected agencies and jurisdictions have been notified pursuant to State law requirements and the Commission adopted policies. The following agencies submitted comments regarding the proposed Tivoli Specific Plan Reorganization: 1. Stanislaus Consolidated Fire Protection District, in their letter dated April 18, 2008,

8 PAGE 8 stated the detachment of the proposed reorganization area would have a negative effect on District Finances, and the accumulated effect will continue to erode the Fire Districts ability to provide services throughout the District. (See Exhibit I.) 2. Stanislaus County Environmental Review Committee (ERC), in their letters dated April 9, 2008 and April 21, 2008, provided comments from the Fire Prevention Bureau and Department of Environmental Resources (DER). In brief, the Fire Prevention stated that the proposed project would have an adverse fiscal impact on the Stanislaus Consolidated Fire Protection District. The City of Modesto provided responses to the ERC concerns in their letters dated May 2, 2008 (re: Fire services) and May 9, 2008 (re: DER). (See Exhibit J.) 3. The Modesto Irrigation District (MID), in their letter dated April 24, 2008, provided input from the agency s Irrigation, and Electrical Divisions. (See Exhibit K.) (j) Ability to Serve the Proposed Area: The ability of the newly formed or receiving entity to provide the services which are the subject of the application to the area, including the sufficiency of revenues for those services following the proposed boundary change. The City of Modesto will provide all municipal services to the annexation area, such as domestic water, sewage, storm drainage, police and fire protection, street construction and maintenance, and street lighting. The City has master facility and services plans in place to accommodate development within the General Plan and the Tivoli Specific Plan area. As part of the Tivoli Specific Plan implementation, two companion documents are required to be adopted along with the Specific Plan, before final discretionary or ministerial approvals can be permitted by the City. These documents, the Facilities Master Plan and the Infrastructure Finance Plan, have not yet been adopted by the City of Modesto. The plans require the necessary services and facilities to be in place as development occurs. Wastewater Treatment and Disposal The City of Modesto s Wastewater Treatment Plant has approximately 50 million gallons per day (MGD) of treatment capacity and 24.2 MGD of disposal capacity, based on 10 th percentile river flow. Current usage is nearly 26 MGD, meaning that there is approximately 24 MGD of treatment capacity available. The City is currently in the process of constructing several projects that will increase its wastewater disposal capacity, such as the Dissolved Air Flotation (DAF) project (expected to be completed in 2008) and the Phase 1A Tertiary Treatment Plant project (expected to be completed in 2010). The City has also updated its sewer rates and connection fees, which will be used to bond for the first phase tertiary treatment facility. According to the City s Plan for Services, the City s current wastewater collection system and treatment facilities would be impacted by the development of the Tivoli Specific Plan (TSP) area. The TSP area would connect to the Sonoma Trunk line located on the south side of Sylvan Avenue, east of Oakdale Road. If funding is not available in a timely manner, then the project developers would be responsible to install all on and off site wastewater collection system improvements necessary to serve the project area.

