Mar 17, 2022 LAFCO Meeting

[I. CALL MEETING TO ORDER]

[00:00:16]

ALL RIGHT.

COMMISSIONER ESPINOSA.

ALL RIGHT.

COMMISSIONER SERATO, COMMISSIONER PORTEO COMMISSIONER MCDANIEL AND CHAIR NAGGY RESIDENT.

OKAY.

AND WE DON'T HAVE, UH, THE COUNTY SUPERVISOR, UH, COMMISSIONER SOLVERA HERE.

SO, UM, UH, COMMISSIONER MCDANIEL WILL BE A VOTING MEMBER TODAY AND EVERYONE HERE IS A VOTING MEMBER THEN.

OKAY.

AND WE HAVE FORUM NUMBER FOUR IS OUR

[IV. CONSENT CALENDAR]

I HAVE A MOTION BY COMMISSIONER.

SERATO IS SECOND BY COMMISSIONER ESPINOSA.

ALL THOSE IN FAVOR BY SAYING, AYE.

AYE.

OPPOSED MOTION CARRIED ITEM FIVE, CITIZENS COMMUNICATION.

THIS IS THE PUBLIC'S OPPORTUNITY TO ADDRESS THE LOCAL AGENCY FORMATION COMMISSION ON ITEMS OF INTEREST OVER WHICH LOCAL AGENCY FORMATION COMMISSION HAS JURISDICTION.

DO WE HAVE ANY CITIZEN COMMUNICATION THIS MORNING SEEING NONE? WE'LL MOVE ON.

NUMBER SIX,

[VI. A. Annexation of the Joe Stephani Elementary School to the Franklin County Water District (FCWD) - LAFCO File No. 0692 - and the associated Amendment to the FCWD Sphere of Influence - LAFCO File No. 1050E: The proposal involves annexation of 15.17 acres of land located at 2760 North Ranchero Lane containing the Joe Stephani Elementary School into the FCWD, and the associated expansion of the Sphere of Influence (SOI) of the FCWD to include the school property and, as recommended by LAFCO Staff, an additional four one-acre homesite parcels located north of the school site and south of Dan Ward Road involving a total of 19.17 acres and waiver of protest proceedings as provided for in Resolutions 0692A and 1050E. The actions requested are to make a determination that the applications are exempt from environmental review in accordance with CEQA Guidelines section 15301 "Existing Facilities" and approve, modify or deny the applications.]

AND THE ASSOCIATED AMENDMENT OF THE FC WD SPEAR OF INFLUENCE LAFCO FILE.

NUMBER 1 0 5 0 E.

THANK YOU, CHAIRMAN NAGGY.

UH, GOOD MORNING COMMISSIONERS.

MY NAME IS TIFFANY HILL.

I AM THE PLANNER FOR LAFCO AND I HAVE THE PLEASURE OF PRESENTING TO YOU.

FRANKLIN COUNTY WATER DISTRICT SPHERE OF INFLUENCE REVISION NUMBER FIVE, OR LAFCO FILE NUMBER 0 1 5 0 E AND ANNEXATION OF JOE'S TIFFANI ELEMENTARY SCHOOL.

UM, THAT IS LEFT.

GO FILE 0 6 9 0.

SO SOME BACKGROUND ON THIS PROPOSAL, UH, THE FRANKLIN COUNTY WATER DISTRICT IS PROPOSING TO REVISE AND EXPAND ITS SPHERE OF INFLUENCE, OTHERWISE KNOWN AS AN SOI BY ADDING APPROXIMATELY 15 POINT 17 ACRES TO HIS EXISTING SPHERE OF INFLUENCE, UH, IN ORDER TO ANNEX THE TERRITORY CONTAINING JOSEPH ANI ELEMENTARY SCHOOL, UH, THE DISTRICT CURRENTLY PROVIDES SEWER SERVICE TO JOSEPH ANI ELEMENTARY SCHOOL ALREADY THROUGH AN EMERGENCY OUT OF BOUNDARY SERVICE EXTENSION.

THAT WAS GRANTED IN 2019 TO REPLACE A FIELD SEPTIC SYSTEM WITH WASTEWATER CONNECTION.

UH, STAFF IS ALSO RECOMMENDING TO ADD THE ADDITION OF FOUR, ONE ACRE PARCELS ADJACENT TO THE ANNEXATION AREA, TO THE SPHERE OF AMENDMENT, JUST TO PROVIDE A MORE LOGICAL SPHERE BOUNDARY.

UH, THESE FOUR RESIDENTIAL PARCELS ARE NOT CURRENTLY CONNECTED TO THE DISTRICT AND REALLY DON'T REQUIRE PUBLIC WASTEWATER SERVICES AT THIS TIME BECAUSE THEY HAVE ONSITE SEPTIC SYSTEMS. HERE IS A MAP OF THE CURRENT SPHERE OF INFLUENCE FOR THE DISTRICT, AS WELL AS HIGHLIGHTING THE PROPOSED AREA AND RED.

AND THEN THE STAFF RECOMMENDED AREAS IN ORANGE.

YOU CAN SEE THAT BY ADDING THE ORANGE AREAS, THERE'S MORE LOGICAL COUNTRY, UM, BOUNDARY WITH THE CURRENT SPHERE OF INFLUENCE AND TO MAKE IT MORE CONTIGUOUS TO THAT SPHERE OF INFLUENCE.

THIS NEXT MAP IS TO SHOW WHAT'S ACTUALLY IN THE DISTRICT.

SO YOU CAN SEE THERE IS SOME AREAS THAT ARE NOT CONTIGUOUS TO THE DISTRICT, BUT THE PROPOSED ANNEXATION AREA WOULD BE A CONTIGUOUS TO THE EASTERN BOUNDARY OF THE DISTRICT.

AND JUST TO BE CLEAR, THE GREEN AREA IS THE DISTRICT BOUNDARY AND THE RED AREA IS THE PROPOSED ANNEXATION AREA TO GIVE THEM A LITTLE MORE CONTEXT TO THE FULL SCOPE OF THE PROPOSAL.

HERE IS A MAP OF BOTH THE URBAN BOUNDARY, WHICH IS IN BLUE FOR THE FRANKLIN BEACHWOOD COMMUNITY, AS WELL AS WHAT WE CALL THE FRANKLIN BEECHWOOD, UH, RURAL RESIDENTIAL CENTER.

SO THESE ARE KIND OF LIKE LAND USE DESIGNATIONS THAT WERE OUTLINED IN THE COUNTY GENERAL PLAN.

UH, THE WHOLE POINT OF THE RURAL RESIDENTIAL CENTER IS TO PROVIDE A BUFFER BETWEEN AG LANDS AND, UM, THE URBAN COMMUNITIES.

BUT AS YOU CAN SEE HERE, FRANKLIN BEECHWOOD HAS, THERE ARE RSCS IN A DONUT HOLE BETWEEN, UM, IN THE, UH, URBAN BOUNDARY AREA.

SO THERE MIGHT BE SOME IDEAS ABOUT, YOU KNOW, ANNEXING OR PUTTING THE WHOLE, UH, RRC IN THE SPHERE AT THIS TIME,

[00:05:01]

SO AT THIS TIME THE COUNTY OR LAFCO IS ONLY REQUESTING THE ADDITION OF FOUR PARCELS VERSUS THE WHOLE RC.

SO TO KIND OF PREPARE SOME FINDINGS FOR WHY THE SPHERE OF INFLUENCE IS BEING PROPOSED AND WHETHER OR NOT THE COMMISSION SHOULD BE, UM, MENDING THE SPHERE.

UH, WE ARE LOOKING AT FIVE CONSIDERATIONS, UH, FOR REVIEWING THE SPHERE OF INFLUENCE PROPOSAL.

THE FIRST CONSIDERATION IS PRESENT AND PLAN LAND USES IN THE AREA, INCLUDING AGRICULTURAL AND OPEN LANDS.

SO THE EXISTING SERVE INFLUENCE MOSTLY CONTAINS LANDS THAT ARE ALREADY DEVELOPED OR VACANT LAND THAT'S PROPOSED FOR FUTURE DEVELOPMENT.

AND FINALLY LAND THAT HAS BEEN HISTORICALLY SERVED BY THE WASTE WATER DISTRICT, BUT NOT ANNEXED.

UM, THE SPHERE OF INFLUENCE, UH, AMENDMENT WOULD INCLUDE AREAS THAT ARE ALREADY DEVELOPED, INCLUDING AN ELEMENTARY SCHOOL AND RESIDENTIAL PARCELS AND THE SURROUNDING AREA IS MOSTLY DEVELOPED BY RESIDENTIAL PARCELS.

