LAFCO MINUTES: May 22, 2002DRAFT LAFCo MINUTES FOR May 22, 2002
COMMISSIONERS PRESENT:
COMMISSIONERS ABSENT:
STAFF PRESENT:
The meeting was called to order at 9:02 a.m. in the Board of Supervisor’s Chambers, County Courthouse, Chairman McClelland presiding. 4. APPROVAL OF MINUTES OF APRIL 24, 2002 THE MOTION WAS MADE (Curless/Farley) to approve the Minutes from the April 24, 2002 meeting. THE MOTION PASSED 5-0. Alternates Leonard & Strickland present, but not voting.
5A PUBLIC HEARINGS: GARBERVILLE SANITARY DISTRICT PROTEST HEARING Kirk Gothier, LAFCo staff, summarized Resolution #02-02, adopted on March 27, 2002 by LAFCo. Staff has held this protest hearing in accordance with LAFCo regulations. The Chairman needs to call for a show of hands of those protesting the annexation. Chairman McClelland asked the audience for a show of those wanting to protest the adoption of the resolution. No one made known their objection. THE MOTION WAS MADE (Curless/Arkley) to adopt Resolution #02-02 without protest. THE MOTION PASSED 5-0 WITH A ROLL CALL VOTE. Alternates Leonard & Strickland present, but not voting.
5B. PUBLIC HEARINGS: CITY OF TRINIDAD EXTENSION REQUEST Kirk Gothier noted that Counsel feels the evidence presented is weak and does not support making the required findings in Section 56133b of the Government Code. The attorney for the City of Trinidad believes the current City and County general plans support the extension and should be relied upon to make the required findings and approve the request. Staff reviewed the following options for the Commission: (1) The Commission can determine that sufficient evidence does not exist to make the findings and deny the request, (2) The Commission could find that the evidence is sufficient to make the findings, certify the environmental document associated with the request, and approve the requested extension, or (3) The Commission could continue the hearing, asking the applicant to provide more evidence in support of the request. Supervisor Woolley inquired as to LAFCo Counsel’s reasoning for their opinion. Richard Hendry said Carolyn Ruth was currently out of town and he was sitting in for her. He does believe her opinion to be clear as to the Sphere of Influence Map not noting the extension area and the evidence not being present for the making of finding #2. Mr. Hendry also stated the Commission had the discretion to find otherwise. Supervisor Woolley said he was uncomfortable with granting the extension request because of the precedent it would be setting for other districts. Kirk Gothier noted the finding of future annexation was based on the financial feasibility of the annexation in the future. There was no annexation application pending. Jeff Guttero believes the City’s request can be conditionally granted. The currently adopted sphere and plans support the extension. This extension would only be a continuation of business practices as usual. He believes there to be good cause, good reason, and substantial evidence present in order to approve the request. Commissioner Curless asked about providing service to the Rancheria? Jeff Guttero noted the Rancheria is already being served by the City’s water. The current request would serve residences. Chairman McClelland asked if the suggested conditional approval would be based on the approval of the on-going General Plan Update? Jeff Guttero answered no. The approval would be reviewed in the GPU process along with all other service district spheres. Bob Brown, city planner, explained the location of the main water line and the history of extending water service to areas outside the city limits. He feels the evidence is limited to special circumstances and therefore no precedent would be set by approving the extension request. If the Commission decides to deny the request, the City will have to look at a financial restructuring of the current water system. Supervisor Woolley does not feel the special circumstances presented satisfy the precedent issue. Chairman McClelland stated it is a common practice to have an annexation application filed for the area the service would be extended to. He also does not feel that sufficient evidence has been presented to grant the extension request. This extension would clearly be growth inducing. Cumulative effects of the extension have not been properly identified. The extension would also be a deviation from the adopted map. Commissioner Curless asked what would be the case if an emergency existed? Chairman McClelland said clear evidence of an emergency would need to be presented? LAFCo staff and counsel should prepare guidelines on what would constitute adequate evidence for making the required findings. THE MOTION WAS MADE (Woolley/Arkley) to deny the extension request without prejudice and waive the one-year probation period. THE MOTION PASSED 5-0 WITH A ROLL CALL VOTE. Alternates Leonard and Strickland present, but not voting.
6A. NEW BUSINESS: FINAL LAFCo BUDGET FOR FISCAL YEAR 2002-03 Kirk Gothier summarized the budget process thus far. Staff recommends the Commission adopt the proposed budget. THE MOTION WAS MADE (Woolley/Curless) to adopt the budget as presented for fiscal year 2002-03. THE MOTION PASSED 5-0. Alternates Leonard and Strickland present, but not voting.
6B. NEW BUSINESS: SELECTION OF ALTERNATE PUBLIC MEMBER Kirk Gothier announced the selection committee has re-nominated Bill Strickland as the Alternate Public Member. Commissioner Curless noted all the nominees were very qualified. THE MOTION WAS MADE (Curless/Arkley) to accept Bill Strickland as the Alternate Public Member. THE MOTION PASSED 5-0. Alternate Leonard present, but not voting.
6C. NEW BUSINESS: SELECTION OF THE CITY AND DISTRICT MEMBERS Kirk Gothier noted Mayor Farley has renewed his commission for another 4 years. The district members will have further nominations. Commissioner Rooney has elected to re-run. Nomination will be completed by June 10, 2002. Chairman McClelland asked that a letter of commendation be sent to leaving Commissioners, thanking them for their service.
7. PUBLIC APPEARANCES No one appeared before the Commission to present testimony.
8. ADJOURNMENT The meeting adjourned at 9:43 A.M. |