9 PAGE 9 The TSP area will have an estimated average dry weather sewer flow of 1.1 million gallons per day (mgd). The sewer collection for the TSP area will be provided by connection to the existing Sonoma Trunk Sewer. Sewer will be collected within the TSP area through a system of main and trunk sewers. The Sonoma Trunk will be continued north through the TSP area and be stubbed for future development to the north. The Sonoma Trunk will be extended and appropriately sized for the TSP area (approximately 24 and 27 inch diameter). Local laterals will convey flows to the Sonoma Trunk. A sewer lift station will be located near Sylvan Avenue (somewhere between Wood Sorrel Drive and Aria Way). The proposed lift station and force main will overcome the shallow depth of the existing Sonoma Trunk downstream of the TSP area. Actual design and size of lines and pumping facilities will be determined by the City s Tivoli Facilities Master Plan. Storm Drainage Storm water service will be provided to the project as identified in the Tivoli Specific Plan and EIR Mitigation Measures. Storm drainage will be captured locally. The storm drains will be sized to convey the 10-year, 24-hour duration storm. Detention basins will be sized to contain the 100-year, 24-hour storm. The TSP area is not located within any FEMA designated flood plains. The TSP project proposes two (2) detention basins: 1) a central basin which would detain the 100-year runoff event for the northeastern and central portion of the site (about 80% of the area); and 2) a westerly basin system which would serve the southwestern portion of the site. Flows from the westerly basin system would be pumped into the central basin, and from the central basin the runoff would be pumped into a Modesto Irrigation District (MID) lateral about a mile north. The project developers would be responsible to install storm drainage system improvements necessary to serve the project area. Fire Protection Currently, the Stanislaus Consolidated Fire Protection District (SCFPD) provides fire protection and emergency services to the TSP area and surrounding area outside the Modesto city limits. The SCFPD has six fire stations, with a separate facility located at 3705 Oakdale Road, in the City of Modesto, which functions as the administrative headquarters. The TSP project area is currently located within the District s service area of Fire Station No. 36. The station is approximately 3 miles from the TSP project area, and is located at 3318 Topeka Street, in the City of Riverbank. Backup is provided by Fire Station No. 31, located at 461 Mitchell Road, Modesto, approximately 4 miles south of the TSP project site. The SCFPD average response time for all incidents within the urban areas of its service area is approximately 6 minutes. The SCFPD has an ISO rating of 4 when water is available, and an ISO rating of 9 when it is not. Fire protection within the City limits is provided by the Modesto Fire Department (MFD). The MFD is also Modesto s first responder to many emergency situations. Fire stations are strategically located to provide rapid response, and fire engines are equipped with life-saving equipment. The MFD service area is approximately 38 square miles, serving approximately 72,615 residential units. According to the Modesto Fire Department, the City will be able to provide adequate fire service to the proposed annexation area, upon reorganization.

10 PAGE 10 The MFD employs a total of 175 people. The largest division with 162 people is the Fire Suppression division. This division primarily provides direct fire and emergency services. These firefighters operate through three shifts and are on duty 24 hours per day, 7 days a week. The MFD s Fire Prevention division is staffed by ten people: a Fire Marshal, a Deputy Fire Marshal, two fire investigators, four Fire Technicians, and two administrative assistants to direct most fire prevention programs. The MFD consist of 11 fully staffed stations. Each station is equipped with at least one Type 1 engine and three firefighters, with Crash and Fire Rescue unit and purple K (dry chemical) units at Station No. 8 and an Advanced Life Services (ALS) unit at Stations No. 4 and No. 9. Station No. 8 also houses a specially designed Aircraft Rescue/Fire Fighting apparatus. At least 51 firefighters, including one battalion chief, are on duty each 24 hours shift. Each fire engine is accompanied by a captain, an engineer, and a firefighter. Each ladder truck is accompanied by a captain, an engineer, and two firefighters. Modesto Fire Department has an ISO rating of 2. Two additional stations are proposed to be constructed: Fire Station No. 12, in the northeast portion of the City of Modesto east of the proposed annexation area between Roselle Avenue and Litt Road on land planned to be part of the future Mary E. Grogan Park; and Fire Station No. 13, in the north central portion of the City. Upon completion of the proposed Fire Station No. 12, the proposed annexation area would be located in its primary service area. The EIR provides a Mitigation Measure that requires project developers to fund the construction of a new fire station when development occurs in the northeast portion of the Tivoli Specific Plan. The proposed annexation area is located in the primary service area of Fire Station No. 7, located at 1800 Mable Avenue (about one-half mile west of the western edge of the proposed annexation area) and would be able to maintain the service standard of a first in (one engine company) response time of six minutes to the project area after development. Fire Station No. 7 has three personnel and is equipped with one Type 1 engine. The proposed annexation area is located in the secondary service area of Fire Station No. 5, at 200 West Briggsmore Avenue (approximately 3.5 miles to the south and west). Fire Station No. 5 has seven personnel and is equipped with one Type 1 engine and one ladder truck. Fire Station No. 9, located at 4025 Fara Biundo Drive (about 3 miles to the south and east), serves the northeastern portions of Modesto and would also respond to calls from the proposed annexation area. Fire Station No. 9 has three personnel and is equipped with one type 1 engine. Police Protection The Stanislaus County Sheriff s Department currently provides law enforcement services to approximately 100,000 people over an approximately 1,520 square-mile area. The Sheriff s Department currently serves the proposed annexation area and its vicinity, beyond the existing Modesto city limit, from the Sheriff s Operations Center at 250 E. Hackett Road in the City of Modesto. The proposed annexation area is in Beat Area 2. This area includes all land beyond the existing City of Modesto limit from Carver Road to the eastern edge of the community of Empire and from the Tuolumne River north to the San Joaquin County line. Currently, 215 sworn and 178 non-sworn sheriff officers are on staff. There is currently a ratio of patrol deputies for every 1,000 citizens, which allows for an average response time of approximately 8.34 minutes for Priority One calls (defined as calls concerning crimes in progress); 9.27 minutes for Priority Two calls; and minutes for Priority Three calls.