SO THERE WOULDN'T BE ANY CONFLICT WITH AG LAND OR OPEN SPACE LANDS.

UM, ADDITIONALLY, JUST TO KIND OF NOTE THAT THESE AREAS ARE ALSO SERVED BY CALIFORNIA AMERICAN WATER COMPANY FOR PORTABLE WATER SERVICE.

SO WE WOULDN'T BE LOOKING AT THAT WITH THIS PROPOSAL SINCE, UH, CAL EM IS A PUBLIC UTILITY DEBT THAT ISN'T SUBJECT TO LAFCO AUTHORITY.

THE SECOND, UH, CONSIDERATION THAT THE COMMISSION SHOULD LOOK AT IS PRESENT AND PROBABLE NEED FOR PUBLIC SERVICES, PUBLIC FACILITIES, AND SERVICES IN THE AREA.

SO JUST A FUNNY ELEMENTARY SCHOOL IS ALREADY CONNECTED TO THE DISTRICT, AS I MENTIONED BEFORE.

UM, SO THERE IS ALREADY PRESENT SERVICES THERE AND THERE WOULDN'T BE ANY NEED FOR, YOU KNOW, AN EXTENSION OF SERVICES BECAUSE IT'S ALREADY SERVED.

UH, THE STAFF IS RECOMMENDING THE INCLUSION OF THE FOUR RESIDENTIAL PARCELS, WHICH ARE NOT CONNECTED TO THE DISTRICT, BUT IN THE FUTURE, THIS ANNEX, UH, THE SPHERE MEN WILL ALLOW THESE PARCELS TO BE ANNEXED, UM, IN CASE THESE SEPTIC SYSTEMS ON-SITE OR TO FAIL.

SO THAT WOULD HELP KIND OF ADDRESS THE PROBABLE NEED FOR PUBLIC SERVICES IN THE AREA.

THE THIRD CONSIDERATION IS PRESENT CAPACITY FOR PUBLIC FACILITIES AND ADEQUACY OF PUBLIC SERVICES.

SO THE DISTRICT CURRENTLY HAS AN APPROVED TREATMENT CAPACITY OF 498,000 GALLONS PER DAY.

AND THE CURRENT USE IS 488,000 GALLONS PER DAY.

UM, AS MENTIONED THE DISH, THE SCHOOLS ALREADY CONNECTED TO THE DISTRICT, SO THAT WOULDN'T INCREASE THEIR CURRENT USAGE, WHICH IS KIND OF ALREADY COMMITTED TO OTHER COMMITMENTS.

SO REALLY THE DISTRICT'S ALREADY AT CAPACITY AND ANY ADDITIONAL GROWTH WOULD NEED, UM, EITHER AN EXPANSION OR IMPROVEMENTS TO CURRENT, UM, TREATMENT FACILITIES, BUT BECAUSE THE SCHOOL IS ALREADY CONNECTED THERE ISN'T THAT, UM, FINISHED STRAIN, UM, AGAIN, CAL AND PROVIDES PORTABLE WATER SERVICE.

SO THE SCHOOL WOULD HAVE BOTH WASTEWATER SERVICES AND WATER SERVICES.

THE FOURTH CONSIDERATION IS IDENTIFICATION OF ANY SOCIAL OR ECONOMIC INTEREST AFFECTING THE PROPOSAL.

SO THIS WOULD, UH, THE SPHERE OF INFLUENCE AN AMENDMENT WOULD ACTUALLY BOLSTER, UH, THAT SOCIAL INTEREST BECAUSE THE SCHOOL SERVES, UH, GRADES THREE THROUGH SIX IN THE AREA, AND REALLY IT NEEDS, IT NEEDED THE SEWER CONNECTION BECAUSE, UH, THE SEPTIC SYSTEM WAS FAILING.

SO THE EMERGENCY OUT OF BOUNDARIES, UH, EXTENSION WAS PROVIDED FOR PUBLIC HEALTH AND SAFETY REASONS.

THE INCLUSION OF THE FOUR RESIDENTIAL PARCELS WILL THEN FACILITATE ANNEXATION OF, UM, THE PARCELS IN CASE ANY SEPTIC SYSTEMS WORKED OR FAIL.

AGAIN, PROMOTING THAT SOCIAL, UH, PUBLIC HEALTH AND SAFETY REASONS.

THE FIFTH CONSIDERATION IS THE PRESENT AND PROBABLE NEED FOR DISTRICT SERVICES, BY ANY DISADVANTAGED, UNINCORPORATED COMMUNITY OR DOCKS OR DUCKS, THEY CAN CALL IT EITHER WAY WITHIN THE SPHERE OF INFLUENCE.

AND SO THIS WOULDN'T AFFECT ANY DUCKS IN THE AREA BECAUSE THE DISTRICT ALREADY SERVES EXISTING RESIDENTS IN LOW INCOME AREAS OF THE COMMUNITY.

SO MOVING ON TO OUR ANNEXATION ANALYSIS.

SO THE COURT CHEESY KNOX ACT DOES REQUIRE US TO REVIEW A COUPLE OF DIFFERENT FACTORS.

ROSETTE LACOE HAS ADOPTED SPECIFIC FAULT LOCAL POLICIES IN REGARDS TO THOSE POLICIES.

AND SO WE'LL GO THROUGH THEM RIGHT NOW.

[00:10:02]

SO AS WE SAW IN PREVIOUS MAPS, THE SCHOOL AND ANNEXATION AREA AS CONTIGUOUS TO THE EXISTING DISTRICT TERRITORY TO THE EAST AND THE FOUR RESIDENTIAL PARCELS, WHICH AREN'T INCLUDED IN THE ANNEXATION, BUT PART OF THE SPHERE AMENDMENT ARE ALSO ADJACENT TO THE, UH, JASON AND CONTIGUOUS TO THE SPHERE BOUNDARY.

UM, THIS AREA DOES CONFORM WITH LINES OF ASSESSMENT AND OWNERSHIP.

SO THERE IS NO, UH, PENINSULAS OR ISLANDS THAT WILL BE CREATED.

STAFF HAS ALSO NOT RE UH, FOUND ANY ALTERNATIVES TO THE PROPOSED BOUNDARIES.

A NUMBER TWO, CONFORM ME WITH, UH, COUNTY GENERAL PLAN AND SERVICE DISTRICT SPHERE OF INFLUENCE.

SO IN THE COUNTY GENERAL PLAN, THIS AREA IS DESIGNATED AGRICULTURAL RESIDENTIAL LAND USE AND ZONED RR OR RURAL RESIDENTIAL, UH, PUBLIC SCHOOLS, AS WELL AS RESIDENTIAL DEVELOPMENT ARE ALLOWED AS, UM, LAND USES IN THE GENERAL PLAN AND THE ZONING.

SO THERE ARE NO CONFLICTS WITH LAND USE OR THE GENERAL PLAN.

UM, AND THEN I THINK THAT'S NUMBER THREE, THE NEED FOR DISTRICT SERVICES COSTS AND ADEQUACY OF SERVICES, INCLUDING WATER SUPPLY AND FUTURE NEEDS AND EFFECTS ON THE ANNEXATION ON SERVICE LEVELS.

SO KIND OF REPEATING MYSELF, BUT THE DISTRICT ALREADY PROVIDES SEWER SERVICE TO THE SCHOOL, THROUGH THAT EMERGENCY OUT OF BATTERY SERVICE EXTENSION.

I MENTIONED, SO THERE'S REALLY NO NEED TO EXPAND OR MAKE IMPROVEMENTS TO THE EXISTING TREATMENT PLANT IN ORDER TO SERVE THIS AREA.

UH, ALL THE REMAINING CAPACITY HAS BEEN ALLOTTED.

SO IN THE FUTURE, UH, THE TREATMENT PLAN WOULD NEED IMPROVEMENTS, BUT NOT FOR THIS CASE NUMBER FOR THE MAINTENANCE OF PHYSICAL AND ECONOMIC INTEGRITY OF AGRICULTURAL OR VALUABLE OPEN SPACE LANDS.

SO ACCORDING TO THE FARMLAND MAPPING MONITORING PROGRAM, THIS AREA IS IDENTIFIED AS URBAN AND BUILT UP LAND, AS WELL AS MOST OF THE AREA IN THE FRANKLIN BEACHWOOD COMMUNITY.

AND THIS IS BECAUSE, UH, THIS TERRITORY IS RAISED AND DEVELOPED WITH THE SCHOOL AND THE SURROUNDING AREA IS MADE UP OF RESIDENTIAL DEVELOPMENT OR LAND PLAN FOR RESIDENTIAL DEVELOPMENT.

SO AGAIN, NO, UM, CONFLICTS WITH OUR CULTURAL OR VALUABLE OPEN SPACE, LAND NUMBER FIVE, UH, THAT PROMOTES A BALANCE OF HOUSING FOR PERSONS AND FAMILIES OF ALL INCOME LEVELS AND RELATIONSHIPS TO ANY DISADVANTAGE ON A CORPORATE COMMUNITIES.

SO THE PROPOSED ANNEXATION AREA, AGAIN, IS ALL EXISTING DEVELOPMENT.

IT DOESN'T INCLUDING HOUSING, SO IT WON'T NECESSARILY PROMOTE A VALANCE OF HOUSING, BUT IT ALSO WOULDN'T CONFLICT WITH ANY LAFCO POLICY TO ENCOURAGE AFFORDABLE HOUSING.

GIVEN ALL OF THIS INFORMATION, UH, STAFF HAS TWO FINDINGS OR TWO FINDINGS, AND ONE ACTION RECOMMENDED FOR THE COMMISSION TO MAKE.

SO FOR THE ENVIRONMENTAL FINDING STAFF RECOMMENDS THAT THE COMMISSION FINDS THE SPHERE OF INFLUENCE AMENDMENT, APPROXIMATELY 19 POINT 17 ACRES, AND THE ANNEXATION OF APPROXIMATELY 15 POINT 17 ACRES TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SEEQUA, UM, SECTIONS 1, 5, 3 0 1 EXISTING FACILITIES.

AND THE PURPOSE FOR THAT IS BECAUSE THE PURPOSE OF THE SPHERE OF INFLUENCE IS TO FACILITATE THE ORGANIZATION INVOLVING THE SCHOOL.

AND THE SCHOOL IS ALREADY CONNECTED TO THE DISTRICT WHERE IN NO CONSTRUCTION EXPANSION OR IMPROVEMENT TO THE DISTRICT'S FACILITY ARE REQUIRED AS FOR THE RECOMMENDATION, UH, FOR THE SPHERE OF INFLUENCE.

AND THE ANNEXATION STAFF RECOMMENDS THAT THE COMMISSION ADOPT RESOLUTION NUMBER 10, 5, 0, OR TEN FIVE, ZERO E APPROVING REVISION, NUMBER FIVE TO THE FRANKLIN COUNTY WATER DISTRICT SPHERE OF INFLUENCE BASED ON THE FIVE DETERMINATIONS PRESENTED ON PAGE SIX OF THE EXECUTIVE OFFICER REPORT AND THE COMMISSION ADOPT RESOLUTION NUMBER 0 6 9 2 APPROVING ACT STATIONS, JOSEPH AMI ELEMENTARY ANNEXATION TO THE FRANKLIN COUNTY WATER DISTRICT BASED ON THE NINE DETERMINATIONS PRESENTED ON, UH, PAGES SIX AND SEVEN OF THE EXECUTIVE OFFICER REPORT.

THIS CONCLUDES STAFF'S PRESENTATION.

IF THERE ARE ANY QUESTIONS AT THIS TIME, STAFF CAN ANSWER THEM.

THANK YOU.

THANK YOU.

DO WE HAVE ANY PUBLIC COMMENT ON THIS ITEM HEARING NONE? I'LL BRING IT BACK.

YES, SIR.

YES.

THANKS CHAIR.

UM, AND THIS MIGHT GO BEYOND, BUT THE 18 ACRES TO THE SOUTH OF THAT, WHICH IS A COUNTY PARK DESIGNATED, HOW COME WE DIDN'T INCLUDE

[00:15:01]

AND I THOUGHT WE'D ALREADY GOT THE OKAY.

FROM FRANKLIN WATER DISTRICT FOR SEWER.

I JUST WONDER HOW COME WE DIDN'T INCLUDE THAT IN THIS PROPOSAL.

YEAH.

I'LL, I'LL RESPOND TO THAT.

YEAH.

CAUSE I KNOW WE HAD BROUGHT THAT UP EARLY WHEN I WAS GIVING A REPORT ON THIS AS AN UPCOMING PROJECT.

THE, AS FAR AS I KNOW, THERE IS NO SECRET DOCUMENT APPROVED FOR THAT YET.

AND THE DISTRICT, AS FAR AS WORKING ON THE COMMUNITY PLAN, THE CAPACITY THEY HAVE LEFT THE 10,000 GALLONS PER DAY IS COMMITTED TO A SUBDIVISION LOCATED EAST OF THE SCHOOL SITE AND THE, WHEN THEY HAD THE PROBLEM WITH THEIR SEPTIC TANK AT THE SCHOOL, UH, THE DEVELOPER OF THAT LAND OFFERED TO GIVE THE CAPACITY TO THE SCHOOL.

UM, AND I GUESS THE DISTRICT HAS WORKED ON GETTING REPLACEMENT CAPACITY OR NOT.

I DON'T KNOW ABOUT REPLACING PERHAPS, BUT MAYBE MORE EFFICIENCY OR FINDING THE EXTRA CAPACITY THAT YOU DO HAVE WOULD BE AVAILABLE FOR THAT SUBDIVISION AGAIN.

SO THE INCLUDING THE PARK WILL BE AN EASY THING WHEN, WHEN IT'S TIMELY.

UM, BUT RIGHT NOW THERE'S NO, WE DON'T HAVE ENOUGH OF A RECORD TO SUPPORT TO PUT IT IN THIS SPHERE.

WE WOULDN'T BE ANNEXING AT A COURSE, UM, BECAUSE THE CAPACITY WE HAVE TO BE THERE NOW, BUT THERE'S NO RIGHT NOW THERE'S A STRUGGLE WITH THE DISTRICT ON GETTING TO CAPACITY.

AND, UM, FORTUNATELY FOR, FOR LAFCO PURPOSES, TIFFANY HO OUR PLANNER IS ALSO THE COUNTY PLATTER ON THE COMMUNITY PLAN FOR FRANKLIN BEACH, WHICH IS IN MY DISTRICT AND YOUR DISTRICT.

SO SHE'S FOLLOWING.

YEAH.

SO SHE'S FOLLOWING THAT VERY CLOSELY.

AND THERE, YOU'RE ACTUALLY TRYING TO GET INFORMATION, UM, THROUGH THE DISTRICT ENGINEER THAT'S NEEDED FOR THE COMMUNITY PLAN, WHICH, WHICH LAFCO NEEDS TO, WHICH IS, UH, THE, UH, THE MASTER PLAN FOR SEWER AND FOR THE SOURCE SYSTEM FOR ACCOMMODATING THE GROWTH THAT WOULD BE SERVED, SERVE THE COMMUNITY.

AND SO RIGHT NOW IT'S KIND OF A CHICKEN OR THE EGG THING.

DO YOU, YOU COME UP WITH A BIG PLAN FOR HOW MUCH THE COMMUNITY YOU MIGHT WANT TO GROW AND THEN FIND OUT THERE'S NOT ENOUGH SEWER, OR DO YOU COME UP HOW MUCH SEWER CAN THEY POSSIBLY GET BECAUSE THEY HAVE A RESTRICTED LOCATION FOR THEIR SEWER PLANT.

AND SO HOW MUCH GROWTH COULD THEY ACCOMMODATE? SO THAT'S, THAT'S THE, THE TUG OF WAR GOING ON RIGHT NOW.

AND I GUESS TIFFANY COULD ADD IF I'M NOT GETTING IT RIGHT.

YEAH.

BECAUSE WE'RE ACTIVELY GOING FOR GRANTS.

AND I JUST HATE FOR THIS PROCESS TO HOLD UP, YOU KNOW, MOVING FORWARD WITH THE, YEAH.

YEAH.

SO THE SPHERE, WHAT WE WOULD DO WITH THE PARK SITE WOULD BE ANNEXATION AND SPHERE AMENDMENT AT THE SAME TIME, DISLIKED THIS SCHOOL SITE IS BEING AMENDING THE SPHERE AND DOING THE ANNEXATION AT THE SAME MEETING.

SO IT WOULDN'T HOLD IT UP.

AND YEAH, WE'RE NOT, WE WOULDN'T BE IN A POSITION TO ANNEX IT NOW BECAUSE, UM, THERE IS NO, AS FAR AS WE KNOW, THERE'S NO CAPACITY AND WE'RE EXEMPTING THIS PROJECT BECAUSE EVERYTHING'S THERE, THE, THE FOUR HOMES ARE THERE FOR THE SPHERE.

AND THEN FOR THE ANNEXATION OF SCHOOLS ALREADY, THEY'RE HOOKED UP TO SEWER.

AND THEN THAT SIDE IS A VACANT 20 ACRES SITE.