11 PAGE 11 The Modesto Police Department (MPD) has a total of 367 officers. Currently, there are 262 sworn officers, assigned to various units and divisions, and the MPD has authorization for 275 sworn officers positions. There are an additional 105 non-sworn officers, though the City has authorization for 108; 38 of these officers are authorized Community Service officers. The MPD is funded by the City General Fund through a yearly budget process. The MPD consists of three (3) divisions: Operations, Investigations, and Support. Some of the programs that constitute the services provided by the MPD are: 24-hour Patrol Services, Investigative Services, Information Services, Traffic Enforcement, Property Crimes, Crime Prevention, Public Relations, Records, Youth Services, Volunteer Units, and Dispatch. The Operations Division provides the bulk of the daily law enforcement, with personnel divided into four shifts per 24-hour period. The MPD maintains patrol cars, or beats, on City streets at any given time. Patrol detail is structured to allow for fluctuation with changes in demand. In addition, the MPD responds to requests from other agencies outside the City limits when necessary, including requests from the Stanislaus County Sheriff s Department and the California Highway Patrol. The MPD responds to emergency calls related to crimes in progress, threats to public safety, traffic accidents and other urgent requests. The response rate is determined by the number of full-time police personnel per 1,000 citizens and varies by type of incoming call. The current office to population ratio is 1.25 officers per 1,000 residents. Calls reporting crimes in progress (Priority 1P) receive the highest priority and the quickest response. The majority of other calls report crimes that have just occurred and/or situations where a police unit is needed as soon as possible. At the current ratio of 1.25 full-time police personnel per 1,000 citizens, the department is able to answer Priority 1P calls within 4.42 minutes and all other calls within approximately 33 minutes. The MPD operates from two main facilities: the Gerald L. McKinsey Modesto Police complex located at th Street, and the Police Operations Building located at th Street. The MPD currently serves the 36.2 square-mile area of the incorporated City of Modesto. In addition, four command areas operate from local facilities. These local facilities are strategically located throughout the City to improve the quality of community life and to improve citizen-police relations by effectively communicating a police presence. The local command office provides a police presence with mostly community service officers. Core police services, patrol and field services, investigative services and support services are based at the main police complex at th Street. The area command office for northeast Modesto is located at 3705 Oakdale Road, immediately west of the proposed annexation area. The proposed annexation area is contiguous to Beats 75 and 76 of the Northeast Area Command. The proposed annexation area would be included as part of Beat 76. The MPD patrol area for the northeast portion of the City is bounded by McHenry Avenue on the west, Dry Creek on the south and North Santa Fe Avenue/Santa Fe Railway Railroad on the east. The northern boundary of the patrol area is defined form east to west by Sylvan Avenue, Oakdale Road and Claratina Avenue. The patrol are also includes the recently opened James C. Enochs High School on the north side of Sylvan Avenue immediately east of the proposed annexation area. Based upon the information provided above, the Modesto Police Department (MPD) will be able to provide adequate service to the proposed annexation area, upon reorganization.