SO THE, THE IMPACT FROM THE POTENTIAL OF THE SEWER NEEDS, UM, ISN'T, IT ISN'T RESOLVED YET.

UM, SO THAT'S, THAT'S WHAT WE'RE LOOKING TO BUILD A GYMNASIUM ON THAT LAND AS WELL.

OKAY.

YEAH.

SO NO, NOT ON THE PARK, ON THE SCHOOL'S JOE, STEPHANIE.

YEAH.

THE EMPTY ACREAGE UP IN THE FRONT, RIGHT? YEAH.

SO, UM, SO IT'LL BE AN EASY SITUATION, BUT IT, DEPENDING ON LIKE, IF YOU GET GRANT FUNDING SOONER THAN WE WOULD PROCESS IT EARLIER, OTHERWISE WE HAVE AN ISSUE OF MAYBE TIFFANY PUT THAT MAP BACK UP OF THE COMMUNITY, URBAN PLANNING, BOUNDARY.

YEAH.

THAT ONE, UM, THAT WHOLE POCKET WHERE THE SCHOOL IS, UM, IS ALL OUTSIDE THE DISTRICT SPHERE RIGHT NOW.

AND SO THERE'S AN ISSUE OF WHEN DO WE INCLUDE ALL THAT? AND AGAIN, THE PROBLEM FOR LAFCO IS WE DON'T USUALLY DO THE SECRET DOCUMENTS.

WE RELY ON THE LEAD AGENCY, THE CITY OR THE, OR THE COUNTY, OR, UM, OR IF THE DISTRICT HAD DONE SOME SECRET DOCUMENT.

SO WE'RE NOT SURE HOW MUCH THAT AREA WOULD NEED TO BE SERVED.

UM, AN ANIXTER, ULTIMATELY OF COURSE, TO THE, TO THE LEFT TO THE WEST, UM, IS ONE ACRE, LOTS ON SEPTIC RIGHT NOW.

RIGHT.

AND THEY DON'T NEED SWORE MAYBE SOMEDAY THEY WOULD, THAT MIGHT BE SMARTER THAN MEN, BUT THEY DON'T NEED IT TODAY.

SO WE'RE KIND OF, FOR LACK OF CAUSE PURPOSES, IT'S GOOD TO LET THE COUNTY DO THE COMMUNITY PLAN.

AND WHEN WE DO A SPHERE AMENDMENT, THAT'LL BE LARGER BECAUSE THERE MAY BE GROWTH AREAS OUTSIDE THAT BOUNDARY THAT GET ADDED.

UM, AND THAT WOULD ALSO BE PART OF THIS FAIR AMENDMENT.

WE WOULD NEED TO DO THAT MUNICIPAL SERVICE REVIEW UPDATE, THEN THE COMPREHENSIVE MSR.

SO THEN WE WOULD DO IT ALL AT ONCE.

AND IF SO, IF THE PARK COMES UP EARLIER, THEN WE'LL JUST, WE'LL PROCESS THAT AS, AS A SEPARATE ACTION.

UM, AND I GUESS, YEAH, IT WOULD BE BASED ON WHATEVER DOCUMENTS THE COUNTY HAS.

AND OF COURSE WE, THE APPLICANT IS REALLY THE DISTRICT BECAUSE IT'S FURTHER DISTRICT BOUNDARIES.

SO WE, AGAIN, WE GOT TO CONFIRM THE SEWER, UM, BASED ON WHAT IT ACTUALLY IS NEEDED FOR IT.

SO IT SHOULD BE A PRETTY MUCH OF A NO BRAINER WHEN WE GET IT.

IT'S IT WAS PREMATURE FOR THIS, THIS ACTION.

GOT IT.

OKAY, GREAT.

THANKS.

OKAY.

I GOT THROUGH THE FOUR QUESTIONS HERE, UM,

[00:20:02]

WHY, WHY, WHY IS THAT THOSE PARCELS UP THERE? IT LOOKS LIKE THAT'S PROBABLY MORE AGRICULTURAL THAN IT IS.

IT'S AN INDUSTRIAL THEY'RE STILL PARKED.

YEAH.

IS THAT WHERE RICHWOOD IS AND STUFF THERE'S THAT THAT'S KIND OF WEST OF THAT YET, RIGHT? YEAH.

YEAH.

EAST OF IT TOWARDS TOWN, THERE, THERE IS A LITTLE INDUSTRIAL PARK TOWARDS TOWN.

IT'S GOING MORE TOWARDS TOWNS, MORE TOURIST TOWN.

IT'S ONE OF THE LOTS IN BETWEEN THE YEAH, YEAH, YEAH.

OKAY.

PROBABLY THAT LONG.

WE TALKING ABOUT THAT, THE, YOU KNOW, THE, THE PANHANDLE THAT GOES UP THERE, YOU KNOW? YEAH.

IT IS.

I'M IN THE DISTRICT ACTUALLY.

IT'S NOT JUST IN THIS FIERCE IN THE DISTRICT, SO YOU HAVE SOME INDUSTRIAL USES.

UM, AND THERE'S A VET VETERINARY THERE, BELL AND THEY'RE ON, THEY'RE ACTUALLY ON, UM, SEPTIC TANKS.

AS I UNDERSTAND, I DON'T THINK THERE IS.

SO WE'RE UP THERE.

SO THEY GOT PUT IN THE DISTRICT.

YEAH.

THEY'RE IN, THEY'RE NOT BEING, THEY'RE NOT BEING SERVED IF THEY'RE FIGURING THAT AS PART OF THEIR CAPACITY IS PROBABLY NOT NECESSARY.

SEE, THAT'S WHAT I'M TRYING TO SAY.

THAT'S THE ORIGINAL ARMY AIRPORT BEFORE CASTLE WAS DEVELOPED.

THERE'S OLD BARRACKS OUT THERE AND STUFF.

ALL RIGHT.

YEAH.

SO THE DISTRICT WAS, I THINK IT WAS, THE DISTRICT WAS FORMED BEFORE LAFCO.

SO THE DISTRICT SAID WE WANT TO PUT IT HERE.

AND HOWEVER, THE PROCESS WAS AT THE TIME THEY JUST FORMED IT AND THEY DON'T, WE'VE HAD AN APPLICANTS WANTING TO GET SEWER ON THE NORTH SIDE OF, OF SANTA FE, YOU KNOW, THE MAIN BOULEVARD THERE, WHICH IS ZURICH.

IT'S A VERY WIDE ROAD, VERY EXPENSIVE TO GET UP THERE.

AND THERE'S NO SEWER RIGHT NOW.

SO, UM, RIGHT.

SO YOU COULD MOVE THAT DOWN SOUTH, BUT YOU DON'T HAVE ANY EXTERIOR CAPACITY TO MOVE TO SERVE ANYTHING.

SO, UM, IT IS THE ORIGINAL ARMY.

OKAY.

DID THE OTHER TWO QUESTIONS WERE, ARE REGARDING THE FOUR PARCELS? UM, ARE THEY ON PRIVATE WELLS NOW TOO? ARE THEY ALREADY GETTING WATER FROM THAT COMPANY? YEAH, THEY HAVE THEIR OWN, THEY HAVE THEIR OWN WELLS.

OKAY.

I DON'T KNOW ABOUT THAT ACTUALLY.

YEAH, TO BE HONEST, I'M NOT SURE ABOUT THAT INFORMATION.

UM, I DO KNOW THAT CALLAHAN HAS INFRASTRUCTURE THROUGHOUT AND MOST OF THE, UM, RURAL RESIDENTIAL CENTERS ARE PROVIDED PORTABLE WATER SERVICE FROM CAL AM, BUT, UM, THOSE SPECIFIC PARCELS, I DON'T HAVE THEM.

OKAY.

AND ARE THOSE PEOPLE OPPOSED TO BE IN SAY WE WERE HYPOTHETICAL? I MEAN, THEY'RE THERE, WE'RE PROBABLY GOING TO PUT THEM IN THE SPHERE TODAY, BUT ARE THEY OPPOSED TO BEING IN THE ANNEXATION ALREADY? WHY, WHY WEREN'T THEY INCLUDED IN THE ANNEXATION WHEN IT'S SUCH A SMALL, A SMALL AREA THERE? YEAH.

SO GOOD QUESTION.

SO WITH THE SPHERE OF INFLUENCE AMENDMENT, WE DON'T NECESSARILY HAVE, UM, AN OPPORTUNITY TO, UH, DO A PROTEST HEARING.

UM, SO BECAUSE THIS WAS A PROPOSAL THAT WAS BY THE DISTRICT FOR THE JOSEPH ANI ELEMENTARY SCHOOL.

AND I DIDN'T MENTION THIS IN MY, UH, MY STAFF REPORT, BUT NOT IN MY, UM, PRESENTATION, UM, AS PART OF THE CONDITIONS OF APPROVAL FOR THE EMERGENCY SERVICE EXTENSION, UH, THE DISTRICT AND JOSEPH, RONNIE WERE SUPPOSED TO GET THEIR SPHERE OF AMENDMENT OF INFLUENCE AMENDMENT.

AND THIS ANNEXATION DONE WITHIN SIX MONTHS OF APPROVAL.

SO THAT'S KIND OF WHY THEY NEED TO DO IT THIS TIME, WHY THEY'VE DONE IT AND WHY WE DON'T REALLY WANT TO HOLD IT UP BY KIND OF OPENING UP THIS, UH, UM, THE OTHER PARCELS TO AN ANNEXATION, UH, TO BE ANNEXED AT THIS TIME AND JUST BEING PROPOSED FOR SPHERE.

UM, SO, UH, WE HAVE SENT OUT A NOTICE TO ALL THE PROPERTY OWNERS WITHIN 300 FEET OF THE SPHERE OF INFLUENCE, INCLUDING THOSE FOUR PARCELS.

UM, AS PART OF THIS PUBLIC HEARING NOTICE, UM, MEETING ON THE BROWN ACT PROCESS PROCEDURES.

AND SO FAR, WE HAVEN'T HEARD ANY KIND OF, UH, OPPOSITION TO THE SPHERE OF AMENDMENTS.

SO AT THIS TIME WE DON'T, WE DON'T KNOW IF THERE'S ANY OPPOSITION AND WHEN WE DO HAVE AN ACCUSATION, UM, UM, COMING THROUGH FOR THIS PROPERTY IN THIS AREA THAT WOULD PROBABLY COME DURING, UM, WHENEVER THEY NEED TO ACTUALLY CONNECT, BECAUSE I WAS THINKING IT WOULD BE MORE CONVENIENT.

THEY WOULDN'T HAVE TO GO THROUGH SPECIAL, SPECIAL LEGISLATION THAT THEY GET THEMSELVES CONNECTED IF THEY EITHER HAVE WELL FAILURES OR, OR ASEPTIC FAILURES, YOU KNOW, I MEAN, I THINK IT WOULD BE REASONABLE TO, UH, MAYBE THEY SHOULD HAVE BEEN APPROACHED OR SOMETHING LIKE THAT.

DOESN'T, DOESN'T, LAFCO LAW ALLOW US TO PROPOSE, UH, ANNEXATION.

YEAH.

AND I'LL, I'LL MENTION THIS CASE AGAIN.

NORMALLY THE DISTRICT WOULD BE THE APPLICANT AND THEY ARE, BUT IT'S A REQUIREMENT BY THE DISTRICT TO GIVE THIS SEWER SERVICES SCHOOL THAT THE SCHOOL AGREED TO ANNEX SO THAT THE SCHOOL HAS, HAS SIGNED A PETITION TO ANNEX, BUT THESE OTHER HOMEOWNERS HAVEN'T.

[00:25:01]

IF WE INCLUDED THOSE PARCELS, WE'D HAVE TO HAVE A PROTEST TURNING WELL, THE SCHOOL IS PAID FOR ALL THE APPLICATION MATERIALS.

SO NOW WE'RE, WE'RE COMPLICATING IT.

IT'S, IT'S, UH, IT'S KIND OF IT'S THE PUBLIC INTEREST REALLY TO GET THE SCHOOL ANNEXED.

UM, AND, AND EVEN THOUGH THAT'S A GOOD LAFCO PURPOSE AND WE WOULD NORMALLY DO THAT, UM, WE COULD EXPAND THE BOUNDARY, BUT WE DIDN'T WANT TO BRING IT INTO HAVING A PROTEST HEARING, UM, FOR THE PEOPLE THAT MAYBE HAVE A PROTEST, WHEN IT'S THE SCHOOL FOOTING THE BILL FOR AN EXISTING FACILITY, YOU KNOW, IF WAS A NEW SUBDIVISION OR SOMETHING, WE WE'D SAY, HEY, WELL, LET'S MAYBE THROW IT ALL IN, BUT THAT'S, THAT'S THE OTHER PART OF IT IS WE'D HAVE AN EXTRA STEP TO GO THROUGH THE DELAYS, YOU KNOW, THERE'S A TIME PERIOD FOR THAT AND POTENTIAL RISKS.

THERE'S A VERY GOOD QUESTION.

YEAH.

AND, AND ONE MORE, JUST A QUICK QUESTION, UM, ON THE ZONING IS, UM, DOES AR STILL EXISTS? IS IT STILL IN EXISTENCE? NO, I'M NOT FUCKING ABOUT THIS AREA, BUT DOES THE AR ZONE THAT'S TIFFANY? YEAH.

SO, UM, THAT'S MY PRIVILEGE BEING ALSO A COUNTY PLANNER.

UH, WE DID UPDATE THE, UH, ZONING CODE IN 2019 AS, AS PART OF THAT.

UH, WE WERE FOLLOWING GENERAL PLAN GUIDELINES THAT SAID TO AMEND THE AR ZONING TO OUR, OUR ZONING.

SO IT'S NOT CALLED RURAL RESIDENTIAL.

AND THE PURPOSE OF THAT IS TO KIND OF REALLY HIGHLIGHT THAT THIS IS MORE OF A RESIDENTIAL ZONE AND IT'S JUST RURAL AND CHARACTERISTIC VERSUS AGRICULTURAL RESIDENTIAL, WHICH SOME PEOPLE WILL READ AS MORE OF LIKE AN AGRICULTURAL ZONING.

HOW ABOUT THE OKAY.

AND ALL THE AREAS THAT WERE AR NOW ARE, ARE THEN THAT WHAT YOU'RE SAYING? CORRECT.

IT'S JUST THE CHANGE IN NAME.

OKAY.

ALL RIGHT.

THAT'S IT.

THANK YOU.

ANY OTHER QUESTIONS? NOPE.

YUP.

SO STONE RIDGE ISN'T IN THE DISTRICT, THEY HAVE THEIR OWN SEPTIC SYSTEM.

CORRECT.

SO, UH, WE DID PROCESS A SPHERE OF AMENDMENT TO INCLUDE STORAGE, UM, IN THE, UH, THE SPHERE OF INFLUENCE BECAUSE THEY DO RECEIVE, UH, WASTEWATER SERVICES, I BELIEVE.

UM, YEAH, BUT THEY AREN'T ACTUALLY IN THE DISTRICT, THEY WERE ANNEXED.

YEAH.

THIS, THIS MAP IS SHOWING THAT THIS MAP IS SHOWING THE, THE GENERAL PLAN.

UM, THE BLUE IS BEING URBAN AND THE PINK BEING RURAL RESIDENTIAL, BUT THE DISTRICT HERE, HERE'S A MAP, THE GREEN IT'S A DISTRICT BOUNDARY.

AND SO STONERIDGE HAS JUST TO THE NORTH THERE.

RIGHT.

AND SO THEY WERE, THEY WERE ANNEXED IN ORDER TO GET SORE.

YEAH.

AND SO THEY'RE IN THE SPHERE.

YEAH.

IT'S KIND OF SEE THE PARCEL OUTLINE ON THERE.

YEAH.

DAMN WORD RUNS EAST WEST IT'S IT'S AN AREA TO THE NORTH AND IT GOES ALL THE WAY UP TO SANTA FE TO BALLFIELDS YET.

RIGHT.

RIGHT.

OKAY.

AND THAT WAS AN AREA THAT WAS ALSO A RURAL RESIDENTIAL, I THINK.

SO THE PURPLE YOU CAN SEE IS THE RURAL RESIDENTIAL AREA.

SO, UM, STONE RIDGE IS ALL WITHIN THE SPHERE OF INFLUENCE AND THE ANNEXATION AREA.

OKAY.

I HAD A COUPLE QUESTIONS.

I DON'T KNOW HOW GERMANE THEY ARE TO WHAT WE'RE CONSIDERING, BUT THE, THE AREA ALONG BNB BOULEVARD AND RANCHEROS THAT'S RIGHT NEXT TO THE SCHOOL WHO SERVICES THAT.

YEAH.

SO THEY'RE ON INDIVIDUAL SEPTIC.

ALL OF THEM, THE COUNTY ALLOWS HERE THEY'RE ONE ACRE LOT.

SO THE COUNTY ALLOWS THAT AND ALL THOSE TO THE NORTH, TO THOSE LARGER LOTS NORTH OF DEN WORD THERE, UM, BECAUSE THEY'RE LIKE, ARE THERE LIKE THEIR OWN LITTLE PENINSULA? I MEAN, THAT'S ALMOST AN ISLAND IN THERE FREE LAFCO I ASSUME.