12 PAGE 12 Tivoli Facilities Master Plan and Infrastructure Financing Plan - The City of Modesto is in the process of adopting a Facilities Master Plan (FMP) and Infrastructure Financing Plan (IFP) for the Tivoli Specific Plan Area. These plans provide for the public facilities phasing and financing plan for the development of the Tivoli Specific Plan area. (k) Water Supplies: Timely availability of water supplies adequate for projected needs as specified in Government Code Section The City of Modesto has been providing potable water service to its urban area since 1895 through the purchase and acquisition of several private water companies. Until 1995, the sole source of water supplies to the City was groundwater from the Modesto and Turlock groundwater subbasins. Groundwater levels have declined from 1924 through current years, particularly in the downtown area, due to increasing urban uses. The City supplies approximately 60 percent, on average, of its water from city-owned and operated wells. As of 2005, the City presently operates 118 drinking water wells located throughout the City s entire service area, 97 of which are operational. The current design capacity of the City of Modesto s groundwater wells is 129 million gallons per day (mgd). The wells are located in the Modesto and Turlock groundwater subbasins. In general, the City of Modesto and its contiguous service areas (Salida and Empire) located north of the Tuolumne River, rely on treated surface water year-round. Surface water supplies are augmented with groundwater to meet increased demands in summer months. Demands originating south of the Tuolumne River are met with groundwater supplies year-round. Surface Water Historically, groundwater has been depleted near Modesto, which resulted in a cone of depression. However, this cone of depression began to recover in 1994 when the City of Modesto and MID formed the Modesto Regional Water Treatment Plant (MRWTP) to provide surface water to the City of Modesto s Municipal Water System to areas north of the Tuolumne River, in order to offset groundwater usage. According to the Department of Water Resources (DWR) report called California s Groundwater, also referred to as Bulletin 118, groundwater levels in the Modesto subbasin rose nearly six feet from 1996 to Water levels in the Turlock subbasin, similarly, rose about seven feet from 1994 to Although the City has recently increased its groundwater pumping to meet current growth demands, current groundwater production is still less than historic highs and overdraft conditions have not yet occurred in either subbasin. The City of Modesto has elected to continue to diversify its water supply alternatives by developing additional surface water supplies to offset groundwater pumping. Therefore, the City is in the process of increasing treatment and delivery capacity of surface water at the Modesto Regional Water Treatment Plant (Phase Two). Phase Two of the MRWTP will expand the plant from 33,602 to 67,204 acre feet per year

13 PAGE 13 (AFY) of surface water supplies to offset groundwater pumping to meet the demands north of the Tuolumne River. The groundwater that is not pumped will be stored or banked in the groundwater basin to be used by the City of Modesto for meeting future demands in normal and dry years. It is anticipated that the increases in capacity will be complete by The City is also evaluating a potential Surface Water Supply Project (SWSP) with the Turlock Irrigation District (TID) and a Phase Three expansion with MID which could result in additional treated water deliveries. For example, the SWSP could provide up to 12,881 AFY of surface water supplies to offset groundwater pumping to meet demands south of the Tuolumne River. The City has developed a groundwater budget that conservatively assumes that pumping at current levels (approximately 46,275 AFY) will result in constant groundwater levels over time. Because demands are first met with surface water supplies and groundwater is used only to meet demands in excess of the surface water delivered, the Phase Two MRWTP will result in reductions in groundwater pumping by the City of Modesto. In years in which groundwater pumping falls below the current average pumping volume of 46,275 AFY, the City may store or bank the unused groundwater in the basin for later use. Tivoli Specific Plan (TSP) The Tivoli Specific Plan (TSP) area is located in the northeast area of the City s contiguous water distribution system serving the City of Modesto and communities of Salida, Empire, and north Ceres. The City s water system is experiencing marginal water pressure reliability, which is primarily caused by the loss of fourteen (14) wells over the past several years and to increased demands from new growth. This water supply loss coupled with increased water demand necessitates the addition of a new water supply source for the TSP area in order to maintain adequate water pressure. A Water Supply Assessment (WSA) for the Tivoli Specific Plan project area was prepared and subsequently adopted by the City of Modesto on July 5, The WSA determined that, while development of the project area would increase the demand for potable water, there would be sufficient water supply to serve the project site. The total average annual water demand for the Tivoli Specific Plan (TSP) area is estimated at 1.23 million gallons per day (mgd) or 1,378 acre-feet per year (AFY). An existing City of Modesto well, tank, and booster pump are located in the center of the TSP area. These existing facilities are part of the City of Modesto s overall water transmission system, which includes a 16-inch line running through the site and a 30-inch line adjacent to the site in Oakdale Road. However, these existing facilities may not be available to serve the TSP area until expansions to the City s water treatment plant and transmission facilities are complete. In the future, there is potential that the existing above groundwater tank may be replaced with a larger underground water tank and the site may be developed as a public recreation facility. Both groundwater and surface water will be used to supply the TSP area. Two new water wells would be required in order to maintain adequate water pressure in the City s delivery system. The new wells must have sufficient reliable production capacity in order to meet or exceed the Tivoli project s peak-hour demand needs of 2,162 gallons per minute (gpm).

14 PAGE 14 Long-term assured water supply can be made on the condition that Phase Two of the MRWTP is operational and water deliveries are accepted prior to build out of the Tivoli Specific Plan area. Water will be distributed within the TSP area via the City s Grid System. Connections will be made to the existing water mains in Sylvan Avenue and Oakdale Road. The water supply system will consist of 12- and 16-inch mains around the perimeter; and 8- and 10- inch mains on the interior of the TSP. Actual design and size of lines will be determined by the City s Facilities Master Plan. New wells coupled with a combined capability of producing a peak-hour supply of at least 2,162 gallons per minute (gpm) and a maximum-day supply of approximately 6.57 acrefeet/day is required prior to first occupancy within the Tivoli project area. The new wells are expected to be accepted and operational with acceptance of subdivision improvements. Although the TSP area is adjacent to an area supplied by treated surface water from the MRWTP, there is no surplus capacity available to serve this area until after the planned expansion of the surface water treatment plant (MRWTP Phase Two). Phase Two of the MRWTP is planned to increase the treated surface water supply City-wide from 33,602 AFY to 67,204 AFY on an average annual basis. The Phase Two MRWTP facilities are planned to include expansion of the treatment plant and improvements to the City s distribution system including storage tanks and transmission lines. These improvements are projected for operation by the year 2009 and, according to the City s WSA, will benefit the Tivoli project area by providing additional conjunctive use supplies to the City. Until the MRWTP Phase Two and associated distribution system improvements (tanks, booster pumps, and pipelines) are complete, the Modesto water system will continue to be susceptible to low pressures during peak summer demand. The City collects water fees to cover wells and main water lines. If funding is not available in a timely manner, then the project developers would be responsible to install the wells and all water system improvements necessary to serve the project area. (l) Regional Housing Needs: The extent to which the proposal will affect a city or cities and the county in achieving their respective fair share of the regional housing needs as determined by the appropriate council of governments consistent with Article 10.6 (commencing with Section 65580) of Chapter 3, Division 1 of Title 7. The City of Modesto s certified Housing Element indicates housing construction needs of 15,347 units for the period of Since 2001, approximately 3,227 new housing units have been built within the City of Modesto, leaving an adjusted total need of 12,120 new housing units. Annexation for residential development of the Tivoli Specific Plan (TSP) area, at build-out, will provide between 1,855 to 3,241 dwelling units, which would assist the City in meeting its long term housing goals. In addition, the TSP includes a Medium-High Density Residential designation which is intended to provide approximately 924 units to meet the project s share of affordable housing consistent with the adopted Housing Element.