YEAH.

YEAH.

AND, AND REALLY WHAT WOULD, WHAT WOULD HAPPEN IS THAT WOULD HAVE BEEN, WELL, WE WERE TALKING ABOUT THAT EARLIER, TIFFANY.

NORMALLY THAT WOULD BE ON THE FRINGE OF TOWN WHERE YOU'RE NOT GOING TO GO ANY MORE.

LIKE MARSET ON THE EAST SIDE OF MERSEYSIDE, YOU HAVE THE LARGE ONE ACRE LOTS, AND THEN YOU HAVE FARMLAND HERE.

THEY JUMPED OVER IT EARLY.

THEY DID ONE ACRE LOSS, AND THEN THEY JUMPED OVER IT AND DID A BUNCH OF SMALL LOTS PAST IT.

AND SO IT DOESN'T MAKE ANY SENSE.

AND SO YOU IT'S, THIS TOWN GROWS, YOU HAVE A HEART OF TOWN HAVING A BUNCH OF SEPTIC SYSTEMS, WHICH IN GUSTINE, YOU WOULDN'T WANT A WHOLE BUNCH OF SEPTIC SYSTEMS NEAR DOWNTOWN.

SO IT'S REALLY A UNIQUE COMMUNITY.

WE DON'T, I THINK THIS IS THE ONLY ONE WHERE SAID COUNTY LIKE THIS, WHERE THE ONE ACRE, LOTS GOT SURROUNDED BY HIGHER DENSITY.

THAT DOESN'T MAKE MUCH SENSE.

SO IT SHOULD GO ON SEWER ULTIMATELY, BUT BECAUSE THEY'RE ON, UM, CALLUM WATER, THEY ACTUALLY DON'T HAVE AS MUCH OF A PROBLEM OF HAVING AN ACRE WITH A SEPTIC.

AND WELL, SINCE THEY HAVE PUBLIC WATER THAT THE ACCEPTED TANK ISN'T POTENTIALLY THEIR WELLS.

SO IT'S NOT, IT'S NOT AS BIG OF A HEALTH THREAT IS MOST OF THE AR COULD BE OVER TIME.

UM, SO NOT THAT IT SHOULDN'T GO ON TOUR SOMEDAY.

THE OTHER PART OF IT IS AFFORDABLE HOUSING.

THE STATE'S REALLY PUSHING LIKE THESE ADDITIONAL DWELLING UNITS THAT YES, UM, THE AID USE AND YOU CAN'T PUT THEM ON A ONE ACRE LOT BECAUSE YOU YOU'LL

[00:30:01]

SO IF THEY COULD GET SEWER, THEN THEY COULD BE ELIGIBLE FOR ADU.

SO AS THE ECONOMY KEEPS HUMMING AND HOUSING PRICES GO UP, THESE LANDOWNERS MIGHT COME OUT AND SAY, HEY, WE WANT TO GET, BUILD A SECOND HOME.

AND IF THEY FIND OUT THAT IF THEY COULD, IF THEY HAD SEWER, THERE MIGHT BE A PUSH TO BRING A SEWER LINE DOWN.

AND THEY, YOU KNOW, NOTHING NEIGHBORS WANT TO DO IT.

THEY WOULD PAY TO BRING IT, BRING IT DOWN THERE.

SO IT COULD, IT COULD END UP CHANGING.

AND THAT WOULD BE MAYBE PART OF THE COMMUNITY PLAN, UM, LOOKING AT, SHOULD THAT STILL BE RR? SHOULD THEY CHANGE IT TO LIKE LOW DENSITY AND LET, LET THE PEOPLE TRY TO DO MORE DEVELOPMENT? OKAY.

AND IF I COULD, WHAT'S INTERESTING IS FRANKLIN WATER DISTRICT ONLY DOES THE SEWER, WHICH IS A SPECIAL DISTRICT, RIGHT? AMERICAN WATER, CAL AMERICAN WATER IS ACTUALLY A PRIVATE COMPANY THAT PROVIDES THE WATER.

SO WE'VE GOT AN INTERESTING, WELL THAT YOU'LL GO IN THERE AND THAT AREA WHY THEY'RE NOT UNDER LAFCO WA JUST BECAUSE THEY ARE A PRIVATE COMPANY, THEY'RE NOT AN ENTITY GO RIGHT THERE.

PRIVATE COMPANY, LIKE, LIKE CAL AM IS, IS LIKE PG AND E EARLY, WHICH IS FOR PROFIT AND ACTUALLY PGNE, YOU KNOW, YOU COULD GO OUT AND BUY STOCK FOR CALLUM IS, IS OWNED BY INVESTORS.

SO IT'S PRIVATELY HELD, BUT THEY'RE, THEY'RE FOR-PROFIT SO, UM, THEY THEY'RE MEN THEY'RE RULED BY THE PUBLIC UTILITIES COMMISSION WHO DOES A GREAT JOB WITH PG OF COURSE, AND KEEPS THE RATES DOWN AND VERY EFFICIENT.

THEY RUN.

SO NOW THEY ARE, THEY ALSO UNDER THE, THE GROUNDWATER SUSTAINABILITY ACT AND ALL OF THAT ALSO.

YEAH.

THEY'D HAVE TO COMPLY WITH ALL THAT, ALL THE REGULATIONS THEY GET OUT OF LAFCO, BUT THERE'S NO EXEMPTION FOR THESE UTILITIES TO GET OUT OF THE P THE GROUNDWATER MANAGEMENT SEGMENT.

RIGHT.

CAL AM'S ONLY BROOKE WAS THERE BEFORE KELLY HAS ONLY BEEN THERE ABOUT THREE YEARS.

THEY, YEAH.

THEY BOUGHT IT.

THEY HAD TO GO THROUGH THE PUBLIC UTILITIES COMMISSION, WHICH WAS A GREAT EVENT BECAUSE THEY, THEY BOUGHT IT.

AND THEN THE RATES WENT WAY UP ABOUT SIX YEARS AGO, SIX YEARS AGO.

I SAID, YEAH.

SO THE PUC HAS TO PROVE THE RATE INCREASES.

AND AGAIN, THEY DO.

SO ANYWAY, DIDN'T WE HAVE A, A CONTROVERSY WITH THEM SEVERAL YEARS AGO ABOUT, UH, STUFF ON THE SOUTH SIDE OF, UH, 99.

REMEMBER THAT? YUP.

YUP.

THEY WANTED TO PUT IN THERE BIG, THEY WOULDN'T HAVE PUT IT IN OR IT WASN'T.

AND THEY FINALLY GOT THEM TO TAKE IT OUT.

YEAH.

THEY WERE TRYING TO PUT IN A SERVICE AREA FOR, FOR CAL AM TAKING OVER THE METRO BUS COMPANY AND MAKE IT WAY BIGGER.

UM, AND WE HAD, THEY, THEY, THE, THE PUC RULES ARE PRETTY TIGHT, BUT THEY'RE NOT ENFORCED.

SO ALL THE THINGS LIKE LOOKING AT THE GENERAL PLANS OF THE COUNTY AND THE CITIES, UM, THEY, THEY PUT PHONY RECORDS IN THERE AND THE STATE OUT OF SACRAMENTO, THE PUC OFFICE, THEY DIDN'T LOOK AT THEM.

AND SO THEY WERE WRONG AND THEY DIDN'T DISTRIBUTE IT FOR, FOR COMMENT.

AND SO WHEN THEY CAME TO THE TAKEOVER OF, OF THE MEDEVAC WATER COMPANY, WE HAVE WE, AND THE CITY OF ATWATER CITY OF MARCET ALL OBJECTED OVER CERTAIN ISSUES.

UM, AND THEY WERE ABLE TO BACK DOWN ON PART OF THE BOUNDARY, BUT, UM, UH, THE, THE, THEY SHOULD NEVER HAVE BEEN APPROVED THE WAY IT WAS.

AND THERE WAS NO WAY TO UNDO IT.

ONCE THE PIECE HAD VOTED ON, IT WAS A DONE DEAL AND THERE WAS NO GOING BACK.

SO IT'S, IT'S REALLY, YOU KNOW, IN A LOCAL LAND USE AND SERVICE REVIEW STEP LIKE LAFCO DOES TO HAVE SOMETHING REGULATED BY THE PUC IS, IS REALLY OFFENSIVE BECAUSE THEY DON'T, THEY'RE NOT LOOKING AT, AT THE LOCAL SITUATION.

AND SOMETIMES YOU COULD ARGUE THE CONSUMERS, UM, LIKE LAFCO YOUR, YOUR, MOST OF YOUR LOCALLY ELECTED EXCEPT OUR PUBLIC MEMBER.

BUT YOU HAVE MORE SAY THE LOCAL PEOPLE WHO COME COME TO YOU AND THOSE PEOPLE ARE IN SACRAMENTO.

AND SO YOU GOT A PROBLEM IN, YOU LIVE IN FRANKLIN BEACH, BUT YOU GOT TO GO TO SACRAMENTO TO, UH, PUBLIC UTILITIES, COMMISSION, HEARING, TO COMPLAIN, YOU KNOW, IT'S A REAL INCONVENIENCE AND DIFFICULT PROCESS.

SO, UM, YEAH, IT'S UNFORTUNATE.

LUCKILY WE DON'T HAVE TOO MANY OF THOSE.

YEAH, YEAH.

YOU COULD HEAR ABOUT IT.

YEAH.

YOU GOT CONSTITUENTS AND WHERE DO THEY, WHERE DO THEY GO TO, YEAH.

YEAH.

SO, OKAY.

OKAY.

I WILL CONSIDER A MOTION TO APPROVE.

UH, WE NEED, HOW MANY MOTIONS DO WE NEED? JUST GET ONE OR WE CAN DO THE MOTION.

YOU CAN PUT THEM ALL TOGETHER.

IF YOU WAIT.

YEAH.

LET'S START WITH THE SECRET.

WHEN YOU GO BACK ONE WORD OR JUST THINK RIGHT NOW YOU COULD DO IT ALL TOGETHER.

IF YOU WANT TO MENTION EXEMPTED FROM SEQUENCE, YOU CAN LOCK IT UP.

YOU'D HAVE FOR YOU, UM, MAKE A MOTION TO EXEMPT IT FROM SEQUEL UNDER SECTION 1, 5, 3 0 1, AND THEN APPROVE THE, UH, UH, SPHERE OF INFLUENCE AMENDMENT AND THEN APPROVE THE ANNEXATION NUMBER 0 6, 9 2 AS OUTLINED IN THE EXECUTIVE OFFICER'S REPORT AS PRESENTED BY STAFF.

OKAY.

THAT'S MY MOTION.

OKAY.

I HAVE A MOTION BY

[00:35:01]

AYE.

OPPOSED MOTION CARRIED.

THANK YOU, GENTLEMEN.

NUMBER SEVEN,

[VII.A. Consider letter of support for AB 2957 (Commission on Local Government) involving the annual omnibus bill sponsored by the California Association of Local Agency Formation Commissions (CALAFCO) involving technical and non-substantive changes to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, along with letter for support for AB 938 (Hertzberg) involving modifications to the protest thresholds to from 10% to 25% for LAFCO-initiated reorganizations to be consistent with other provisions in the Government Code.]

I'M A FULLER.

YEAH.

SO YEAH, AS YOU KNOW, THE, UM, CAL LAFCO, UM, OUR STATEWIDE ASSOCIATION, UM, HAS A LEGISLATIVE COMMITTEE AND THEY BET ONLY THAT NOT ONLY GET INVOLVED IN REVIEWING AND COMMENTING ON LEGISLATION THAT, THAT DIFFERENT LEGISLATORS AND DIFFERENT GROUPS PROMOTE, BUT THEY ALSO SPONSOR THEIR OWN LEGISLATION.

UM, WHICH IS IT A MINIMUM IS THE, UM, ANNUAL OMNIBUS BILL, WHICH, UM, THIS YEAR IS, IS, UM, TAKEN UP AS, UM, THE ASSEMBLY LOCAL GOVERNMENT COMMITTEE IS THE BODY THAT CREATES THAT.

AND IT'S UNDER AB 29 57.

SO, UM, SO THIS YEAR IN THE, UM, THE, UM, WHAT THEY CALL THE OMNIBUS BILL, WHICH HAS, UH, A LOT OF USUALLY DIS DISPARATE, UM, MEASURES THAT THEY'RE TRYING TO CLEAN UP.

THEY'RE NOT, IT'S NOT A PURPOSE WHERE YOU'RE CREATING A WHOLE NEW LAW, THEY'RE CLEANING UP TEXT AND LANGUAGE.

UM, THERE'S, THERE'S ABOUT FIVE DIFFERENT CHANGES IN THERE THAT ARE VERY, UM, IN CONSEQUENTIAL, UM, CHANGING BASICALLY WHAT'S CALLED AN, THE RESULT OF AN APPLICATION ACTION VERSUS, UM, UH, MORE OF NOT, NOT, NOT OBNOXIOUS, BUT A MORE, UM, UH, MORPHOUS TERM OF, UM, COMPLETE THE, UM, BOUNDARY CHANGE.

UM, I'VE ACTUALLY, THAT'S NOT THE EXACT WORDING HERE.

IT'S UM, YEAH, YEAH.

PROPOSAL.

YEAH.

CHANGING A PROPOSAL TO AN APPLICATION.

YEAH.

SO THE PROPOSAL, UM, IT'S, IT'S A VAGUER MORE VAGUE TERM.

AND WHEN YOU LOOK AT THE LAW, THERE'S A LOT OF, UM, INCONSISTENCY OF THE USE OF THE TERM.

SO THEY'RE, THEY'RE TRYING TO MAKE A CONSISTENT, LET'S CALL IT AN APPLICATION AND BE CONSISTENT WHEN WE'RE GOING THROUGH WHAT, WHAT WE'RE ACTUALLY ACTING ON.

SO THAT ONE'S, UH, SOMETIMES THERE'S A LITTLE QUESTIONABLE, UM, UH, IF IT'S REALLY OMNIBUS AND IT'S NOT, THERE'S NO REAL SIGNIFICANCE TO IT, BUT THIS TIME THEY'RE ALL VERY MINOR CLEANING UP THE LANGUAGE.

UM, SO THAT, THAT ONE IS THERE'S REALLY NOT ANY, THERE'S NO CONTROVERSY TO IT, FOR SURE.

THE SECOND ONE IS, UH, IT'S A BIG, UM, ONGOING EFFORT, UH, WHICH IS THIS ONE IS, UM, SP 9 38 SPONSORED BY SENATOR HERTZBERG.

UM, THE CAL LAFCO ASSOCIATION HAS BEEN WORKING WITH THE, UH, SPECIAL DISTRICTS ASSOCIATION, CALIFORNIA SPECIAL DISTRICTS ASSOCIATION, CSTA ON AND OTHER GROUPS TRYING TO CLEAN UP THE PROTEST PROVISIONS FOR MANY YEARS.

AND THE PROTEST PROVISIONS WERE ADDED OVER MANY YEARS TO THE STATE GOVERNMENT CODE ON THE, IN THE LAFCO LAWS.

AND SOMETIMES THEY'RE ACTUALLY SEPARATE SECTIONS FROM OTHER LAWS LEADING WITH SAY A WATER DISTRICT OR A S A SPECIAL KIND OF DISTRICT, AND THEY HAVE DIFFERENT PERCENTAGES FOR PROTESTS.

AND SO ONE OF THE MOST OBNOXIOUS THINGS TO LAUGH CODES IS IF, IF WE SEE AN ISSUE THAT SHOULD BE ADDRESSED AND YOU WANT TO DEAL WITH THE DISTRICT, UM, AND SAY, WE'VE TALKED MANY TIMES ABOUT LITTLE CELESTE, AND WHETHER THAT DISTRICT SHOULD, SINCE THEY'RE HARDLY FUNCTIONING, THEY SHOULD BE DISSOLVED, UM, IN THE, IN THE LAW, IF YOU WANT TO DISSOLVE A DISTRICT INITIATIVE BY LAFCO.

UM, AND WE, AS A COMMISSIONER, YOU APPROVE THAT, THEN IT GOES TO PROTEST, AND IT REQUIRES ONLY A 10% THRESHOLD OF RESIDENTS OR REGISTERED VOTERS TO FILE A PROTEST.

AND, AND THAT WOULD, COULD LEAD TO A VOTE TO STOP IT.

BUT ANY OTHER ACTION REQUIRES A 25% PROTEST.

SO IF IT'S INITIATED LOCALLY OR BY THE DISTRICT, SO THERE'S A PENALTY FOR, FOR A BODY LIKE LAFCO, WHO'S LOOKING AT DOING GOOD GOVERNANCE THAT, UM, IF YOU INITIATED IT, IT, IT ONLY TAKES 10%.

SO IF YOU HAVE A HUNDRED PEOPLE OR A HUNDRED REGISTERED VOTERS, 10 REGISTERED VOTERS COULD SAY, WE DON'T LIKE IT AND CAUSE AN ELECTION AND LAFCO INITIATING WOULD HAVE TO PAY FOR THE ELECTION AND MAKE IT MORE COMPLICATED.