15 PAGE 15 The TSP also provides for a range of different housing types and styles particularly in the Low Density Residential (LDR) and Medium Density Residential (MDR) designations, which may also provide affordable housing. In addition, the TSP encourages a range of housing types that include duplexes, triplexes; four-plexes, townhouses, row houses, courtyard and alley loaded homes on small lots, conventional apartments, and stacked flats. A variety of housing choices increases opportunity to provide entry level and step-up housing. Based on the above, the proposal would reasonably assist the City of Modesto in achieving its fair share of the regional housing needs, as required under Government Code Section (m) Landowner Comments: Any information or comments from the landowner or owners. No information or comments, other than what was provided in the application, have been submitted. (n) Other Land Use Information: Any information relating to existing land use designations. There is no other land use information related to this project. (o) Environmental Justice: The extent to which the proposal promotes environmental justice. Beginning January 1, 2008, Government Code Section 56668(o) requires that LAFCO consider the extent to which proposals for changes of organization will promote environmental justice. As defined in the statute, environmental justice means the fair treatment of people of all races, cultures, and incomes with respect to the location of public facilities and the provision of public services. While staff is not aware of any specific intent to promote environmental justice in the determination of the subject proposal area boundaries or in the decision to annex the area to the City of Modesto, staff has determined that approval of the proposal would not result in the unfair treatment of any person based on race, culture or income with respect to the provision of services within the proposal area. Furthermore, staff believes that all proposed public facilities and the public services to accommodate the planned development of the Tivoli Specific Plan area could support this objective. DISCUSSION The boundaries of the proposal for reorganization include approximately 471 gross acres. The area is adjacent to the City limits and has been prezoned by the City of Modesto. The City, in its resolution authorizing an application for annexation, indicates that it has the ability to provide the necessary services for development within the territory. Annexation is appropriate when it can be shown that the City can provide all the necessary services for development and it is consistent with the Commissions adopted policies to provide planned, well ordered and efficient development patterns.

16 PAGE 16 Williamson Act Considerations As previously discussed, there are nine (9) Williamson Act contract within the boundaries of the proposal. The City has indicated its intent not to succeed to the eight (8) of the Williamson Act contracts upon annexation. Evidence has been presented for the Commission to make the determination pursuant to Government Code Section that the City may exercise its option not to succeed to Williamson Act Contracts: ; ; ; ; ; ; ; and , as the required findings can be made. However, the City must succeed to Williamson Act Contract No , as the required findings cannot be made. As the City must succeed to this Contract, they will be responsible for managing the Contract upon annexation and may not authorize urban development within an agricultural preserve. The law allows LAFCO to approve annexations of prime agricultural lands when the Commission can find that planned, orderly and efficient development of an area would be promoted, and that there is appropriate consideration of the preservation of open-space lands within those development patterns (Government Code Section ). It appears from this proposal that the necessary finding can be established as the City has prezoned the territory and adopted the Tivoli Specific Plan, which provides for a planned, well-ordered, and efficient development patterns, while ensuring that adequate services can and will be provided to the subject area. CEQA Determinations If the Commission feels that the Tivoli Specific Plan FEIR is adequate, the Commission s resolution should include one or more findings required by CEQA Guidelines Section 15091(a) for each significant effect of the project and make findings in Section 15093, as necessary, to adopt statements of overriding considerations, and file a Notice of Determination in compliance with Section 15096(i). Staff recommends the Commission establish the same findings and statement of overriding considerations adopted by the City of Modesto, as Lead Agency. CONSISTENCY WITH ADOPTED COMMISSION POLICIES The Commission s adopted policies focus on discouraging urban sprawl and encouraging the orderly formation and development of local government agencies, based on local conditions and circumstances. Generally, annexation proposals which conform to the overall policies and purposes of LAFCO will be approved if it can be shown that: (1) the range and level of services currently provided can be maintained in the annexation area; (2) urban development is imminent and contiguous with existing boundaries; and (3) a planned, orderly and compact urban development pattern will result. In reviewing all the information provided, staff believes the Tivoli Specific Plan Reorganization is consistent with the overall adopted policies and recommends approval. ALTERNATIVES FOR COMMISSION ACTION After consideration of this report and any testimony or additional materials that are submitted at the Public Hearing, the Commission should consider taking one of the following options: Option 1. APPROVE the proposal, as submitted by the City of Modesto.