SO, AND ESPECIALLY IF IT'S A, IF IT'S A NO BRAINER, AND OF COURSE LIKE WITH CELESTE LAFCO WOULD NEVER JUST DISSOLVE THE DISTRICT WITHOUT HAVING A PLAN FOR WHAT TO DO.

AND, YOU KNOW, SINCE THE CITY RUNS THE UTILITIES OUT THERE, IT WOULD BE WORKING WITH THE CITY TO, TO TAKE THOSE UTILITIES OVER.

WE WOULDN'T JUST BLINDLY GET RE GET RID OF THE DISTRICT.

UM, BUT ANY, IN ANY EVENT, UM, THIS PROPOSAL AFTER LOTS OF NEGOTIATION, THEY'RE AT A POINT NOW WHERE LET'S STANDARDIZE IT, THAT IT'S A 25%, UM, PROTEST THRESHOLD, WHETHER LAUGH CORNISH HATES IT, OR WHETHER THE DISTRICT INITIATES IT OR THE COUNTY OR SOME OTHER ENTITY INITIATES IT, LET'S LET LEVEL MAKE IT A LEVEL PLAYING FIELD.

AND THERE'S MANY OTHER PROVISIONS

[00:40:01]

AND IT WILL PROBABLY TAKE YEARS BECAUSE THIS IS TAKEN LIKE THREE YEARS TO GET HERE.

UM, BUT THEY DID FINALLY GET AGREEMENT, UM, WITH CFDA TO PROMOTE THAT FORWARD, WHO KNOWS IF IT, THE LEGISLATURE WILL PASS IT, BUT THAT'S WHY THEY'RE LOOKING FOR LETTERS, SUPPORT FROM THE LAFCO IS ON THAT ONE.

AND IT'S A BIG, IT'S A BIG MOVE OVER THE LAST SEVERAL YEARS.

IT WAS GREAT TO GET THIS COOPERATION FINALLY.

SO, UM, SO YEAH, STAFF WOULD RECOMMEND THAT YOU SUPPORT BOTH BOTH LETTERS AND AUTHORIZE THE CHAIRMAN TO SIGN THEM.

I GOT A QUESTION ABOUT THIS, UM, THEORETICAL AND THE BUTTERY.

IT REALLY HAPPENED.

WHAT WOULD HAPPEN IF A SPECIAL DISTRICT WAS FORMED YEARS AGO, NEVER IMPLEMENTED, NEVER ACTED UPON IT.

JUST SAT THERE AND LIMBO.

UH, WE HAVE THAT COME UP HERE A COUPLE OF YEARS AGO AND WE FINALLY DISSOLVED IT, TOOK IT AWAY.

NOW ON THE, UNDER THIS, IT TALKS ABOUT REMEDIATION.

WELL, IF THESE PEOPLE NEVER IMPLEMENTED THERE, THEY'RE A SPECIAL DISTRICT.

THEY DIDN'T WANT TO DO ANYTHING ABOUT IT, BUT STILL YOU, YOU GIVE THEM AN EXTRA YEAR FOR SOMETHING THAT MAY BE SOMEBODY COME UP AND, AND, AND STIR THE POT OR SOMETHING, BECAUSE IT WAS GONNA REQUIRE REMEDIATION.

NOW WHAT'S THE COMMENT ON THAT? WHY, WHY WOULD, WHY DID THAT COME IN THERE IF THERE'S NO PROTEST AND THERE'S NO OPPOSITION TO WHY NOT LET THE ACTION GO THROUGH THAT? YOU'RE GOING TO, THAT ALASKA WAS GOING TO PROPOSE OR DO WITHIN 30, 60 DAYS, WHATEVER, AND ALLOW US TO, WITHOUT HAVING TO HAVE ANOTHER 12 MONTHS OF, UH, OF, UH, THINKING ABOUT IT WHEN MAYBE THEY DON'T WANT TO DO ANYTHING ABOUT IT, THEY TALK, THEY DISCUSS THAT.

YEAH.

YUP.

AND THAT'S YOU, YOU HIT THE NAIL ON THE HEAD OF, OF A VERY IMPORTANT POINT.

THE LAFCO CAL AFCO FINALLY GOT AGREEMENT WITH THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION.

AND THAT WAS THE POISON PILL THAT, UM, IN THE VIEWPOINT TO REPRESENT SPECIAL DISTRICTS, SPECIAL DISTRICTS, CAN I, I'M GOING TO EXAGGERATE HERE, BUT THEY COULD DO NO WRONG.

SO GIVE THEM EVERY CHANCE TO SURVIVE AND, AND DO AN EXIST NO MATTER THEY DON'T DO ANYTHING.

GIVE ME A CHANCE TO COME UP AND DO SOMETHING AT SOME POINT.

AND TO TAKE THEM AWAY IS, IS A BAD THING.

AND I PERSONALLY THIS LITTLE, MY SOAP BOX, BUT IT'S LIKE, I'M A UNION REP WHERE THE EMPLOYEE GETS IN A FIGHT WITH SOMEBODY AND THE UNION IS GOING TO PROTECT THAT EMPLOYEE NO MATTER WHAT, EVEN IF EVERYBODY ELSE COULD JUST SEE WELL, THAT, THAT PERSON'S, YOU KNOW, DANGEROUS.

UM, BUT THE UNION WILL FIGHT FOR THEM TO DAN.

SO I SEE CFDA HAVING THAT ATTITUDE ABOUT SPECIAL DISTRICTS IS THAT YOU SHOULD NEVER, UNLESS THEY WANT TO GO AWAY, YOU SHOULD NEVER TAKE THEM AWAY.

LET THEM DECIDE.

AND AGAIN, LAUGH CO'S ROLE IS FOR GOOD GOVERNANCE.

AND SO THERE COULD BE REASONS.

SO WHEN WE DID DISSOLVE THOSE DISTRICTS, THAT WAS AN EFFORT BY THE STATE WHO IS SO FRUSTRATED THAT LAUGH GOES, WEREN'T DISSOLVING DISTRICTS, THAT AREN'T DOING ANYTHING, THAT THERE WAS AN AMENDMENT TO THE STATE LAW THAT CAME OUT OF A GOOD STUDY YEARS AGO.

THE LITTLE HOOVER COMMISSION THAT LOOKED AT LAUGH GOES, AND ONE OF THEIR UPSETS WAS WHAT DO YOU GUYS DO? YOU PROCESS APPLICATIONS, BUT YOU DON'T INITIATE ANYTHING.

AND IT'S VERY HARD TO SUCCEED WHEN YOU INITIATE THINGS AGAIN, LIKE THIS PROTEST DIVISION.

SO, UM, SO THEY CREATED A LAW.

IF YOU HAVE NO ASSETS AND YOU HAVE NO FINANCIAL TRANSACTIONS AND YOU DON'T DO ANYTHING, UM, AND YOU DON'T SHOW UP IN THE STATE CONTROLLERS LIST OF HAVING REVENUES OR, OR A BANK ACCOUNT OR ANYTHING, THEN THE STATE WILL NOTIFY.

THE LAUGH GOES, AND IT DOESN'T DISSOLVE THEM, BUT IT TELLS THE LAUGH GOES, YOU CAN DISSOLVE THESE DISTRICTS WITHOUT A PROTEST, UM, JUST UP TO YOUR COMMISSION.

UM, IF, IF THEY SHOW UP ON THAT LIST AND OF COURSE YOU HAVE TO HOLD A POLL, A PUBLIC HEARING, AND YOU NOTIFY THE DISTRICTS AND ALL THAT, BUT WE DON'T HAVE A REMEDIATION.

WE DON'T HAVE TO GO DO ANYTHING HEAVY IF WE WANT TO AGREE TO THAT.

BUT THAT GIVES, IT, GIVES THE DISTRICT A CHANCE TO SAY, UM, SHOULD WE STAY IN EXISTENCE? AND THAT'S WHERE WE UNCOVERED ALL THESE DISTRICTS ON THE WEST SIDE, WHO DON'T DO ANYTHING.

THEY HAVE A RIGHT TO FEDERAL WATER, AND THEY HAD TO BE A DISTRICT TO GET THAT.

SO THEY HAVE A CONTRACT, BUT THEY DON'T THE LAND THAT'S IN THE DISTRICT.

DOESN'T GET A DROP OF WATER.

THE WATER GETS MOVED TO, UM, IN MANY CASES IN SAN LOUIS WATER DISTRICT AND THE SMALL LITTLE DISTRICTS ON THEIR OWN, THEY DON'T, THEY'RE ONLY, THEY ONLY EXIST ON PAPER TO TRANSFER THE WATER.